[Federal Register: January 19, 2006 (Volume 71, Number 12)]
[Rules and Regulations]
[Page 3007-3009]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja06-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Charleston 05-143]
RIN 1625-AA97
Safety Zone; Town Creek Channel, Grace Memorial and Silas Pearman
Bridges, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Town Creek Channel for the demolition and
recovery operations of the Grace Memorial and Silas Pearman Bridges.
This rule prohibits entry, anchoring, mooring, or transiting within the
temporary safety zone without the permission of the Captain of the Port
Charleston or his designated representative. This regulation is
necessary to protect life and property on the navigable waters of the
Town Creek channel from the danger associated with the demolition/
recovery operations of the Grace Memorial and Silas Pearman Bridges.
DATES: The rule is effective from 7:30 a.m. on October 20, 2005 through
8:01 a.m. on January 30, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP Charleston 05-133] and are
available for inspection or copying at Coast Guard Sector Charleston
(WWM), 196 Tradd Street, Charleston, South Carolina 29401 between 7:30
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer James J. McHugh,
Sector Charleston office of Waterways Management, at (843) 723-7647.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM, which
would incorporate a comment period before a final rule could be issued
and delay the effective date, would be contrary to the public interest
because immediate action is needed to protect the public and waters of
the United States.
For the same reason, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. A Coast Guard patrol
vessel will be on scene for the duration of the effective period to
notify mariners of the restriction.
Background and Purpose
This demolition recovery operations will require several blasts
that will be needed to remove the steel trusses and supporting columns
for the Grace Memorial and Silas Pearman Bridges. The purpose of this
temporary zone is to protect mariners from the demolition/recovery
operations. The safety zones will remain in effect following any
detonation event to protect mariners from the navigation hazard
presented by debris removal operations. After any demolition event, and
during the debris removal, mariners may request permission to transit
through the safety zone by contacting the U.S. Coast Guard via VHF-FM
channel 16 or by phone at (843) 724-7616.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). Because marine traffic should be able to safely transit
around the safety zone and may be allowed to enter the zone with the
permission of the COTP or his representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. The owners and operators of vessels who wish to navigate
through Town Creek Channel may be impacted by this rule. This impact
will not be significant because the rule will only be in effect for a
short duration, the impact on routine navigation is expected to be
minimal, commercial marine traffic will still be able to safely transit
around the temporary safety zone by using the Cooper River Channel, and
vessels may be allowed to enter the zone after obtaining the permission
of the COTP or his designated representative.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. Small
entities may contact the
[[Page 3008]]
person listed under FOR FURTHER INFORMATION CONTACT for assistance in
understanding and participating in this rulemaking.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34) (g), of the Instruction, from further environmental
documentation. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' will be available in the
docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C 1226, 1231; 46 U.S.C. Chapters 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. A new temporary Sec. 165.T07-143 is added to read as follows:
Sec. 165.T07-143 Town Creek Channel, Grace Memorial and Silas Pearman
Bridge, Charleston, SC.
(a) Regulated area. The Coast Guard is establishing a temporary
safety zone near the Grace Memorial and Silas Pearman Bridges on the
Town Creek Channel, in the City of Charleston, SC. The safety zone
includes all waters within the area bounded by a line connecting the
following coordinates: 32[deg]48[min].375 N, 079[deg]55[min].844 W to
32[deg]47[min].956 N, 079[deg]55[min].542 W to 32[deg]47[min].879 N,
079[deg]55[min].693 W thence to 32[deg]48[min].304 N,
079[deg]55[min].985 W thence return to 32[deg]48[min].375 N,
079[deg]55[min].844 W.
(b) Definitions. The following definitions apply to this section:
Designated representative means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and federal, state, and local officers
designated by or assisting the Captain of the Port (COTP) Charleston in
the enforcement of the regulated area.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, anchoring, mooring or transiting in this
zone is prohibited, except as provided for herein, or unless authorized
by the Coast Guard Captain
[[Page 3009]]
of the Port Charleston, South Carolina, or his designated
representative. Persons and vessels may request permission to enter the
safety zone on VHF-FM channel 16 or via phone at (843) 720-3240.
(d) Dates. This rule is effective from 7:30 a.m. EDT on October 20,
2005 until 8:01 a.m. EDT on January 30, 2006.
Dated: October 26, 2005.
John E. Cameron,
Captain, U.S. Coast Guard, Captain of the Port, Charleston, SC.
[FR Doc. 06-498 Filed 1-18-06; 8:45 am]
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