[Federal Register: January 19, 2006 (Volume 71, Number 12)]
[Rules and Regulations]
[Page 3005-3007]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja06-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Charleston 06-003]
RIN 1625-AA00
Safety Zone; Cooper River, Hog Island 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 Hog Island Reach on the Cooper River, 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 Cooper River from the danger associated with
the demolition and recovery operations of these bridges.
DATES: The rule is effective from 7:30 a.m. on January 15, 2006 through
8:01 a.m. on December 31, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP Charleston 06-003] 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) 724-7647.
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
The demolition and removal of the Grace Memorial and Silas Pearman
Bridges is an on-going operation that will continue throughout the
year. This operation will require several explosive detonations to
remove the steel trusses and supporting columns for the two bridges.
These detonations present a direct danger to mariners transiting in the
vicinity of the bridges on Hog Island Reach on the Cooper River. At
this time, the detonation schedule can not be exactly determined,
however Coast Guard Sector Charleston expects to receive two weeks
notice, at maximum, from the contractor before any detonation will
occur.
The purpose of this temporary safety zone is to protect mariners
from the demolition and recovery operations. While the effective period
for this zone extends from January 15 to December 31, 2006, the zone
will only be enforced immediately preceding a detonation, and for a
short duration following a detonation to allow for the safe removal of
debris. Upon receiving notice from the contractor that a detonation
will occur, Coast Guard Sector Charleston will notify the public of the
date and time the safety zone will be enforced and when enforcement
will stop. While the safety zone is being enforced, mariners may
request permission to transit through the zone by contacting the U.S.
Coast Guard via VHF-FM channel 16 or by phone at (843) 724-7616.
Mariners and the general public may also contact the Coast Guard to
request information on the status of the safety zone, such as, if it is
currently enforced, or when the next enforcement period will be.
Discussion of Rule
This rule creates a temporary safety zone around the Grace Memorial
and Silas Pearman Bridges on Hog Island Reach, and includes all waters
within the area bounded by the following coordinates:
32[deg]48.566[min] N, 079[deg]55.211[min] W to 32[deg]48.389[min] N,
079[deg]54.256[min] W to 32[deg]47.824[min] N, 079[deg]54.401[min] W
thence to 32[deg]47.994[min] N, 079[deg]55.359[min] W. This zone will
only be enforced immediately preceding a detonation, and for a short
time following a detonation while debris removal is conducted. These
enforcement periods will be announced by Coast Guard Sector Charleston
through broadcast notice to mariners, marine safety information
bulletins, and through local media press releases. While the zone is
enforced, persons and vessels may not enter or remain in the zone
without the prior permission of the Captain of the Port Charleston or
designated representative.
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 Hog Island Reach may be impacted by this rule. This impact will
not be significant because the safety zone will only be enforced for a
short duration before and after detonations on the bridge, the impact
on routine navigation is
[[Page 3006]]
expected to be minimal, commercial marine traffic will still be able to
safely transit around the temporary safety zone by using the Town Creek
Channel, and vessels may be allowed to enter the zone after obtaining
the permission of the COTP or their 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 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.T07-003 is added to read as follows:
Sec. 165.T07-003 Safety Zone, Town Creek Channel, Grace Memorial and
Silas Pearman Bridge, Charleston, SC.
(a) Regulated area. The Coast Guard is establishing a temporary
safety zone around the Grace Memorial and Silas Pearman Bridges on the
Cooper River on Hog Island Reach, in the City of Charleston and Mt.
Pleasant, SC. The safety zone includes all waters within the area
bounded by an imaginary line connecting the following coordinates:
32[deg]48.566' N, 079[deg]55.211' W to 32[deg]48.389' N,
079[deg]54.256' W to
[[Page 3007]]
32[deg]47.824' N, 079[deg]54.401' W thence to 32[deg]47.994' N,
079[deg]55.359' 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, entering, anchoring, mooring or transiting
in the Regulated Area is prohibited, except as provided for herein, or
unless authorized by the Coast Guard Captain 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) 724-7616.
(d) Enforcement Period. This regulation will only be enforced at
times immediately preceding an explosive detonation on the Grace
Memorial or Silas Pearman Bridges, and for a short period after the
detonation during debris removal operations. Coast Guard Sector
Charleston will announce the start date and expected duration of each
enforcement period through broadcast notice to mariners, marine safety
information bulletins, through local media press releases and on-scene
patrol assets. Additionally, anyone wishing to inquire as to the status
of the safety zone may contact Coast Guard Sector Charleston at (843)
724-7616.
(e) Dates. This rule is effective from 7:30 a.m. EDT on January 15,
2006 until 8:01 a.m. EDT on December 31, 2006.
Dated: January 6, 2006.
John E. Cameron,
Captain, U.S. Coast Guard, Captain of the Port Charleston, SC.
[FR Doc. 06-499 Filed 1-18-06; 8:45 am]
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