[Federal Register Volume 70, Number 4 (Thursday, January 6, 2005)]
[Rules and Regulations]
[Pages 1187-1189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-231]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Charleston 04-145]
RIN 1625-AA87


Security Zones; Charleston Harbor, Cooper River, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a temporary fixed security 
zone in the waters from the Don Holt, I-526 Bridge, on the Cooper River 
to the entrance of Foster Creek on the Cooper River. This security zone 
is necessary to protect the public and port from potential subversive 
acts during port

[[Page 1188]]

embarkation operations. Vessels are prohibited from entering, 
transiting, anchoring, mooring, or loitering within this zone, unless 
specifically authorized by the Captain of the Port, Charleston, South 
Carolina, or the Captain of the Port's designated representative.

DATES: This rule is effective from 8 a.m. on December 16, 2004, through 
8 a.m. on June 1, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP Charleston 04-145 and are available 
for inspection or copying at Marine Safety Office Charleston, between 
7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Matthew Meskun, Coast Guard 
Marine Safety Office Charleston, at (843) 720-3272.

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 would be 
contrary to public safety interests and national security. These 
regulations are needed to protect the public, the ports and waterways 
and the national security of the United States from potential 
subversive acts against vessels, port facilities and infrastructure 
during port embarkation operations. For the security concerns noted, it 
is in the public interest to have these regulations in effect without 
publishing an NPRM. Notifications will be made via marine information 
broadcasts to inform the public about the existence of this security 
zone.
    For the same reasons, the Coast Guard finds that good cause exists 
for making this rule effective less than 30 days after publication in 
the Federal Register.

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (COTP 
Charleston-04-145), indicate the specific section of this document to 
which each comment applies, and give the reason for each comment. 
Please submit all comments and related material in an unbound format, 
no larger than 8\1/2\ by 11 inches, suitable for copying. If you would 
like to know they reached us, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this rule in view of 
them.

Background and Purpose

    Based on the September 11, 2001, terrorist attacks on the World 
Trade Center and Pentagon, there is an increased risk that vessels or 
persons in close proximity to the Port of Charleston, South Carolina, 
may engage in subversive or terrorist acts against military 
installations or operations occurring within the security zone. The 
security zone is necessary to protect the safety of life and property 
on navigable waters and prevent potential terrorist threats aimed at 
military installations during strategic embarkation operations. The 
temporary security zone will encompass all waters from the Don Holt I-
526 Bridge over the Cooper River to the entrance of Foster Creek on the 
Cooper River.

Discussion of Rule

    The Charleston Captain of the Port will enforce the security zone 
on the Cooper River from time to time during the effective period in 
the interest of national security. Vessels carrying cargo for the 
Department of Defense need a level of security which requires the 
Cooper River to be closed to all traffic for short periods of time. 
River closures will be infrequent and for relatively short periods of 
time. Mariners will be given as much advance notice as possible. Marine 
Safety Office Charleston will notify the maritime community of periods 
during which this security zone will be enforced via a broadcast notice 
to mariners on VHF Marine Band Radio, Channel 16 (156.8 MHz), Marine 
Safety Information Bulletins, or by having those security assets 
enforcing the zone inform vessel traffic as necessary.

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).
    The limited geographic area impacted by the security zone will not 
restrict the movement or routine operation of commercial or 
recreational vessels through the Port of Charleston. Also, an 
individual may request a waiver of these regulations from the Coast 
Guard Captain of the Port or the Captain of the Port's designated 
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. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit a portion of the Cooper River while the security zone is in 
effect.
    This security zone will not have a significant economic impact on a 
substantial number of small entities because it will only be enforced 
for short periods of time on an infrequent basis. Advanced notice will 
be provided to mariners in order to accommodate for any enforcement of 
the security zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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

[[Page 1189]]

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. This rule fits within paragraph (34)(g) 
because it is a security zone. Under figure 2-1, paragraph (34)(g), of 
the Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule.

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. Chapter 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 section 165.T07-100 is added to read as follows:


Sec.  165.T07-145  Security Zone; Charleston Harbor, Cooper River, 
South Carolina

    (a) Regulated area. The Coast Guard is establishing a temporary 
fixed security zone on all waters of the Cooper River, bank-to-bank, 
from the Don Holt I-526 Bridge to the intersection of Foster Creek at a 
line on 32 degrees 58 minutes North Latitude.
    (b) Regulations. Vessels or persons are prohibited from entering, 
transiting, mooring, anchoring, or loitering within the Regulated Area 
unless authorized by the Captain of the Port Charleston, South Carolina 
or his or her designated representative. Persons desiring to transit 
the area of the security zone may contact the Captain of the Port via 
VHF-FM channel 16 or by telephone (843) 720-3240 to seek permission to 
transit the area. If permission is granted, all persons and vessels 
must comply with the instructions of the Captain of the Port or his or 
her designated representative.
    (c) Effective period. This section is effective from 8 a.m. on 
December 16, 2004, until 8 a.m. on June 1, 2005.

    Dated: December 16, 2004.
David Murk,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port, 
Charleston, South Carolina.
[FR Doc. 05-231 Filed 1-5-05; 8:45 am]
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