[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Proposed Rules]
[Pages 47839-47840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23246]


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DEPARTMENT OF TRANSPORTATION

33 CFR Part 165

Coast Guard
[COTP Charleston 96-034]
RIN 2115-AA97


Safety Security Zone Regulations; Charleston Harbor and Cooper 
River, SC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a moving safety security 
zone around vessels transporting nuclear materials in Charleston Harbor 
and the Cooper River. Each zone would extend 200 yards ahead and 
astern, and 100 yards to each side of vessels carrying the nuclear 
materials, during transit from the Charleston Harbor Entrance to the 
Charleston Naval Weapons Station on the Cooper River. The zone would 
remain in effect during cargo operations while the vessel is moored at 
the Naval Weapons Station. This safety security zone is needed to 
protect the transport vessels from potential protests and 
demonstrations by organizations that may attempt to disrupt shipments, 
while transiting Charleston Harbor and the Cooper River.

DATES: Comments must be received on or before November 12, 1996.

ADDRESSES: Comments should be mailed to Commanding Officer, Marine 
Safety Office Charleston, 196 Tradd Street, Charleston, South Carolina 
29401-1899. Comments will be available for inspection and copying at 
this address between 7:30 a.m. and 4 p.m., Monday through Friday, 
except federal holidays. Comments may also be hand-delivered to this 
address. The telephone number is (803) 720-7701.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Jeffrey T. Carter, Project Officer, Coast Guard Marine 
Safety Office Charleston, at (803) 720-7701.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Interested persons are invited to participate in this rulemaking by 
submitting written views, data or arguments. Persons submitting 
comments should include their names and addresses, identifying this 
notice [COTP CHARLESTON 96-034] and the specific section of the 
proposal to which their comments apply, and give reasons for each 
comment. Receipt of comments will be acknowledged if a stamped self-
addressed postcard or envelope is enclosed. All comments received 
before the expiration of the comment period will be considered before 
final action is taken on this proposal. The proposed rule may be 
changed in light of comments received.
    No public hearing is planned, but one may be held if written 
requests for a hearing are received and determined that the opportunity 
to make oral presentations will aid the rulemaking process.

Discussion of Proposed Regulations

    The Coast Guard proposes to establish a moving safety security zone 
around vessels transporting certain nuclear materials in Charleston 
Harbor and the Cooper River. As part of a major national security 
objective to prevent the spread of nuclear weapons worldwide, the U.S. 
Department of Energy will be receiving shipments of foreign research 
reactor spent nuclear fuel rods through the Charleston Naval Weapons 
Station. These shipments will take place over a 13 year period. 
Protests and demonstrations during shipments through U.S. ports of 
nuclear materials, such as spent fuel rods, would place the safe 
navigation of the transport vessels at risk. This moving safety 
security zone is needed to protect the transport vessels from the risk 
associated with protests and demonstrations while transiting Charleston 
Harbor and Cooper River.
    The safety security zone would extend 200 yards ahead and astern 
and 100 yards to each side of the vessel carrying the nuclear materials 
during its transit from Charleston Harbor Entrance Buoy ``C'' (LLNR 
1885) to the Charleston Naval Weapons Station on the Cooper River. The 
zone would remain in effect during cargo operations while the vessel is 
moored at the Naval Weapons Station. Entry into the zone would be 
prohibited during vessel transit (which includes any emergency 
anchorage or mooring) and cargo transfer operations, unless authorized 
by Captain of the Port of Charleston.
    The actual dates this safety security zone would be in effect are 
not known at this time. The Captain of the Port will announce the 
activation of this zone through a Broadcast Notice to Mariners whenever 
Captain of the Port Charleston

[[Page 47840]]

receives a firm arrival time. Maritime traffic will not be 
significantly impacted because of the expected small number of vessels 
needing this safety security zone, and the limited duration of the zone 
during transit and cargo operations.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. Maritime traffic will not be significantly impacted 
because of the expected small number of vessels needing this safety 
security zone, and the limited duration of the zone during transit and 
cargo operations.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. Because of 
the small number of vessels needing the safety zone and the minimal 
impact on navigation and commerce the Coast Guard certifies under 5 
U.S.C. 605(b) that this proposal, if adopted, would not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

    This rule contains no collection-of-information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposed rule does not have sufficient Federalism implications to 
warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
action and has determined pursuant to Section 2.B.2e.34(g) of 
Commandant Instruction M16475.1B that this action is categorically 
excluded from further environmental documentation. A Categorical 
Exclusion Determination and Environmental Analysis Checklist is 
available in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, Waterways.

    Proposed Regulations: In consideration of the foregoing, the Coast 
Guard proposes to amend Subpart D of Part 165 of Title 33, Code of 
Federal Regulations, as follows:

PART 165--[AMENDED]

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A new section 165.708 is added to read as follows:


Sec. 165.708  Safety/Security Zone; Charleston Harbor and Cooper River, 
Charleston, SC.

    (a) Regulated area. The following boundaries are established as a 
safety zone during specified conditions:
    (1) All waters 200 yards ahead and astern and 100 yards to each 
side of a vessel transporting nuclear materials while the vessel 
transits from Charleston Harbor Entrance Buoy ``C'' (LLNR 1885, 
position 32-29.6N, 079-40.9W) to the Charleston Naval Weapons Station 
(position 32-55.4N, 079-56.0W) on the Cooper River. All coordinates 
referenced use datum: NAD 1983.
    (2) All waters within 100 yards of the vessel described in 
paragraph (a)(1) of this section while the vessel is conducting cargo 
operations at the Charleston Naval Weapons Station.
    (b) Captain of the Port Charleston will announce the activation of 
the safety zone described in paragraph (a) of this section by Broadcast 
Notice to Mariners. The general regulations governing safety zones 
contained in Sec. 165.23 and Sec. 165.33 apply.

    Dated: August 26, 1996.
M.J. Pontiff,
Commander, U.S. Coast Guard, Captain of the Port, Charleston, South 
Carolina.
[FR Doc. 96-23246 Filed 9-10-96; 8:45 am]
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