[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)]
[Rules and Regulations]
[Pages 68155-68156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32837]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Charleston 96-034]
RIN 2115-AA97


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a moving safety/security zone 
around vessels transporting nuclear materials in Charleston Harbor and 
the Cooper River. Each zone will 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 will 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.

EFFECTIVE DATE: January 27, 1997.

FOR FURTHER INFORMATION: Lieutenant Jeffrey T. Carter, Project Manager, 
Coast Guard Marine Safety Office Charleston at (803) 724-7680.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On September 11, 1996, the Coast Guard published a notice of 
proposed rulemaking entitled SAFETY/SECURITY ZONE REGULATIONS; 
Charleston Harbor and Cooper River, SC in the Federal Register (61 FR 
47839). The Coast Guard received no letters commenting on the proposal. 
A public hearing was not requested and one was not held.

Background and Purpose

    The Coast Guard is establishing 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.

[[Page 68156]]

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 the Cooper River.
    The safety/security zone will 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 will remain in effect during cargo operations while the vessel is 
moored at the Naval Weapons Station. Entry into this zone is prohibited 
during vessel transit (which includes any emergency anchorage or 
mooring) and cargo transfer operations, unless authorized by Captain of 
the Port Charleston.
    The actual dates this safety/security zone will 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 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 rule 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), because of the small number of vessels needing the 
safety/security zone and the minimal impact on navigation and commerce. 
No changes have been made to the proposed regulatory text.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. This rule is 
not significant and the number of small entities is not substantial 
because of the small number of vessels needing the safety/security zone 
and the minimal impact on navigation and commerce. Therefore, 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.

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 rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this 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.2 of Commandant 
Instruction M16475.1B, (as revised by 59 FR 38654, July 29, 1994), that 
this rule is categorically excluded from further environmental 
documentation. In accordance with this instruction section 
2.B.2.e.34.(g), a Categorical Exclusion Determination and Environmental 
Analysis Checklist was prepared. Both documents are available in the 
docket for inspection and copying.

List of Subjects in 33 CFR Part 165

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

Final Regulations

    For reasons set forth in the preamble, the Coast Guard amends 
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 Sec. 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 and security 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 32-39.6N, 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/security zones described in paragraph (a) of this section by 
Broadcast Notice to Mariners. The general regulations governing safety 
and security zones contained in Secs. 165.23 and 165.33 apply.

    Dated: November 27, 1996.
M. J. Pontiff,
Commander, U.S. Coast Guard, Captain of the Port, Charleston, South 
Carolina.
[FR Doc. 96-32837 Filed 12-26-96; 8:45 am]
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