[Federal Register Volume 66, Number 186 (Tuesday, September 25, 2001)]
[Rules and Regulations]
[Pages 48956-48957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23822]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Charleston-01-096]
RIN 2115-AA97


Security Zone; Charleston, SC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: A temporary security zone is being established in the vicinity 
of the U.S. Coast Guard Group Charleston Facility Base on the Ashley 
River in Charleston, South Carolina. This temporary security zone is 
being established to protect U.S. Coast Guard assets. Entry into this 
zone is prohibited unless authorized by the Captain of the Port.

DATES: This rule is effective from 6:30 a.m. (EDT) on September 11, 
2001 through 6:30 a.m. (EDT) on October 15, 2001.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of [COTP Charleston 1-096] and are available for 
inspection or copying at Marine Safety Office Charleston, 196 Tradd 
Street, Charleston, SC 29401 between 7:30 a.m. and 4 p.m. Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT James Mahney, Coast Guard Marine 
Safety Office Charleston, at (843) 724-7686.

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) and 553(d)(3), the Coast Guard 
finds that good cause exists for not publishing an NPRM and making 
these regulations effective less than 30 days after publication in the 
Federal Register. Publishing an NPRM and delaying the effective date 
would be contrary to national security interests since immediate action 
is needed to safeguard from destruction, loss, or injury from sabotage 
or other subversive acts, accidents, or other cause of a similar 
nature.

Background and Purpose

    Based on the September 11, 2001, terrorist attacks on the World 
Trade Center buildings in New York and the Pentagon in Arlington, 
Virginia, there is an increased risk that subversive activity could be 
launched by vessels or persons in close proximity to the U.S. Coast 
Guard Group Charleston Facility Base. This security zone will encompass 
a portion of the Ashley River near this Coast Guard facility. The zone 
encompasses waters 200 yards up river and 700 yards down river from the 
Coast Guard pier, from the facility to the centerline of the channel. 
Buoys, at approximate positions 32 deg.46'45" N, 79 deg.56'91" W, and 
32 deg.46'13" N, 079 deg.56'42" W, mark the length zone. The Coast 
Guard will issue a broadcast notice to mariners regarding this security 
zone and Coast Guard vessels will be on scene strictly enforcing the 
zone.

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. 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 Transportation (DOT) (44 FR 11040, February 26, 
1979). The Coast Guard expects the economic impact of this rule to be 
so minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic effect 
upon 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 as it will only be in effect for a limited time and vessels 
will be able to transit around the zone.

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).

[[Page 48957]]

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the Issuance of Federal Regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect 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 concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environmental

    The Coast Guard considered the environmental impact of this rule 
and concluded under Figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 165

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

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, 160.5; 49 CFR 1.46.

    2. A new temporary Sec. 165.T07-096 is added to read as follows:


Sec. 165.T07-096  Security Zone; U.S. Coast Guard Group Charleston 
Facility, Charleston, South Carolina.

    (a) Location. This security zone will include the area around the 
U.S. Coast Guard Group Charleston Facility. The zone encompasses waters 
of the Ashley River 200 yards up river and 700 yards down river from 
the Coast Guard pier, from the Charleston Facility to the centerline of 
the channel. Buoys, at approximate positions 32 deg.46'45" N, 
79 deg.56' 91" W, and 32 deg.46'13" N, 79 deg.56'42" W, mark the length 
of the zone. The Coast Guard will issue a broadcast notice to mariners 
and Coast Guard vessels will be on scene strictly enforcing this 
security zone.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, entry into and movement within this zone is 
prohibited except as authorized by the Captain of the Port, or a Coast 
Guard commissioned, warrant, or petty officer designated by him. The 
Captain of the Port will notify the public of any changes in the status 
of this zone by Marine Safety Radio Broadcast on VHF FM Marine Band 
Radio, Channel 13 or 16.
    (c) Dates. This section is effective from 6:30 a.m. (EDT) on 
September 11, 2001 through 4 p.m. (EDT) on October 15, 2001.

    Dated: September 11, 2001.
G.W. Merrick,
Commander, U.S. Coast Guard, Captain of the Port, Charleston, South 
Carolina.
[FR Doc. 01-23822 Filed 9-24-01; 8:45 am]
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