[Federal Register Volume 66, Number 188 (Thursday, September 27, 2001)]
[Rules and Regulations]
[Pages 49287-49288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24238]



[[Page 49287]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Charleston-01-097]
RIN 2115-AA97


Security Zones; Port of Charleston, SC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving security 
zone 100 yards around all tank vessels, passenger vessels and military 
pre-positioned ships entering or departing the Port of Charleston. We 
are also establishing temporary fixed security zones 100 yards around 
all tank vessels, passenger vessels and military pre-positioned ships 
when these vessels are moored in the Port of Charleston. These security 
zones are needed for national security reasons to protect the public 
and ports from potential subversive acts. Entry into these zones is 
prohibited, unless specifically authorized by the Captain of the Port, 
Charleston, South Carolina or his designated representative.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of [COTP Charleston 1-097] and are available for inspection or 
copying at Marine Safety Office Charleston, 196 Tradd Street, 
Charleston, S.C. 29401 between 7:30 a.m. and 4 p.m. Monday through 
Friday, except Federal holidays.

DATES: This regulation is effective from 4 a.m. on September 14, 2001 
through 11:59 p.m. on October 15, 2001.

FOR FURTHER INFORMATION CONTACT: LT James V. 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), the Coast Guard finds that good 
cause exists for not publishing a NPRM. Publishing a NPRM and delaying 
its effective date would be contrary to the public interest since 
immediate action is needed to protect the public, ports and waterways 
of the United States. The Coast Guard will issue a broadcast notice to 
mariners and place Coast Guard vessels in the vicinity of these zones 
to advise mariners of the restriction.
    For the same reasons, 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.

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 Port of 
Charleston, South Carolina, against tank vessels, cruise ships and 
military pre-positioned vessels entering, departing and moored within 
this port. There is a risk that subversive activity could be launched 
by vessels or persons in close proximity to the Port of Charleston, 
South Carolina against tank vessels, cruise ships and military pre-
positioned vessels entering, departing and moored within these ports. 
Military pre-positioned ships are U.S. commercial ships on long-term 
charter to the Military Sealift Command. They are utilized to transport 
military equipment and cargo. There will be Coast Guard and local 
police department patrol vessels on scene to monitor traffic through 
these areas. Entry into these security zones is prohibited, unless 
specifically authorized by the Captain of the Port, Charleston, South 
Carolina.

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 Transportation 
(DOT) (44 FR 11040; February 26, 1979).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule would have a significant economic 
effect upon a substantial number of small entities. ``Small entities'' 
include 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 because small entities may be allowed to enter on a case by 
case basis with the authorization of the Captain of the Port.

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. If the rule 
will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    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 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 requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    A rule has implication 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 an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

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.

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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.

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.

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.

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 relationships 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 Executive Order 12866 and is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. It has not been designated by the Administrator of the Office 
of Information and Regulatory Affairs as a significant energy action. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165, 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, 160.5; 49 CFR 1.46.


    2. A new temporary Sec. 165.T07-097 is added to read as follows:


Sec. 165.T07-097  Security Zone; Port of Charleston, South Carolina.

    (a) Regulated area. Temporary moving security zones are established 
100 yards around all tank vessels, passenger vessels and military pre-
positioned ships during transits entering or departing the port of 
Charleston, South Carolina. Temporary fixed security zones are 
established 100 yards around all tank vessels, passenger vessels and 
military pre-positioned ships docked in the Port of Charleston, South 
Carolina.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, entry into 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 via Marine Safety Radio Broadcast on VHF Marine 
Band Radio, Channel 13 and 16 (157.1 MHz) of all active security zones 
in port by identifying the names of the vessels around which they are 
centered.
    (c) Dates. This section becomes effective at 4 a.m. on September 
14, 2001 and will terminate at 11:59 p.m. on October 15, 2001.

    Dated: September 13, 2001.
G. W. Merrick,
Captain, U. S. Coast Guard, Captain of the Port.
[FR Doc. 01-24238 Filed 9-26-01; 8:45 am]
BILLING CODE 4910-15-P