[Federal Register Volume 66, Number 189 (Friday, September 28, 2001)]
[Rules and Regulations]
[Pages 49533-49534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24425]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Charleston-01-101]
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 closing a section of the Cooper River in 
the vicinity of U.S. Naval Weapons Station, Charleston, SC, to all 
vessel traffic until further notice. This security zone is needed for 
national security reasons following the recent events in New York City, 
Washington DC and Western Pennsylvania. Entry into this zone is 
prohibited, unless specifically authorized by the Captain of the Port, 
Charleston, South Carolina or his designated representative.

DATES: This regulation becomes effective at 12 noon on September 19, 
2001 and will terminate at 12 noon on December 17, 2001.

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 1-101] 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: LTJG Erin Healey, 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. Because of the events described 
below, 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

    The Coast Guard is closing a section of the Cooper River in the 
vicinity of U.S. Naval Weapons Station, Charleston, SC, to all vessel 
traffic until further notice to protect the significant national 
security interests in this area. The Captain of the Port Charleston has 
closed the Cooper River to all vessel traffic from Cooper River Lighted 
Buoy 62 (LLNR 2930) in the vicinity of the entrance to Goose Creek to 
Cooper River Light 87 (LLNR 3135) near the entrance to Foster Creek 
until further notice. Goose Creek is also closed until further notice.
    This security zone is needed for national security reasons 
following the recent terrorist attacks in New York City, Washington, DC 
and Western Pennsylvania, particularly the attack on United States 
military interests in Washington, DC. There will be Coast Guard and 
naval 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.
    The Coast Guard has met with members of the waterway community to 
discuss this closure. Vessels may be allowed to enter the zone with the 
authorization of the Coast Guard Captain of the Port. Vessels wishing 
to transit the security zone are encouraged to contact the Captain of 
the Port as soon as possible to request this authorization. This 
security zone only slightly extends the existing restricted area for 
this facility found in 33 CFR 334.460.

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.
    This rule may 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 in the vicinity of U.S. Naval Weapons 
Station, Charleston, SC. The Coast Guard preliminary review indicates 
this temporary rule will not have a significant economic impact on a 
substantial number of small entities under 5 U.S.C. 605(b) 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

[[Page 49534]]

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.

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 preliminary review indicates this temporary rule is 
categorically excluded from further environmental documentation under 
Figure 2-1, paragraph 34(g) of Commandant Instruction M16475.lD. The 
environmental analysis and Categorical Exclusion Determination will be 
prepared and submitted after establishment of this temporary security 
zone, and will be available in the docket. This temporary rule protects 
the Navy facility, the public, and the waterways of the United States. 
The Categorical Exclusion Determination will be made available in the 
docket for inspection or copying where indicated under ADDRESSES.

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.T07-101 is added to read as follows:


Sec. 165.T07-101  Security Zone; Cooper River, Charleston, South 
Carolina.

    (a) Regulated Area. The following closed waters are encompassed in 
the security zone for this section: Captain of the Port Charleston, 
South Carolina has closed the Cooper River to all vessel traffic from 
Cooper River Lighted Buoy 62 (LLNR 2930) in the vicinity of the 
entrance to Goose Creek to Cooper River Light 87 (LLNR 3135) near the 
entrance to Foster Creek. Goose Creek is also closed.
    (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 of any changes in the status of this zone by 
Marine Safety Radio Broadcast on VHF Marine Band Radio, Channel 13 and 
16 (157.1 MHz).
    (c) Dates. This section becomes effective at 12 noon on September 
19, 2001 and will terminate at 12 noon on December 17, 2001. The Coast 
Guard will publish a separate document in the Federal Register 
announcing any earlier termination of this rule.

    Dated: September 19, 2001.
G. W. Merrick,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-24425 Filed 9-27-01; 8:45 am]
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