[Federal Register Volume 67, Number 21 (Thursday, January 31, 2002)]
[Rules and Regulations]
[Pages 4665-4667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2357]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Charleston-01-128]
RIN 2115-AA97


Security Zones; Ports of Charleston and Georgetown, 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 Ports of Charleston and 
Georgetown, South Carolina. 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 
Ports of Charleston and Georgetown, South Carolina. 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

[[Page 4666]]

Carolina or his designated representative.

DATES: This regulation is effective from 4 a.m. on October 15, 2001 
through 11:59 p.m. on June 15, 2002.

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 01-128] 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.

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 
this rule's 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 Ports of 
Charleston and Georgetown, 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.
    The security zone for the Port of Charleston is activated when a 
subject vessel passes the Charleston entrance lighted whistle buoy C, 
at approximate position 32 deg.39.36' N, 79 deg.40.54' W. The security 
zone for the Port of Georgetown is activated when a subject vessel 
passes the lighted whistle buoy WB, at approximate position 
33 deg.11.36' N, 79 deg.05.12' W. The zone for a vessel is deactivated 
when the vessel passes these buoys on its departure from port.
    The Captain of the Port will notify the public via Marine Safety 
Radio Broadcast on VHF Marine Band Radio, Channel 22 (157.1 MHz) of all 
active security zones in the ports by identifying the names of the 
vessels around which the zones are centered. Entry into these security 
zones is prohibited, unless specifically authorized by the Captain of 
the 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) because vessels may be allowed 
to enter this temporary zone on a case by case basis with the 
authorization of the Captain of the Port.

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.

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 has considered the environmental impact of this 
rule and will prepare a categorical exclusion determination pursuant to 
Figure 2-1,

[[Page 4667]]

paragraph 34(g) of Commandant Instruction M16475.1D.

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--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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.T07-128 is added to read as follows:


Sec. 165.T07-128  Security Zone; Ports of Charleston and Georgetown, 
South Carolina.

    (a) Regulated area. (1) 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 
ports of Charleston and Georgetown, South Carolina. These security 
zones are activated when a subject vessel passes: Charleston entrance 
lighted whistle buoy C, at approximate position 32 deg.39.36' N, 
79 deg.40.54' W when entering the Port of Charleston; lighted whistle 
buoy WB, at approximate position 33 deg.11.36' N, 79 deg.05.12' W when 
entering the Port of Georgetown.
    (2) Temporary fixed security zones are established 100 yards around 
all tank vessels, passenger vessels and military pre-positioned ships 
docked in the Ports of Charleston and Georgetown, 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 October 15, 
2001 and will terminate at 11:59 p.m. on June 15, 2002.

    Dated: October 15, 2001.
G.W. Merrick,
Commander, Coast Guard, Captain of the Port.
[FR Doc. 02-2357 Filed 1-30-02; 8:45 am]
BILLING CODE 4910-15-U