[Federal Register Volume 67, Number 45 (Thursday, March 7, 2002)]
[Rules and Regulations]
[Pages 10327-10329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5466]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Charleston-01-145]
RIN 2115-AA97


Security Zone; Port of Charleston, SC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is continuing for six more months a temporary, 
fixed security zone on the Cooper River in the vicinity of the U.S. 
Naval Weapons Station, Charleston, SC that we established in September 
2001. The continuation of this security zone is needed for national 
security reasons following the recent events in New York City, 
Washington DC and Western Pennsylvania. No person or vessel may enter 
this zone unless specifically authorized by the Captain of the Port, 
Charleston, South Carolina or his designated representative.

DATES: This regulation becomes effective at 12:01 p.m. on December 17, 
2001 and will terminate at 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 1-145] 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 Erin Healey, Coast Guard Marine 
Safety Office Charleston, at (843) 747-7411.

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 the 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 the U.S. Navy will 
place 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

    On September 28, 2001, the Coast Guard published a temporary final 
rule in the Federal Register that established a temporary fixed 
security zone on the Cooper River in the vicinity of the U.S. Naval 
Weapons Station, Charleston, SC, that expires at 12 a.m. (noon) 
December 17, 2001. (66 FR 49533). This rulemaking will continue the 
security zone for six months because it is necessary to protect the 
significant national security interests in this area. The security zone 
encompasses all waters of the Cooper River between the Cooper River 
Lighted Buoy 62 (LLNR 2930) in the vicinity of the entrance to Goose 
Creek and Cooper River Light 87 (LLNR 3135) near the entrance to Foster 
Creek. Goose Creek is also covered by this security zone.
    This security zone is needed for national security reasons 
following the September 11, 2001, terrorist attacks in New York City, 
Washington, DC, and Western Pennsylvania, particularly the attack on 
United States military interests in Washington, DC. Following these 
attacks by well-trained and clandestine terrorists, national security 
and intelligence officials have warned that future terrorists attacks 
are likely. There will be naval patrol vessels on scene to patrol and 
enforce this security zone. Entry into this security zone is prohibited 
unless specifically authorized by the Commanding Officer of Naval 
Weapons Station Charleston or 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 Commanding

[[Page 10328]]

Officer Naval weapons Station Charleston or the Coast Guard Captain of 
the Port. Vessels wishing to transit the security zone are encouraged 
to contact the Commanding Officer Naval weapons Station Charleston or 
the Captain of the Port as soon as possible to request this 
authorization. This security zone continues our slight extension of the 
existing Army Corps of Engineers restricted area for this facility. The 
restricted area is described in section 334.460 of title 33 of the Code 
of Federal Regulations, 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). We expect the economic impact 
of this proposed rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. This rule allows vessels to enter the 
zone upon approval of Commanding Officer Naval Weapons Station 
Charleston, the Captain of the Port, or a Coast Guard commissioned, 
warrant, or petty officer designated by him. Requests will be evaluated 
on a case-by-case basis.

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 Commanding Officer Naval Weapons Station 
Charleston or 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 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. 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.


[[Page 10329]]



    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.T07-145 is added to read as follows:


Sec. 165.T07-145  Security Zone; Cooper River, Charleston, South 
Carolina.

    (a) Regulated area. All waters of the Cooper River 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 including Goose Creek.
    (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 Commanding Officer Naval Weapons Station Charleston 
or 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) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 33 U.S.C. 1226.
    (d) Dates. This section becomes effective at 12:01 p.m. on December 
17, 2001 and will terminate at 11:59 p.m. on June 15, 2002. The Coast 
Guard will publish a separate document in the Federal Register 
announcing any earlier termination of this rule.

    Dated: December 17, 2001.
G.W. Merrick,
Commander, U.S. Coast Guard, Captain of the Port Charleston, SC.
[FR Doc. 02-5466 Filed 3-6-02; 8:45 am]
BILLING CODE 4910-15-U