[Federal Register Volume 68, Number 250 (Wednesday, December 31, 2003)]
[Rules and Regulations]
[Pages 75425-75427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32079]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Charleston-03-171]
RIN 1625-AA00


Security Zones; Charleston Harbor, Cooper River, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a temporary fixed security 
zone in the waters under the Don Holt I-526 Bridge on the Cooper River 
to the entrance of Foster Creek on the Cooper River. This security zone 
is needed for national security reasons to protect the public and ports 
from potential subversive acts during port embarkation operations. 
Vessels are prohibited from entering, transiting, anchoring, mooring, 
or loitering within this zone, unless specifically authorized by the 
Captain of the Port, Charleston, South Carolina or his designated 
representative.

DATES: This regulation is effective from 8 a.m. on December 10, 2003, 
until 8 a.m. on June 1, 2004. Comments and related material must reach 
the Coast Guard on or before March 30, 2004.

ADDRESSES: You may mail comments and related material to Coast Guard 
Marine Safety Office Charleston, 196 Tradd Street, Charleston, South 
Carolina 29401. Coast Guard Marine Safety Office Charleston maintains 
the public docket for this rulemaking. 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 03-171), 
will become part of this docket and will be available for inspection or 
copying at Marine Safety Office Charleston, between 7:30 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Kevin Floyd, Coast Guard Marine 
Safety Office Charleston, at (843) 720-3272.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD07-03-
171), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. The Coast Guard 
is especially interested in comments concerning the size and boundaries 
of this security zone and any economic impact this rule may have on you 
.
    Please submit all comments and related material in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying. If 
you would like to know they reached us, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this rule in 
view of them.

Good Cause

    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing a Notice of Proposed Rulemaking (NPRM). 
Publishing an NPRM would be contrary to public safety interests and 
national security. These regulations are needed to protect the public, 
the ports and waterways and the national security of the United States 
from the potential of subversive acts against vessels and port 
facilities and infrastructure during port embarkation operations 
occurring within the security zone. For the security concerns noted, it 
is in the public interest to have these regulations in effect during 
the port embarkation operations. In addition, notifications will be 
made via marine information broadcasts.
    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 attack on the World 
Trade Center in New York and the Pentagon in Arlington, Virginia, there 
is an increased risk that subversive terrorist activity could be 
launched by vessels or persons in close proximity to the Port of 
Charleston, South Carolina, against military installations or 
operations occurring within the security zone. This temporary security 
zone is necessary to protect the safety of life and property on the 
navigable waters, prevent potential terrorist threats aimed at military

[[Page 75426]]

installations during strategic port of embarkation operations occurring 
within the security zone. The temporary security zone will encompass 
all waters under the Don Holt I-526 Bridge over the Cooper River to the 
entrance of Foster Creek on the Cooper River.

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 Homeland 
Security.
    We expect the economic impact of this rule to be so minimal so that 
a full Regulatory Evaluation under the regulatory policies and 
procedures of DHS is unnecessary. The limited geographic area impacted 
by the security zone will not restrict the movement or routine 
operation of commercial or recreational vessels through the Port of 
Charleston. Also, an individual may request a waiver of these 
regulations from the Coast Guard Captain of the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic effect 
on 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 because the limited geographic area encompassed by the 
security zone will not restrict the movement or routine operation of 
commercial or recreational vessels through the Port of Charleston. 
Also, an individual may request a waiver of these regulations from the 
Coast Guard Captain of the Port of Charleston.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business and you have questions concerning 
its provisions or options for compliance, please contact the person 
listed under FOR FURTHER INFORMATION CONTACT.
    Small businesses may also 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 Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates 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 of 1995 (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. Although this rule will not result in such 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.

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 create 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 that order because it is not a ``significant 
regulatory 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.

Environment

    We considered the environmental impact of this rule and concluded 
that, under Figure 2-1, paragraph 34(g) of Commandant Instruction 
M16475.lD, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
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

0
1. The authority citation for part 165 continues to read as follows:


[[Page 75427]]


    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

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2. A new temporary Sec.  165.T07-171 is added to read as follows:


Sec.  165.T07-171  Security Zone; Charleston Harbor, Cooper River, 
South Carolina.

    (a) Regulated area. The Coast Guard is establishing a temporary 
fixed security zone on all waters of the Cooper River, from bank to 
bank, under the Don Holt I-526 Bridge to the entrance of Foster Creek.
    (b) Regulations. In accordance with the general regulations Sec.  
165.33 of this part, vessels are prohibited from entering, transiting, 
mooring, anchoring, or loitering within this zone unless specifically 
authorized by the Captain of the Port Charleston, South Carolina or his 
designated representative.
    (c) Effective period. This section is effective from 8 a.m. on 
December 10, 2003, until 8 a.m. on June 1, 2004.

    Dated: December 1, 2003.
Gary W. Merrick,
Commander, U. S. Coast Guard, Captain of the Port.
[FR Doc. 03-32079 Filed 12-30-03; 8:45 am]
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