[Federal Register Volume 69, Number 154 (Wednesday, August 11, 2004)]
[Rules and Regulations]
[Pages 48790-48791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18294]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Charleston-04-100]
RIN 1625-AA87


Security Zones; Charleston Harbor, Cooper River, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary fixed security 
zone in the waters from the Don Holt, I-526 Bridge, on the Cooper River 
to the entrance of Foster Creek on the Cooper River. This security zone 
is necessary 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 or her designated representative.

DATES: This regulation is effective from 8 a.m. on July 23, 2004, until 
8 a.m. on December 1, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (COTP Charleston 04-100) and are 
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: LTJG Matthew Meskun, Coast Guard 
Marine Safety Office Charleston, at (843) 720-3272.

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 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 potential 
subversive acts against vessels, port facilities and infrastructure 
during port embarkation operations. For the security concerns noted, it 
is in the public interest to have these regulations in effect without 
publishing a NPRM. Notifications will be made via marine information 
broadcasts to inform the public about the existence of this security 
zone.
    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 and Pentagon, there is an increased risk that vessels or 
persons in close proximity to the Port of Charleston, South Carolina, 
may engage in subversive or terrorist acts against military 
installations or operations occurring within the security zone. The 
security zone is necessary to protect the safety of life and property 
on navigable waters and prevent potential terrorist threats aimed at 
military installations during strategic embarkation operations. The 
temporary security zone will encompass all waters from 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 (DHS).
    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 or his or her designated representative.

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

[[Page 48791]]

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 have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. Under figure 2-1, paragraph (34)(g), of 
the Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule.

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:

    Authority: 33 U.S.C. 1226, 1231; 50 U.S.C. 191; 33 CFR 1.05-
1(g), 6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.1.


0
2. A new temporary section 165.T-07-100 is added to read as follows:


Sec.  165.T-07-100  Security Zone; Charleston Harbor, Cooper River, 
South Carolina.

    (a) Location. The following is a security zone: All waters of the 
Cooper River, from surface to bottom and bank to bank, from the Don 
Holt I-526 Bridge to the intersection of Foster Creek.
    (b) Regulations. (1) Vessels and persons are prohibited from 
entering, transiting, mooring, anchoring, or loitering within the 
security zone unless authorized by the Captain of the Port Charleston, 
South Carolina or his or her designated representative.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port via VHF-FM channel 16 or by telephone 
(843) 720-3240 to seek permission to transit the area. If permission is 
granted, all persons and vessels must comply with the instructions of 
the Captain of the Port or his or her designated representative.
    (c) Effective Period. This section is effective from 8 a.m. on July 
23, 2004 until 8 a.m. on December 1, 2004.

    Dated: July 23, 2004.
John E. Cameron,
Commander, U. S. Coast Guard, Captain of the Port, Charleston, South 
Carolina.
[FR Doc. 04-18294 Filed 8-10-04; 8:45 am]
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