[Federal Register Volume 71, Number 101 (Thursday, May 25, 2006)]
[Rules and Regulations]
[Pages 30062-30064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8073]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Charleston 06-003]
RIN 1625-AA00


Safety Zone; Cooper River, Hog Island Channel, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Hog Island Reach on the Cooper River, for 
demolition of the Grace Memorial and Silas Pearman Bridges and 
associated recovery operations. The temporary safety zone includes all 
waters within the area bounded by the following coordinates: 
32[deg]48.566' N, 079[deg]55.211' W to 32[deg]48.389' N, 
079[deg]54.256' W to 32[deg]47.824' N, 079[deg]54.401' W thence to 
32[deg]47.994' N, 079[deg]55.359' W. This rule prohibits entry, 
anchoring, mooring, or transiting within the temporary safety zone 
without the permission of the Captain of the Port Charleston or his 
designated representative. This regulation is necessary to protect life 
and property on the navigable waters of the Cooper River from the 
dangers associated with the demolition and recovery of these bridges.

DATES: The rule is effective from 7:30 a.m. on May 25, 2006 through 
8:01 a.m. on December 31, 2006.

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 docket [COTP Charleston 06-003] and are available for 
inspection or copying at Coast Guard Sector Charleston (WWM), 196 Tradd 
Street, Charleston, South Carolina 29401 between 7:30 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer James J. McHugh, 
Sector Charleston Office of Waterways Management, at (843) 724-7647.

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 an NPRM. Publishing an NPRM, which 
would incorporate a comment period before a final rule could be issued 
and delay the effective date, would be contrary to the public interest 
because immediate action is needed to protect the public and waters of 
the United States.
    For the same reason, 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. A Coast Guard patrol 
vessel will be on scene for the duration of the effective period to 
notify mariners of the restriction.

Background and Purpose

    The demolition and removal of the Grace Memorial and Silas Pearman 
Bridges is an on-going operation that will continue throughout the 
year. This operation will require several explosive detonations to 
remove the steel trusses and supporting columns for the two bridges. 
These detonations present a direct danger to mariners transiting in the 
vicinity of the bridges on Hog Island Reach on the Cooper River. At 
this time, the detonation schedule can not be exactly determined, 
however Coast Guard Sector Charleston expects to receive two weeks 
notice, at maximum, from the contractor before any detonation will 
occur.
    The purpose of this temporary safety zone is to protect mariners 
from the demolition and recovery operations. While the effective period 
for this zone extends from May 25, 2006 to December 31, 2006, the zone 
will only be activated and enforced immediately preceding a detonation, 
and for a short duration following a detonation to allow for the safe 
removal of debris. Upon receiving notice from the contractor that a 
detonation will occur, Coast Guard Sector Charleston will notify the 
public of the date and time the safety zone will be enforced and when 
enforcement will stop. While the safety zone is being enforced, 
mariners may request permission to transit through the zone by 
contacting the U.S. Coast Guard via VHF-FM channel 16 or by phone at 
(843) 724-7616. Mariners and the general public may also contact the 
Coast Guard to request information on the status of the safety zone, 
including whether it is currently enforced and when the next 
enforcement period will be.

Discussion of Rule

    This rule creates a temporary safety zone around the Grace Memorial 
and Silas Pearman Bridges on Hog Island Reach, and includes all waters 
within the area bounded by the following coordinates: 32[deg]48.566' N, 
079[deg]55.211' W to 32[deg]48.389' N, 079[deg]54.256' W to 
32[deg]47.824' N, 079[deg]54.401' W thence to 32[deg]47.994' N, 
079[deg]55.359' W. This zone

[[Page 30063]]

will only be enforced immediately preceding a detonation, and for a 
short time following a detonation while debris is removed. These 
enforcement periods will be announced by Coast Guard Sector Charleston 
through broadcast notice to mariners, marine safety information 
bulletins, and through local media press releases. While the zone is 
enforced, persons and vessels may not enter or remain in the zone 
without the prior permission of the Captain of the Port Charleston or 
designated representative.

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. The rule is not a significant regulatory 
action because the safety zone will only be enforced for a short 
duration before and after detonations on the bridge, the impact on 
routine navigation is expected to be minimal, commercial marine traffic 
will still be able to safely transit around the temporary safety zone 
by using the Town Creek Channel, and vessels may be allowed to enter 
the zone after obtaining the permission of the COTP or their 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 impact 
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. The owners and operators of vessels who wish to navigate 
through Hog Island Reach may be impacted by this rule. This impact will 
not be significant because the safety zone will only be enforced for a 
short duration before and after detonations on the bridge, the impact 
on routine navigation is expected to be minimal, commercial marine 
traffic will still be able to safely transit around the temporary 
safety zone by using the Town Creek Channel, and vessels may be allowed 
to enter the zone after obtaining the permission of the COTP or their 
designated representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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. Small 
entities may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking.
    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 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 under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications 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 affect 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 relationship 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or

[[Page 30064]]

adopted by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
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. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' will be 
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, subpart C 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; 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.


0
2. Add temporary Sec.  165.T07-003 is added to read as follows:


Sec.  165.T07-003  Safety Zone, Hog Island Channel, Grace Memorial and 
Silas Pearman Bridges, Charleston, SC.

    (a) Regulated area. The Coast Guard is establishing a temporary 
safety zone around the Grace Memorial and Silas Pearman Bridges on the 
Cooper River on Hog Island Reach, in the City of Charleston and Mt. 
Pleasant, SC. The following area is a safety: All waters within the 
area bounded by the following coordinates: 32[deg]48.566' N, 
079[deg]55.211' W to 32[deg]48.389' N, 079[deg]54.256' W to 
32[deg]47.824' N, 079[deg]54.401' W thence to 32[deg]47.994' N, 
079[deg]55.359' W.
    (b) Definitions. The following definitions apply to this section:
    Designated representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and federal, state, and local officers 
designated by or assisting the Captain of the Port (COTP) Charleston in 
the enforcement of the regulated area.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entering, anchoring, mooring or transiting 
in the Regulated Area is prohibited, except as provided for herein, or 
unless authorized by the Coast Guard Captain of the Port Charleston, 
South Carolina, or his designated representative. Persons and vessels 
may request permission to enter the safety zone on VHF-FM channel 16 or 
via phone at (843) 724-7616.
    (d) Enforcement Period. This regulation will only be enforced at 
times immediately preceding an explosive detonation on the Grace 
Memorial or Silas Pearman Bridges, and for a short period after the 
detonation during debris removal operations. Coast Guard Sector 
Charleston will announce the start date and expected duration of each 
enforcement period through broadcast notice to mariners, marine safety 
information bulletins, through local media press releases and on-scene 
patrol assets. Additionally, anyone wishing to inquire as to the status 
of the safety zone may contact Coast Guard Sector Charleston at (843) 
724-7616.
    (e) Dates. This rule is effective from 7:30 a.m. EDT on May 25, 
2006 until 8:01 a.m. EDT on December 31, 2006.

    Dated: January 6, 2006.
John E. Cameron,
Captain, U.S. Coast Guard, Captain of the Port Charleston, SC.
 [FR Doc. E6-8073 Filed 5-24-06; 8:45 am]
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