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Security Zones; Ports of Charleston and Georgetown, SC
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[Federal Register: January 31, 2002 (Volume 67, Number 21)]
[Rules and Regulations]
[Page 4665-4667]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja02-12]
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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