[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Proposed Rules]
[Pages 47839-47840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23246]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
Coast Guard
[COTP Charleston 96-034]
RIN 2115-AA97
Safety Security Zone Regulations; Charleston Harbor and Cooper
River, SC
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a moving safety security
zone around vessels transporting nuclear materials in Charleston Harbor
and the Cooper River. Each zone would extend 200 yards ahead and
astern, and 100 yards to each side of vessels carrying the nuclear
materials, during transit from the Charleston Harbor Entrance to the
Charleston Naval Weapons Station on the Cooper River. The zone would
remain in effect during cargo operations while the vessel is moored at
the Naval Weapons Station. This safety security zone is needed to
protect the transport vessels from potential protests and
demonstrations by organizations that may attempt to disrupt shipments,
while transiting Charleston Harbor and the Cooper River.
DATES: Comments must be received on or before November 12, 1996.
ADDRESSES: Comments should be mailed to Commanding Officer, Marine
Safety Office Charleston, 196 Tradd Street, Charleston, South Carolina
29401-1899. Comments will be available for inspection and copying at
this address between 7:30 a.m. and 4 p.m., Monday through Friday,
except federal holidays. Comments may also be hand-delivered to this
address. The telephone number is (803) 720-7701.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Jeffrey T. Carter, Project Officer, Coast Guard Marine
Safety Office Charleston, at (803) 720-7701.
SUPPLEMENTARY INFORMATION:
Request for Comments
Interested persons are invited to participate in this rulemaking by
submitting written views, data or arguments. Persons submitting
comments should include their names and addresses, identifying this
notice [COTP CHARLESTON 96-034] and the specific section of the
proposal to which their comments apply, and give reasons for each
comment. Receipt of comments will be acknowledged if a stamped self-
addressed postcard or envelope is enclosed. All comments received
before the expiration of the comment period will be considered before
final action is taken on this proposal. The proposed rule may be
changed in light of comments received.
No public hearing is planned, but one may be held if written
requests for a hearing are received and determined that the opportunity
to make oral presentations will aid the rulemaking process.
Discussion of Proposed Regulations
The Coast Guard proposes to establish a moving safety security zone
around vessels transporting certain nuclear materials in Charleston
Harbor and the Cooper River. As part of a major national security
objective to prevent the spread of nuclear weapons worldwide, the U.S.
Department of Energy will be receiving shipments of foreign research
reactor spent nuclear fuel rods through the Charleston Naval Weapons
Station. These shipments will take place over a 13 year period.
Protests and demonstrations during shipments through U.S. ports of
nuclear materials, such as spent fuel rods, would place the safe
navigation of the transport vessels at risk. This moving safety
security zone is needed to protect the transport vessels from the risk
associated with protests and demonstrations while transiting Charleston
Harbor and Cooper River.
The safety security zone would extend 200 yards ahead and astern
and 100 yards to each side of the vessel carrying the nuclear materials
during its transit from Charleston Harbor Entrance Buoy ``C'' (LLNR
1885) to the Charleston Naval Weapons Station on the Cooper River. The
zone would remain in effect during cargo operations while the vessel is
moored at the Naval Weapons Station. Entry into the zone would be
prohibited during vessel transit (which includes any emergency
anchorage or mooring) and cargo transfer operations, unless authorized
by Captain of the Port of Charleston.
The actual dates this safety security zone would be in effect are
not known at this time. The Captain of the Port will announce the
activation of this zone through a Broadcast Notice to Mariners whenever
Captain of the Port Charleston
[[Page 47840]]
receives a firm arrival time. Maritime traffic will not be
significantly impacted because of the expected small number of vessels
needing this safety security zone, and the limited duration of the zone
during transit and cargo operations.
Regulatory Evaluation
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
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). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. Maritime traffic will not be significantly impacted
because of the expected small number of vessels needing this safety
security zone, and the limited duration of the zone during transit and
cargo operations.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. Because of
the small number of vessels needing the safety zone and the minimal
impact on navigation and commerce the Coast Guard certifies under 5
U.S.C. 605(b) that this proposal, if adopted, would not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposed rule does not have sufficient Federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
action and has determined pursuant to Section 2.B.2e.34(g) of
Commandant Instruction M16475.1B that this action is categorically
excluded from further environmental documentation. A Categorical
Exclusion Determination and Environmental Analysis Checklist is
available in the docket for inspection or copying where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulations: In consideration of the foregoing, the Coast
Guard proposes to amend Subpart D of Part 165 of Title 33, Code of
Federal Regulations, as follows:
PART 165--[AMENDED]
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, and 160.5; 49 CFR 1.46.
2. A new section 165.708 is added to read as follows:
Sec. 165.708 Safety/Security Zone; Charleston Harbor and Cooper River,
Charleston, SC.
(a) Regulated area. The following boundaries are established as a
safety zone during specified conditions:
(1) All waters 200 yards ahead and astern and 100 yards to each
side of a vessel transporting nuclear materials while the vessel
transits from Charleston Harbor Entrance Buoy ``C'' (LLNR 1885,
position 32-29.6N, 079-40.9W) to the Charleston Naval Weapons Station
(position 32-55.4N, 079-56.0W) on the Cooper River. All coordinates
referenced use datum: NAD 1983.
(2) All waters within 100 yards of the vessel described in
paragraph (a)(1) of this section while the vessel is conducting cargo
operations at the Charleston Naval Weapons Station.
(b) Captain of the Port Charleston will announce the activation of
the safety zone described in paragraph (a) of this section by Broadcast
Notice to Mariners. The general regulations governing safety zones
contained in Sec. 165.23 and Sec. 165.33 apply.
Dated: August 26, 1996.
M.J. Pontiff,
Commander, U.S. Coast Guard, Captain of the Port, Charleston, South
Carolina.
[FR Doc. 96-23246 Filed 9-10-96; 8:45 am]
BILLING CODE 4910-14-M
