[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)]
[Rules and Regulations]
[Pages 68155-68156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32837]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Charleston 96-034]
RIN 2115-AA97
Safety/Security Zone Regulations; Charleston Harbor and Cooper
River, SC
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a moving safety/security zone
around vessels transporting nuclear materials in Charleston Harbor and
the Cooper River. Each zone will 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 will 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.
EFFECTIVE DATE: January 27, 1997.
FOR FURTHER INFORMATION: Lieutenant Jeffrey T. Carter, Project Manager,
Coast Guard Marine Safety Office Charleston at (803) 724-7680.
SUPPLEMENTARY INFORMATION:
Regulatory History
On September 11, 1996, the Coast Guard published a notice of
proposed rulemaking entitled SAFETY/SECURITY ZONE REGULATIONS;
Charleston Harbor and Cooper River, SC in the Federal Register (61 FR
47839). The Coast Guard received no letters commenting on the proposal.
A public hearing was not requested and one was not held.
Background and Purpose
The Coast Guard is establishing 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.
[[Page 68156]]
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 the Cooper River.
The safety/security zone will 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 will remain in effect during cargo operations while the vessel is
moored at the Naval Weapons Station. Entry into this zone is prohibited
during vessel transit (which includes any emergency anchorage or
mooring) and cargo transfer operations, unless authorized by Captain of
the Port Charleston.
The actual dates this safety/security zone will 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 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 rule 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), because of the small number of vessels needing the
safety/security zone and the minimal impact on navigation and commerce.
No changes have been made to the proposed regulatory text.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
economic impact on a substantial number of small entities. This rule is
not significant and the number of small entities is not substantial
because of the small number of vessels needing the safety/security zone
and the minimal impact on navigation and commerce. Therefore, 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.
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 rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this 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.2 of Commandant
Instruction M16475.1B, (as revised by 59 FR 38654, July 29, 1994), that
this rule is categorically excluded from further environmental
documentation. In accordance with this instruction section
2.B.2.e.34.(g), a Categorical Exclusion Determination and Environmental
Analysis Checklist was prepared. Both documents are available in the
docket for inspection and copying.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final Regulations
For reasons set forth in the preamble, the Coast Guard amends
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 Sec. 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 and security 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 32-39.6N, 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/security zones described in paragraph (a) of this section by
Broadcast Notice to Mariners. The general regulations governing safety
and security zones contained in Secs. 165.23 and 165.33 apply.
Dated: November 27, 1996.
M. J. Pontiff,
Commander, U.S. Coast Guard, Captain of the Port, Charleston, South
Carolina.
[FR Doc. 96-32837 Filed 12-26-96; 8:45 am]
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