Safety Security Zone Regulations; Charleston Harbor and Cooper River, SC

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]

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