[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Pages 11126-11128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04286]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0040]
RIN 1625-AA87


Safety Zone; Cooper River Bridge Run, Cooper River, and Town 
Creek Reaches, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard will establish a safety zone on the waters of 
Cooper River, and Town Creek Reaches in Charleston, South Carolina 
during the Cooper River Bridge Run on March 28, 2015 from 7:30 a.m. to 
10:30 a.m. The Cooper River Bridge Run is a 10K run across the Arthur 
Ravenal Bridge. The safety zone is necessary for the safety of the 
runners and the general public during this event. Persons and vessels 
will be prohibited from entering, transiting through, anchoring in, or 
remaining within the safety zone unless authorized by the Captain of 
the Port Charleston or a designated representative.

DATES: This rule is effective on March 28, 2015 and will be enforced 
from 7:30 a.m. to 10:30 a.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0040. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Chief Warrant Officer Christopher Ruleman, Sector 
Charleston Waterways Management, U.S. Coast Guard; telephone (843) 740-
3184, email [email protected]. If you have questions on 
viewing the docket, call Cheryl Collins, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard did not receive 
necessary information about the event until January 23, 2015. As a 
result, the Coast Guard did not have sufficient time to publish an NPRM 
and to receive public comments prior to the event. Any delay in the 
effective date of this rule would be contrary to the public interest 
because immediate action is needed to minimize potential danger to the 
race participants, spectators and the general public. For the same 
reason, the Coast Guard finds under 5 U.S.C. 552 for good cause that 
the rule should take effect in less than 30 days from publication in 
the Federal Register.

B. Basis and Purpose

    (a) The legal basis for this rule is the Coast Guard's authority to 
establish regulated safety zones and other limited access areas: 33 
U.S.C. 1231; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department of 
Homeland Security Delegation No. 0170.
    (b) The purpose of the rule is to ensure the safety of the runners, 
and the general public during the Cooper River Bridge Run.

C. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The economic impact of 
this rule is not significant for the following reasons: (1) The safety 
zone will only be enforced for a total of three hours; (2) although 
persons and vessels may not enter, transit through, anchor in, or 
remain within the safety zone without authorization from the Captain of 
the Port Charleston or a designated representative, they may operate in 
the surrounding area during the enforcement period; and (3) the Coast 
Guard will provide advance notification of the safety zone to the local 
maritime community by Local Notice to Mariners and Broadcast Notice to 
Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612), as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    (1) This rule would affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit in a portion of the Cooper River, and Town Creek Reaches in 
Charleston, South Carolina from 7:30 a.m. until 10:30 a.m. on March 28, 
2015.
    (2) For the reasons discussed in the Regulatory Planning and Review 
section above, this rule will not have a

[[Page 11127]]

significant economic impact on a substantial number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves a safety zone on waters of the Cooper 
River, and Town Creek Reaches, South Carolina during the Cooper River 
Bridge Run on Saturday, March 28, 2015. Persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the safety zone unless authorized by the Captain of 
the Port Charleston or a designated representative. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. This rule is categorically excluded from further 
review under paragraph (34)(g) of Figure 2-1 of the Commandant 
Instruction. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting 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

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add a temporary Sec.  165.T07-0040 to read as follows:


Sec.  165.T07-0040,  Safety Zone; Cooper River Bridge Run, Charleston, 
SC.

    (a) Regulated Area. The rule establishes a safety zone on certain 
waters of the Cooper River, and Town Creek Reaches, South Carolina. The 
safety zone will consist of a regulated area which will be enforced 
from 7:30 a.m. until 10:30 a.m. on March 28, 2015. The safety zone 
would create a regulated area that will encompass a portion of the 
waterway. All waters of the Cooper River, and Town Creek Reaches 
encompassed within the following points: 32[deg]48'32'' N./
079[deg]56'08'' W., 32[deg]48'20'' N./079[deg]54'20'' W., 
32[deg]47'20'' N./079[deg]54'29'' W., 32[deg]47'20'' N./079[deg]55'28'' 
W. All

[[Page 11128]]

coordinates are North American Datum 1983.
    (b) Definition. The term ``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 Charleston in the enforcement of the regulated 
area.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port Charleston 
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, or 
remain within the regulated area may contact the Captain of the Port 
Charleston by telephone at 843-740-7050, or a designated representative 
via VHF radio on channel 16, to request authorization. If authorization 
to enter, transit through, or remain within the regulated area is 
granted by the Captain of the Port Charleston or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Charleston 
or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Date. This rule will be enforced from 7:30 a.m. 
until 10:30 a.m. on March 28, 2015.

    Dated: February 17, 2015.
B.D. Falk,
Commander, U.S. Coast Guard, Alternate Captain of the Port Charleston.
[FR Doc. 2015-04286 Filed 2-27-15; 8:45 am]
BILLING CODE 9110-04-P