[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Rules and Regulations]
[Pages 41174-41177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18432]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0348]
RIN 1625-AA-00


Safety Zone; Wando River, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is extending the duration of a temporary 
safety zone for navigable waters of the Wando River within a 500-yard 
radius of the SC-41 Bridge, vessels and machinery in Charleston, South 
Carolina. The safety zone is needed to ensure the safety of persons, 
vessels, and the marine environment from potential hazards created by 
demolition work on the SC-41 Bridge. Entry of vessels or persons into 
this zone is prohibited unless specifically authorized by the Captain 
of

[[Page 41175]]

the Port Charleston or a designated representative.

DATES: This rule is effective from August 30, 2017 through November 30, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0348 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule 
call or email Lieutenant Justin Heck, Sector Charleston Office of 
Waterways Management, Coast Guard; telephone (843) 740-3184, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
OMB Office of Management and Budget

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 immediate action is needed to protect 
the public from the hazards associated with the demolition of the SC-41 
Bridge. On August 11, 2017, the Coast Guard published a temporary final 
rule, entitled ``Safety Zone; Demolition of SC-41 Bridge, Wando River, 
Charleston, SC'' in the Federal Register (82 FR 37515) establishing a 
temporary safety zone for the demolition work on the SC-41 Bridge in 
Charleston, South Carolina. The safety zone is scheduled to expire on 
August 30, 2017, but the demolition company has requested additional 
time to complete the demolition work. This rule extends the duration of 
the existing safety zone from August 30, 2017 to November 30, 2017 to 
ensure, to the extent practicable, that there continues to be 
protections for the safety of personnel, vessels, and the marine 
environment from the potential hazards created by the demolition work 
on the SC-41 Bridge, which was unable to be completed during the 
original time frame. It would be impracticable and contrary to the 
public interest for the existing safety zone to lapse when the 
demolition work needs to continue past the expiration date of the 
existing safety zone.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to respond to the potential safety hazards 
associated with the demolition work on the SC-41 Bridge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. On August 11, 2017, the Coast Guard published a temporary final 
rule, entitled ``Safety Zone; Demolition of SC-41 Bridge, Wando River, 
Charleston, SC'' in the Federal Register (82 FR 37515) establishing a 
temporary safety zone for the demolition work on the SC-41 Bridge in 
Charleston, South Carolina. The safety zone is scheduled to expire on 
August 30, 2017, but the demolition company has requested additional 
time to complete the demolition work. The Captain of the Port (COTP) 
Charleston has determined that potential hazards associated with the 
bridge demolition will be a safety concern for anyone within a 500-yard 
radius of the bridge, vessels, and machinery. Through this rule, the 
COTP Charleston has determined it necessary to extend the duration of 
the safety zone from August 30, 2017 until November 30, 2017 because 
the safety zone is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone while the 
demolition is in progress.

IV. Discussion of the Rule

    This rule extends the duration of the temporary safety zone on the 
waters of the Wando River in Charleston, South Carolina during the SC-
41 bridge demolition. The company conducting the demolition contacted 
the Coast Guard asking for more time to complete the demolition. The 
demolition will take over two separate demolition periods between 
August 31, 2017 and November 30, 2017, during which the safety zone 
will be enforced for approximately six hours each. The safety zone will 
cover all navigable waters within 500 yards of the bridge, vessels, and 
machinery being used for the demolition of the SC-41 Bridge. No vessel 
or person will be permitted to enter, transit through, anchor in, or 
remain within the safety zone without obtaining permission from the 
Captain of the Port Charleston or a designated representative. If 
authorization to enter, transit through, anchor in, or remain within 
the safety zone 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. The Coast Guard will 
provide notice of the safety zone by Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the following 
reasons: (1) The safety zone will only be enforced for a total of 
twelve 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.

[[Page 41176]]

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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 an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. 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 (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 that will prohibit persons and vessels from 
entering, transiting through, anchoring in, or remaining within a 
limited area surrounding the SC-41 Bridge on the waters of the Wando 
River for two six hour periods. This rule is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Record of Environmental Consideration are 
available in the docket where indicated under ADDRESSES.

G. 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.

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; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-1, 
6.04-6, 160.5; and Department of Homeland Security Delegation No. 
0170.


0
2. Revise Sec.  165.T07-0348 to read as follows:


Sec.  165.T07-0348  Safety Zone; Demolition SC-41 Bridge Demolition 
Phase Two, Wando River, Charleston, SC.

    (a) Location. All waters of the Wando River encompassed within a 
500-yard radius of the SC-41 Bridge, vessels and machinery.
    (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 
areas.
    (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, anchor 
in, 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, anchor in, 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

[[Page 41177]]

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 period. This rule will be enforced from August 4, 
2017 through November 30, 2017, during demolition activity.

    Dated: August 25, 2017.
G.G. Stump,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2017-18432 Filed 8-29-17; 8:45 am]
BILLING CODE 9110-04-P