[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Rules and Regulations]
[Pages 8177-8180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02658]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0933]
RIN 1625-AA87


Security Zone; Cooper River; Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone on 
certain navigable waters of the Cooper River within a 500-yard radius 
of the South Carolina State Port Authority Cruise Ship Terminal in 
Charleston, SC during a visit by the Commandant of the United States 
Coast Guard. This action is necessary to protect personnel from 
potential hazards and security risk associated with the Commandant's 
speaking engagement. This regulation prohibits persons and vessels from 
entering, transiting through, anchoring in, or remaining within the 
security zone unless authorized by the Captain of the Port Charleston 
(COTP) or a designated representative.

DATES: This rule is effective from 10:30 a.m. to 3:30 p.m. on February 
20, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0933 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 about this 
rulemaking, call or email Lieutenant Chad Ray, Sector Charleston Office 
of Waterways Management, Coast Guard; telephone (843) 740-3184, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 8178]]

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

II. Background Information and Regulatory History

    On November 18, 2019, Sector Charleston personnel were notified 
that the Commandant of the U.S. Coast Guard will give the State of the 
Coast Guard Address at the South Carolina State Port Authority Cruise 
Ship Terminal on the Cooper River in Charleston, SC. In response, on 
January 6, 2020, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Security Zone; Cooper River; Charleston, 
SC'' (85 FR 271, Docket Number USCG-2019-0933). There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory action 
related to this security zone. During the comment period that ended 
January 21, 2020, we received no comments. However, after the coment 
period ended, Sector Charleston was notified that additional 
dignitaries would be present before, during and after the State of the 
Coast Guard Address. This will require the duration of the security 
zone to be expanded by 3 hours. Therefore, the Coast Guard is issuing 
this temporary rule for this security zone that expands the security 
zone by 3 hours contained in the NPRM 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 NPRM with respect to this rule that 
expands the time of the proposed original security zone by 3 hours 
because it would be impractical to publish an NPRM for this change 
because we must establish this security zone by Febuary 20 and lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule. The security zone will 
impact waters of the Cooper River in Charleston, SC. The Captain of the 
Port Charleston (COTP) has determined that potential hazards associated 
with the event would be a security concern for participants, 
spectators, and others on the navigable waters around the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to public interest 
because immediate action is needed based on numerous agencies 
previously agreeing on the date of February 20, 2020 and logistical 
steps have be taken to facilitiate the event taking place on this date. 
The security zone is necessary to ensure the safety of the event 
participants, as well as spectators.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Charleston 
(COTP) has determined that there are potential security risks 
associated with the Commandant's speaking engagement. The purpose of 
this rule is to ensure safety and security of vessels and the navigable 
waters in the safety zone before, during, and after the scheduled 
event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
January 6, 2020. However, there is one change in the regulatory text of 
this rule from the proposed rule in the NPRM to account for the 
additional time needed to secure the area during the presence of 
dignitaries that will be in attendance before, during and after the 
State of the Coast Guard.
    This rule establishes a security zone from 10:30 a.m. to 3:30 p.m. 
on February 20, 2020. The security zone will cover all navigable waters 
within a 500-yard radius of the South Carolina State Port Authority 
Cruise Ship Terminal in Charleston, SC. The duration of the zone is 
intended to ensure the security of persons, vessels, and these 
navigable waters before, during, and after the scheduled address. No 
vessels or person would be permitted to enter the security zone without 
obtaining permission from the COTP or a designated representative. 
Persons and vessels desiring to enter, transit through, anchor in, or 
remain within the regulated area may contact the COTP 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, all 
persons and vessels receiving such authorization must comply with the 
instructions of the COTP or a designated representative. The COTP will 
provide notice of the security zone by Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives. 
The regulatory text appears at the end of this document.

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: (1) Persons and 
vessels may enter, transit through, anchor in, or remain within the 
regulated area during the enforcement periods if authorized by Sector 
Charleston COTP or a designated representative; (2) vessels not able to 
enter, transit through, anchor in, or remain within the regulated area 
without authorization from Sector Charleston COTP or a designated 
representative may operate in the surrounding areas during the 
enforcement period; (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; and (4) the 
regulated area will be limited in time, scope, and only impact small 
designated areas of the Cooper River.

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 received no comments

[[Page 8179]]

from the Small Business Administration on this rulemaking. 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 
call or email 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 implication for federalism or Indian tribes, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section.

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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 five 
hour security zone that will prohibit persons and vessels from 
entering, transiting through, anchoring in, or remaining within a 
limited area on the Cooper River during the State of the Coast Guard 
Address by Commandant of the U.S. Coast Guard. It is categorically 
excluded from further review under paragraph L60(a) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of 
Environmental Consideration supporting this determination is available 
in the docket. For instructions on locating the docket, see the 
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, 160.5; and Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T07-0933 to read as follows:


Sec.  165.T07-0933   Security Zone; Cooper River, Charleston, SC.

    (a) Location. All waters of the Cooper River within a 500-yard 
radius the South Carolina State Port Authority Cruise Ship Terminal in 
Charleston, SC.
    (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 (COTP) 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 COTP 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 COTP Charleston 
by telephone at 843-740-7050, or a designated representative via VHF 
radio on channel 16, to request authorization. If authorization is 
granted, all persons and vessels receiving such authorization must 
comply with the instructions of the COTP Charleston or a designated 
representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Marine Safety Information Bulletins, Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement period. This section will be enforced from 10:30 
a.m. to 3:30 p.m. on February 20, 2020.


[[Page 8180]]


    Dated: February 5, 2020.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2020-02658 Filed 2-12-20; 8:45 am]
 BILLING CODE 9110-04-P