[Federal Register Volume 86, Number 41 (Thursday, March 4, 2021)]
[Rules and Regulations]
[Pages 12539-12541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04475]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2021-0130]
RIN 1625-AA00


Safety Zone; Atlantic Intracoastal Waterway, Horry County, SC

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing an emergency temporary safety 
zone that includes all waters of the Waccamaw River from Enterprise 
Landing at Atlantic Intracoastal Waterway (AICW) statute mile 375 north 
to Fantasy Harbour Fixed Bridge at AICW statute mile 366. The safety 
zone is needed to protect persons and property during a period of high 
water in the area caused by heavy rainfall and runoff. Vessels 
operating within the zone shall proceed at speeds that do not create a 
wake. Vessels that desire to transit this zone at speeds that create a 
wake, shall first seek authorization from the Captain of the Port 
(COTP) Charleston.

DATES: This rule is effective without actual notice from March 4, 2021 
through March 7, 2021. For the purposes of enforcement, actual notice 
will be used from March 1, 2021 until March 4, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0130 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 Chad Ray, 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

[[Page 12540]]

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 publishing an NPRM would be contrary 
to public interest due to waters suddenly reaching dangerously high 
levels. Immediate action is needed to address safety hazards created by 
transiting vessels' wake, which threatens persons and property in 
flooded areas. It is impracticable to publish an NPRM because we must 
establish this safety zone by March 1, 2021.
    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 because immediate action is needed to 
respond to the potential safety hazards associated with this emergent 
high water event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Charleston (COTP) has determined that 
potential hazards associated with the high water conditions are a 
safety concern for persons and property in this area. Vessels that 
transit the zone create a wake that exacerbates the safety hazards 
associated with dangerously high water levels created by recent heavy 
rainfall and unexpected increases in runoff. This rule is needed to 
protect personnel and property throughout the duration of the high 
water conditions.

IV. Discussion of the Rule

    This rule establishes a safety zone from March 1, 2021 through 
March 7, 2021, or until the high water conditions subside, whichever 
occurs first. The safety zone will cover all waters of the Waccamaw 
River from Enterprise Landing at Atlantic Intracoastal Waterway (AICW) 
statute mile 375 north to Fantasy Harbour Fixed Bridge at AICW statute 
mile 366. The duration of the zone is intended to protect personnel, 
property, and the marine environment throughout the duration of the 
high water event. Vessels operating within the zone shall proceed at 
speeds that do not create a wake. Vessels that desire to transit this 
zone at speeds that create a wake, shall first seek authorization from 
the Captain of the Port (COTP) Charleston.

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 limited 
duration and scope of the safety zone. The safety zone will be enforced 
only so long as the duration of the high water conditions, which makes 
it limited in duration. The safety zone is limited in scope because it 
only affects those areas immediately impacted by high water levels 
along identified sections of the Atlantic Intracoastal Waterway. The 
safety is limited in scope as it allows vessels to enter the zone with 
the approval of the COTP so long as the vessel transits the zone at 
speeds that do not create a wake. The Coast Guard will provide actual 
notification of the zone by on-scene designated representatives and 
broadcast notice to mariners via VHF-FM marine channel 16, and a marine 
safety information bulletin.

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 
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

[[Page 12541]]

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.

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 
safety zone lasting only throughout the high water conditions and will 
only restrict the speed at which vessels transit the 11 mile section of 
the Atlantic Intracoastal Waterway. It is categorically excluded from 
further review under paragraph L60a of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1.

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, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T07-0130 to read as follows:


Sec.  165.T07-0130  Safety Zone; Atlantic Intracoastal Waterway; Horry 
County, SC.

    (a) Location. All waters of the Waccamaw River from Enterprise 
Landing at Atlantic Intracoastal Waterway (AICW) statute mile 375 north 
to Fantasy Harbour Fixed Bridge at AICW statute mile 366.
    (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 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 or vessels desiring to enter, transit through, or 
remain within the regulated area must proceed at speeds that do not 
create a wake.
    (3) Vessels that desire to transit this zone at speeds that create 
a wake, shall first seek authorization from the COTP Charleston. The 
COTP Charleston, or a designated representative, can be contacted via 
telephone at 843-740-7050, or 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.
    (4) The Coast Guard will provide actual notice of the zone by on-
scene designated representatives and broadcast notice to mariners via 
VHF-FM marine channel 16, and a marine safety information bulletin.
    (d) Enforcement period. This section will be enforced from March 1, 
2021 through March 7, 2021, or until the conclusion of the high water 
conditions, whichever occurs first.

    Dated: March 1, 2021.
J.D. Cole,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2021-04475 Filed 3-3-21; 8:45 am]
BILLING CODE 9110-04-P