[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Rules and Regulations]
[Pages 15887-15889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05779]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0174]
RIN 1625-AA87


Security 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 is establishing a temporary security zone on 
certain waters of the Cooper River and Town Creek Reaches. This action 
is necessary to provide for the safety of life on these navigable 
waters near Charleston, South Carolina, during the Cooper River Bridge 
Run. 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 7:30 a.m. to 11 a.m., on April 2, 
2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0174 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 Commander Chad Ray, Sector Charleston 
Waterways Management Division, 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

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 it is impracticable and contrary to 
the public interest. The primary justification for this action is that 
the Coast Guard was given short notice from the event sponsor. 
Therefore, the Coast Guard lacks sufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing the rule. It would be impracticable and contrary to the public 
interest to delay promulgating this rule, as it is necessary to protect 
the safety of participants, spectators, and vessels transiting near the 
race area during the Cooper River Bridge 10-K Run 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 the public interest 
because the temporary security zone must be established on April 2, 
2022 to ensure the safety of participants, spectators, and vessels 
during the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The COTP Charleston has determined that potential hazards 
associated with the large number of participants and spectators during 
the run will be a safety and security concern. The purpose of the rule 
is to ensure the safety and security of participants, spectators, the 
general public, vessels and the navigable waters in the security zone 
before, during and after the scheduled race.

IV. Discussion of the Rule

    This rule establishes a security zone from 7:30 a.m. to 11 a.m., on 
April 2, 2022. The security zone will cover certain navigable waters of 
the Cooper River and Town Creek Reaches in Charleston, South Carolina. 
The duration of the zone is intended to ensure the safety and security 
of the participants, spectators, and the general public during the 
scheduled 7:30 a.m. to 11 a.m. race. No vessel or person will be 
permitted to enter, transit through, anchor in or remain within the 
security zone without obtaining permission from the COTP or a 
designated representative. If authorization to enter, transit through, 
anchor in, or remain within the security zone is granted by the COTP or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the COTP or a 
designated representative. The Coast Guard will provide notice of the 
security zone by Local Notice to Mariners, Broadcast Notice to 
Mariners, or by 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. 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).
    This regulatory action determination is based on the following 
reasons: (1) The security zone only being enforced for a total of three 
and a half hours; (2) although persons and vessels may not enter, 
transit through, anchor in, or remain within the zone without 
authorization from the COTP or a designated representative, they may 
operate in the surrounding area during the enforcement period; (3) 
persons and vessels may still enter, transit through, anchor in, or 
remain within the areas during the enforcement period if authorized by 
the COTP or a designated representative; and (4) the Coast Guard

[[Page 15888]]

will provide advance notification of the zone to the local maritime 
community by Broadcast Notice to Mariners, or by on-scene designated 
representatives.

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 
security 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.

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 
security zone that will prohibit persons and vessels from entering, 
transiting through, anchoring in, or remaining within a limited area 
surrounding the Cooper River Bridge on the waters of the Cooper River 
and Town Creek Reaches during a race event lasting three and a half 
hours. 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 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: 46 U.S.C. 70034; 46 U.S.C. 70051; 33 CFR 1.05-1, 
6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.1, Revision No. 01.2.

0
2. Add Sec.  165. T07-0110 to read as follows:


Sec.  165.T07-0110   Security Zone; Cooper River Bridge Run, Charleston 
SC.

    (a) Location. All waters of the Cooper River, and Town Creek 
Reaches encompassed within the following points: Beginning at 
32[deg]48'32'' N, 079[deg]56'08'' W, thence east to 32[deg]48'20'' N, 
079[deg]54'20'' W, thence south to 32[deg]47'20'' N, 079[deg]54'29'' W, 
thence west to 32[deg]47'20'' N, 079[deg]55'28'' W, thence north to 
origin. All 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 (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

[[Page 15889]]

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 
Broadcast Notice to Mariners, or by on-scene designated 
representatives.
    (d) Enforcement Period. This rule will be enforced from 7:30 a.m. 
until 11 a.m., on April 2, 2022.

    Dated: March 12, 2022.
J.D. Cole,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2022-05779 Filed 3-18-22; 8:45 am]
BILLING CODE 9110-04-P