[Federal Register Volume 88, Number 14 (Monday, January 23, 2023)]
[Rules and Regulations]
[Pages 3926-3928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01125]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0039]
RIN 1625-AA00


Safety Zone; Charleston Harbor, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY:  The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Cooper River, Charleston Harbor, and Atlantic 
Ocean at the Charleston Harbor Entrance and Approach, Charleston 
Harbor, within a 100-yard radius of the vessel USNS Gordon and all 
towing vessels supporting its operations. The safety zone is needed to 
protect personnel, vessels, and the marine environment from potential 
hazards created by the dead ship movement of USNS Gordon from the Naval 
Weapons Station, Joint Base Charleston Transportation Core (TC) Dock or 
Wharf Alpha through the Charleston Harbor Entrance Channel. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Sector Charleston.

[[Page 3927]]


DATES: This rule is effective without actual notice from January 23, 
2023 through January 24, 2023. For the purposes of enforcement, actual 
notice will be used from January 12, 2023, until January 23, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0039 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT:  If you have questions on this rule, 
call or email MST1 Thomas J. Welker, Sector Charleston, Waterways 
Management Division, U.S. Coast Guard; telephone (843) 740-3186, 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 doing so would be impracticable. The 
Coast Guard lacks sufficient time to provide for a comment period and 
then consider those comments before issuing the rule since this rule is 
needed by January 12, 2023. It would be contrary to the public interest 
since immediate action is necessary to protect the safety of the 
public, and vessels transiting the waters of the Cooper River, 
Charleston Harbor, and the Atlantic Ocean at the Charleston Harbor 
Entrance and Approach during the dead ship movement of USNS Gordon.
    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 
minimize the potential safety hazards associated with the dead ship 
movement of the USNS Gordon.

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 dead ship movement and berthing 
of USNS Gordon on January 12, 2023 (or on a contingency date prior 
January 25, 2023), will be a safety concern for anyone within a 100-
yard radius of vessel and any towing vessels supporting the operation. 
This rule is needed to protect personnel, vessels, and the marine 
environment during the dead ship movement of the USNS Gordon while 
outbound from berthing at the Naval Weapons Station, Joint Base 
Charleston Transportation Core (TC) Dock or Wharf Alpha, on the Cooper 
River in Goose Creek, SC to sea.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on January 12, 2023 
through January 24, 2023, however the zone will only be enforced while 
the USNS Gordon is underway with supporting, towing vessles. The moving 
100-yard safety zone will be established for the the USNS Gordon and 
all towing vessels supporting its operations during transit from berth 
at the Naval Weapons Station, Joint Base Charleston Transportation Core 
(TC) Dock or Wharf Alpha on the Cooper River in Goose Creek, SC to the 
Charleston Harbor Entrance Channel Buoy #6. The safety zone is needed 
to protect personnel, vessels, and the marine environment from 
potential hazards created by the dead ship movement of USNS Gordon 
while transiting the Charleson Harbor area. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

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 size, 
location, and scope of the safety zone. The zone is limited in size, 
location, and duration as it will cover all navigable waters of the 
Cooper River, Charleston Harbor, and Atlantic Ocean at the Charleston 
Harbor Entrance and Approach within a 100-yard radius of the vessel 
USNS Gordon and any towing vessels supporting the operation. The zone 
is limited in scope as vessel traffic may be able to safely transit 
around this safety zone and vessels may seek permission from the COTP 
to enter the zone. The zone is limited in duration in that it will be 
enforced for no more than eight hours. Moreover, the Coast Guard would 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the safety zone.

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 
regulated area 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

[[Page 3928]]

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 call or email 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 Safety 
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 
temporary, moving safety zone on waters of the Cooper River, Charleston 
Harbor, and Atlantic Ocean at the Charleston Harbor Entrance and 
Approach, within a 100-yard radius of the vessel USNS Gordon and all 
towing vessels supporting its operations until the vessel proceeds 
seaward of the Charleston Harbor Entrance Channel Buoy #6. This zone is 
not expected to last more than eight 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 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, Safety 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 Safety Delegation No. 00170.1, 
Revision No. 01.2.


0
2. Add Sec.  165.T07-0039 to read as follows:


Sec.  165.T07-0039   Safety Zone; Charleston Harbor, Charleston, SC

    (a) Location. The following is a safety zone: The moving safety 
zone will include all navigable waters of the Cooper River, Charleston 
Harbor, and the Atlantic Ocean at the Charleston Harbor Entrance and 
Approach, within a 100-yard radius of the vessel USNS Gordon and all 
towing vessels supporting its operations, while transiting outbound 
until the vessel proceeds seaward of the Charleston Harbor Entrance 
Channel Buoy #6.
    (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) in the enforcement of the safety zone.
    (c) Regulations. (1) No person or vessel will be permitted to 
enter, transit, anchor, or remain within the safety zone described in 
paragraph (a) of this section unless authorized by the COTP Charleston 
or a designated representative. If authorization is granted, persons 
and/or vessels receiving such authorization must comply with the 
instructions of the COTP Charleston or designated representative.
    (2) Persons who must notify or request authorization from the COTP 
Charleston may do so by telephone at (843) 740-7050, or may contact a 
designated representative via VHF radio on channel 16.
    (d) Effective and enforcement period. This section is effective on 
January 12, through January 24, 2023. The moving zone will be enforced 
while USNS Gordon and all towing vessels supporting its operations are 
transiting, until seaward of the Charleston Harbor Entrance Channel 
Buoy #6.

    Dated: January 11, 2023.
John D. Cole,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2023-01125 Filed 1-20-23; 8:45 am]
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