[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Rules and Regulations]
[Pages 17145-17147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05839]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0151]
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 for 
certain waters of the Cooper River near Charleston and Mount Pleasant, 
South Carolina. This action is necessary to provide for the security 
and protection of life on these navigable waters near the Arthur 
Ravenel Jr. Bridge over the Cooper River during the Cooper River Bridge 
Run. This rulemaking would prohibit persons and vessels entering the 
security zone unless authorized by the Captain of the Port Charleston 
or a designated representative.

DATES: This rule is effective from 7:30 a.m. until 10:30 a.m., on April 
1, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0151 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) 740-3184, 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 developments and planning for official patrol 
of the security zone prevented sufficient the Coast Guard from taking 
action sooner, therefore 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 April 1, 2023. It would 
be contrary to the public interest to delay promulgating this rule, as 
it is necessary to protect the safety and security of participants 
while on the Arthur Ravenel Jr. Bridge.
    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

[[Page 17146]]

this rule would be impracticable and contrary to the public interest 
because the temporary security zone must be established on April 1, 
2023 to ensure safety and security of event participants.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70124. The Captain of the Port Charleston (COTP) has determined that 
this event requires certain waterside security measures to protect the 
bridge and event participants from destruction, loss, or injury from 
sabotage or other subversive acts, accidents, or other causes of a 
similar nature.

IV. Discussion of the Rule

    This rule establishes a security zone from 7:30 a.m. until 10:30 
a.m. on April 1, 2023. The security zone would cover all navigable 
waters 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]54'18'' 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 1984 World Geodetic System (WGS 84). 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.

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: (1) the security 
zone would only be enforced for a total of three 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 would be able operate in the 
surrounding areas 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 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 
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.

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 lasting only 3 hours that will prohibit persons and 
vessels from

[[Page 17147]]

entering, transiting through, anchoring in, or remaining within a 
limited area surrounding the Arthur Ravenel Jr. Bridge over the Cooper 
River. 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, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T07-0151 to read as follows:


Sec.  165.T07-0151  Security Zone; Cooper River Bridge Run, Charleston, 
SC

    (a) Location. The following area is a security zone: 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]54'18'' 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 1984 
World Geodetic System (WGS 84).
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Charleston (COTP) in the enforcement of the 
security zone.
    (c) Regulations. (1) No person or vessel will be permitted to 
enter, transit, anchor, or remain within the security 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) To seek permission to enter, contact the COTP or the COTP's 
representative by telephone at 843-740-7050 or via VHF radio on channel 
16. Those in the security zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period. This section will be enforced from 7:30 
a.m. until 10:30 a.m., on April 1, 2023.

    Dated: March 16, 2023.
J.D. Cole,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2023-05839 Filed 3-21-23; 8:45 am]
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