[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Rules and Regulations]
[Pages 41027-41029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13519]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0517]
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 navigable waters of the Cooper River near the International 
African American Museum in Charleston, South Carolina to prevent 
waterside threats and incidents for persons under the protection of the 
United States Secret Service. The action is necessary to protect an 
official party, public, and surrounding waterways from terrorist acts, 
sabotage or other subversive acts, accidents or other events of a 
similar nature. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
(COTP) Charleston, or a designated representative.

DATES: This rule is effective from 8 a.m. through 2 p.m. on June 24, 
2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0517 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 Petty Officer Thomas Welker, Sector Charleston, Waterways 
Management Division, U.S. Coast Guard; telephone 843-740-3184, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

COTP Captain of the Port
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
USSS United States Secret Service

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 certain details of the event were not 
available until two weeks prior to the event. Therefore, the Coast 
Guard lacks sufficient time to provide a reasonable comment period and 
then consider those comments before issuing the rule. Immediate action 
is needed to prevent vessels from approaching the location in 
Charleston, SC of persons under the protection of the United States 
Secret Service (USSS protectees). It is impracticable to publish an 
NPRM because we must establish this security zone by June 24, 2023. It 
would be contrary to public interest to postpone establishing the 
temporary security zone.
    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 
prevent interference with the USSS protectees attendance at the 
International African American Museum in Charleston, SC.

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 (COTP) Charleston has determined that 
the USSS protectees visit on June 24, 2023, presents a potential target 
for terrorist attack, sabotage, or other subversive acts, accidents, or 
other causes of a similar nature. This security zone is necessary to 
protect the official party, public, and surrounding waterways adjacent 
to the visit site in Charleston, South Carolina.

IV. Discussion of the Rule

    This rule establishes a security zone from 8 a.m. through 2 p.m. on 
June 24, 2023. The security zone will cover an area approximately 500 
yards in width by 615 yards in length on the Cooper River along the 
waterfront of Charleston, South Carolina as follows. All navigable 
waters of the Cooper River beginning at 32[deg]47'24.87'' N, 
079[deg]55'28.41'' W, thence 500 yards east to 32[deg]47'24.87'' N, 
079[deg]55'10.84'' W, thence south 615 yards to 32[deg]47'4.74'' N, 
079[deg]55'10.84'' W, thence west to 32[deg]47'4.74'' N, 
079[deg]55'25.32'' W, thence north along the shoreline to the point of 
origin.
    The duration of the zone is intended ensure the security of the 
USSS protectees before, during, and immediately after the scheduled 
event. 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 
Broadcast Notice to Mariners and 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

[[Page 41028]]

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, as amended by Executive Order 14094 (Modernizing Regulatory 
Review). Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size and 
location of the security zone. The security zone is limited in size and 
location as it will cover an area approximately 500 yards in width by 
615 yards in length on the Cooper River along the waterfront of 
Charleston, South Carolina. Although persons and vessels will not be 
able to enter, transit through, anchor in, or remain within the 
security zone without authorization from the COTP Charleston or a 
designated representative, they may operate in the surrounding area 
during the enforcement period. Furthermore, the rule will allow vessels 
to seek permission to enter the zone. Persons and vessels may still 
enter, transit through, anchor in, or remain within the security zone 
during the enforcement period if authorized by the COTP Charleston or a 
designated representative.

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 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 
temporary security zone enforced continuously for a period of 6 hours, 
which will prohibit entry to a portion of the Cooper River adjacent to 
Charleston, South Carolina. 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 where 
indicated under ADDRESSES.

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.T07-0517 to read as follows:


Sec.  165.T07-0517   Security Zone; Cooper River, Charleston, SC.

    (a) Location. The following area is a security zone: All waters of 
the Cooper River beginning at 32[deg]47'24.87'' N, 079[deg]55'28.41'' 
W, thence 500 yards east to 32[deg]47'24.87'' N, 079[deg]55'10.84'' W, 
thence south 615 yards to 32[deg]47'4.74'' N,

[[Page 41029]]

079[deg]55'10.84'' W, thence west to 32[deg]47'4.74'' N, 
079[deg]55'25.32'' W, thence north along the shoreline to the point of 
origin. These coordinates are based on the 1984 World Geodetic System 
(WGS 84).
    (b) Definitions. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including 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 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) Persons who must notify or request authorization from the COTP 
Charleston may do so by Marine Band Radio VHF-FM channel 16 (156.8 
MHz).
    (d) Enforcement period. This rule will be enforced from 8 a.m. 
through 2 p.m. on June 24, 2023.

    Dated: June 20, 2023.
F.J. DelRosso,
Captain, U.S. Coast Guard, Captain of the Port Sector Charleston.
[FR Doc. 2023-13519 Filed 6-22-23; 8:45 am]
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