[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Proposed Rules]
[Pages 17351-17354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05089]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0139]
RIN 1625-AA87


Security Zone; Cooper River, Charleston County, SC

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

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish a permanent security 
zone for certain waters of the Cooper River between Charleston and 
Mount Pleasant, SC. This action is necessary to provide for the 
security and protection of life on navigable waters near the

[[Page 17352]]

Arthur Ravenel Jr. Bridge during the annual Cooper River Bridge Run. 
This proposed rulemaking would prohibit persons and vessels from 
entering the security zone unless authorized by the Captain of the Port 
Charleston or a designated representative. We invite your comments on 
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 10, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0139 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Marine Science Technician First 
Class Thomas J. Welker, 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
NOE Notice of Enforcement
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Cooper River Bridge Run is a long-standing 10-K race held 
annually with over 40,000 participants crossing the Arthur J. Ravenel 
Bridge over the Cooper River from Mount Pleasant, SC to Charleston, SC. 
Restricting access to waters around the Cooper River in the vicinity of 
the event has historically been addressed by the use of special local 
regulations or temporary final regulations establishing a security 
zone. With the exception of 2020, the Cooper River Bridge Run has 
occurred in the same location since 2006 and is anticipated to continue 
on an annual basis for the foreseeable future. Issuing individual 
regulations for this event each year would create unnecessary 
administrative costs and burdens.
    The purpose of this rulemaking is to ensure the safety of persons 
and vessels before, during, and after the scheduled race It would also 
reduce administrative overhead while ensuring accurate, timely, and 
consistent notification of this recurring security zone. The Coast 
Guard is proposing this rulemaking under authority in 46 U.S.C. 70051 
and 70124.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a permanent security zone 
enforced annually for one day in March or April for a period of 
approximately three hours. 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 in accordance with the 1984 World Geodetic 
System (WGS 84). The duration of the zone is intended to ensure the 
security and protection of life before, during, and after the scheduled 
event. No vessel or person would 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 regulatory text we are proposing appears at the end 
of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the NPRM 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 approximately 3 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 Marine 
Safety Information Bulletin, 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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.
    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 proposed rule. If the proposed 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. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

[[Page 17353]]

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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 proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a security 
zone lasting approximately 3 hours that would prohibit persons and 
vessels from entering, transiting through, anchoring in, or remaining 
within a limited area of the Cooper River surrounding the Arthur 
Ravenel Jr. Bridge over the Cooper River in Charleston County, South 
Carolina. Normally such actions are 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 preliminary 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. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0139 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 is 
proposing to amend 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.  165.139 to read as follows:


Sec.  165.139  Security Zone; Cooper River, Charleston County, South 
Carolina.

    (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 in 
accordance with the 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

[[Page 17354]]

designated by or assisting the Captain of the Port (COTP) Charleston in 
the enforcement of the security zone.
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, 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 or the 
COTP's 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. (1) This section will be enforced for 
approximately 3 hours on one day in March or April.
    (2) Notifications of enforcement date and times will be announced 
via one or more of the following methods: Notice of Enforcement 
published in the Federal Register, local notice to mariners, marine 
safety information bulletin, broadcast notice to mariners, or by on-
scene designated representatives.

    Dated: February 28, 2024.
F.J. DelRosso,
Captain, U.S. Coast Guard, Captain of the Port Sector Charleston.
[FR Doc. 2024-05089 Filed 3-8-24; 8:45 am]
BILLING CODE 9110-04-P