[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Rules and Regulations]
[Pages 23914-23916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07235]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0228]
RIN 1625-AA87


Security Zone; Cooper River, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 23915]]

SUMMARY: The Coast Guard is establishing a temporary security zone for 
navigable waters of the Cooper River, in the vicinity of the Arthur 
Ravenel Jr. Bridge, in Mount Pleasant, SC. This security zone is 
necessary to provide for the security and protection of life of 
participants and spectators during the Cooper River Bridge Run event. 
Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port Charleston or a 
designated representative.

DATES: This rule is effective from 7:30 a.m. through 10:30 a.m., on 
April 6, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0228 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 about this rule, 
call or email Marine Science Technician First Class 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. The Coast Guard 
did not receive the information required to develop and finalize plans 
for an official patrol of the security zone in ample time to allow for 
public comment for the Cooper River Bridge Run event scheduled on April 
6, 2024. 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 to delay promulgating this rule, as it 
is necessary to protect the safety of participants and spectators 
participating in this event, and to mitigate potential subversive acts.
    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 for the same reasons discussed 
above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70051 and 70124. The Captain of the Port (COTP) Charleston has 
determined that the presence of persons under the protection of the 
Coast Guard in the Sector Charleston COTP zone presents a potential 
target for terrorist attack, sabotage, or other subversive acts, 
accidents, or other causes of similar nature. The rule is needed to 
protect persons under the protection of the Coast Guard, personnel in 
and around the Cooper River Bridge Run event.

IV. Discussion of the Rule

    This rule establishes a security zone in Mount Pleasant, SC, from 
7:30 a.m. through 10:30 a.m. on April 6, 2024. The security zone would 
cover all navigable waters of the Cooper River, in the vicinity of the 
Arthur Ravenel Jr. Bridge.
    Entry into this security zone is prohibited unless specifically 
authorized by the Captain of the Port (COTP) or their designated 
representative. A designated representative is a commissioned, warrant, 
or petty officer of the Coast Guard assigned to units under the 
operational control of the Coast Guard Sector Charleston. Requests for 
entry will be considered and reviewed on a case-by-case basis. The COTP 
may be contacted by telephone at 843-740-3184 or can be reached by VHF-
FM channel 16. Persons and vessels permitted to enter these security 
zones must transit at their slowest safe speed and comply with all 
lawful directions issued by the COTP or their designated 
representative.

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 section 3(f) of 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, 
location, duration, and time-of-year of the security zone. This 
security zone will impact a small, designated area on the navigable 
waters of Cooper River for approximately three hours during a time of 
year when vessel traffic is normally low. To alleviate the effects of 
this rule on the public, the COTP may elect to temporary suspend 
enforcement of this security zone. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule allows vessels to seek permission to enter the 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 
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

[[Page 23916]]

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 entry into all 
navigable waters of the Cooper River, in the vicinity of the Arthur 
Ravenel Jr. Bridge. 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.T07-0228 to read as follows:


Sec.  165.T07-0228  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) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, you may not enter the security zone described 
in paragraph (a) of this section unless authorized by the Captain of 
the Port Sector Charleston (COTP) or the COTP's designated 
representative.
    (2) Vessels requiring entry into the security zone must request 
permission from the COTP or a designated representative. To seek entry 
into the security zone, contact the COTP or the COTP's representative 
by telephone at 843-740-7050 or on VHF-FM channel 16.
    (3) Persons and vessels permitted to enter the security zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (c) Definitions. As used in this section, designated representative 
is a commissioned, warrant, or petty officer of the Coast Guard 
assigned to units under the operational control of Coast Guard Sector 
Charleston.
    (d) Enforcement period. This section will be enforced from 7:30 
a.m. through 10:30 a.m. on April 6, 2024.

    Dated: April 1, 2024.
F.J. DelRosso,
Captain, U.S. Coast Guard, Captain of the Port Sector Charleston.
[FR Doc. 2024-07235 Filed 4-4-24; 8:45 am]
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