Security Zone; Cooper River; Charleston, SC

 
CONTENT
Federal Register, Volume 85 Issue 2 (Friday, January 3, 2020)
[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Proposed Rules]
[Pages 271-274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28388]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0933]
RIN 1625-AA87
Security Zone; Cooper River; Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary security
zone on certain navigable waters of the Cooper River within a 500-yard
radius of the South Carolina State Port Authority Cruise Ship Terminal
in Charleston, SC during a visit by the Commandant of the United States
Coast Guard. This action is necessary to protect personnel from
potential hazards and security risk associated with the Commandant's
speaking engagement. This proposed rulemaking would prohibit persons
and vessels from entering, transiting through, anchoring in, or
remaining within the security zone unless authorized by the Captain of
the Port Charleston (COTP) 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 January 21, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
0219-0933 using the Federal eRulemaking 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.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Chad Ray, Sector
Charleston Office of Waterways Management, 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
[[Page 272]]
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
    On November 18, 2019, Sector Charleston personnel were notified
that the Commandant of the U.S. Coast Guard will give the State of the
Coast Guard Address at the South Carolina State Port Authority Cruise
Ship Terminal on the Cooper River in Charleston, SC. The security zone
will impact waters of the Cooper River in Charleston, SC. The Captain
of the Port Charleston (COTP) has determined that potential hazards
associated with the event would be a security concern for participants,
spectators, and others on the navigable waters around the event.
    Section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)) 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 being able to facilitate a full 30 day comment
period with respect to this proposed rule because the Coast Guard did
not receive necessary information regarding the Commandant of the
United States Coast Guard's visit near the South Carolina State Port
Authority Cruise Ship Terminal in Charleston, SC until November 18,
2019. As a result, the Coast Guard did not have sufficient time to both
publish an NPRM and to maintain a 30 day comment period prior to the
events. There is sufficient time to allow for some amount of comment
period which the Coast Guard is facilitating. A full 30 day comment
period would result in a delay in the effective date of this rule and
such a delay would be contrary to the public interest because immediate
action is needed to necessary to protect personnel from potential
hazards and security risk associated with the Commandant's speaking
engagement.
    The purpose of this rulemaking is to ensure the security of
persons, vessels, and the marine environment before, during, and after
the scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of the Rule
    The COTP is proposing to establish a temporary security on the
waters of the Cooper River in Charleston, South Carolina during the
State of the Coast Guard Address from 12:00 p.m. to 2:00 p.m. on
February 20, 2020. The security zone would cover all navigable waters
within a 500-yard radius of the South Carolina State Port Authority
Cruise Ship Terminal in Charleston, SC. The duration of the zone is
intended to ensure the security of persons, vessels, and these
navigable waters before, during, and after the scheduled address. No
vessels or person would be permitted to enter the security zone without
obtaining permission from the COTP or a designated representative.
Persons and vessels desiring to enter, transit through, anchor in, or
remain within the regulated area may contact the COTP by telephone at
(843) 740-7050, or a designated representative via VHF radio on channel
16, to request authorization. If authorization to enter, transit
through, anchor in, or remain within the regulated area is granted, all
persons and vessels receiving such authorization must comply with the
instructions of the COTP or a designated representative. The COTP will
provide notice of the safety zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on: (1) Persons and
vessels may enter, transit through, anchor in, or remain within the
regulated area during the enforcement periods if authorized by Sector
Charleston COTP or a designated representative; (2) vessels not able to
enter, transit through, anchor in, or remain within the regulated area
without authorization from Sector Charleston COTP or a designated
representative may operate in the surrounding areas during the
enforcement period; (3) the Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Local Notice to Mariners and Broadcast Notice to Mariners; and (4) the
regulated area will be limited in time, scope, and only impact small
designated areas of the Cooper River.
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 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 rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact 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.
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).
[[Page 273]]
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 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 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 two hour
security zone that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within a limited area on
the Cooper River during the State of the Coast Guard Address by
Commandant of the U.S. Coast Guard. 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. 01. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. 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.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, 160.5; and Department of Homeland Security Delegation No. 0170.1.
0
2. Add a temporary Sec.  165.T07-0933 to read as follows:
Sec.  165.T07-0933   Security Zone; Cooper River, Charleston, SC.
    (a) Location. All waters of the Cooper River within a 500-yard
radius the South Carolina State Port Authority Cruise Ship Terminal in
Charleston, SC.
    (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) Charleston in the enforcement of the
regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the COTP Charleston or a designated
representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the COTP Charleston
by telephone at 843-740-7050, or a designated representative via VHF
radio on channel 16, to request authorization. If authorization is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the COTP Charleston or a designated
representative.
    (3) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement period. This rule will be enforced from 12:00 p.m.
to 2:00 p.m. on February 20, 2020.
[[Page 274]]
    Dated: December 26, 2019.
J.W. Reed,
Captain, U.S. Coast Guard Captain of the Port, Charleston.
[FR Doc. 2019-28388 Filed 1-2-20; 8:45 am]
 BILLING CODE 9110-04-P