[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 Chad.L.Ray@uscg.mil.

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


