[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Rules and Regulations]
[Pages 8224-8226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02733]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0130]
RIN 1625-AA87


Security Zone; Atlantic Ocean; Surfside Beach, South Carolina

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 Atlantic Ocean near or in the vicinity 
of Surfside Beach, South Carolina. The temporary security zone is 
needed to protect the public, persons, vessels, and the marine 
environment from potential hazards created by physical objects in the 
subject navigable waters. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Charleston, or designated representative.

DATES: This rule is effective without actual notice from February 6, 
2023, through February 18, 2023. For the purposes of enforcement, 
actual notice will be used from February 4, 2023, through February 6, 
2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0130 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 the Sector Charleston Command Center, U.S. Coast Guard, 
Telephone: 843-740-7050, email: [email protected] and 
[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

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. It is 
impracticable because immediate action is required, and we lack 
sufficient time to collect and address public comments before the 
effective date of this rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30

[[Page 8225]]

days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to the public interest because 
immediate action to restrict vessel traffic is needed to protect life, 
property, and the environment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port (COTP) Sector Charleston has determined 
this rule is needed to enhance public and maritime safety and security 
from potential hazards associated with physical objects in certain 
navigable waters near or in the vicinity of Surfside Beach, South 
Carolina.

IV. Discussion of the Rule

    The U.S. Coast Guard is establishing a temporary security zone, for 
certain navigable waters near or in the vicinity of Surfside Beach, 
South Carolina, to include a 10 nautical mile area of the U.S. 
territorial sea extending from the point 33[deg]37' N 078[deg]39' W. 
The temporary security zone is intended to protect the public, persons, 
vessels, and the marine environment from potential hazards associated 
with physical objects in certain navigable waters near or in the 
vicinity of Surfside Beach, South Carolina. It will be enforced every 
day from midnight to 11:59 p.m.
    No vessel or person is permitted to enter the security zone without 
obtaining permission from the COTP Sector Charleston, or a designated 
representative. A designated representative is any Coast Guard 
commissed, warrant, or petty officer, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
federal, state, and local officer designated by or assisting the COTP 
Sector Charleston in the enforcement of the temporary security zone. To 
seek permission to enter, contact the COTP Sector Charleston or a 
designated representative via VHF-FM channel 16, or through the Sector 
Surfside Beach Command Center at 843-740-7050. Vessels or persons 
permitted to enter the security zone must comply with all lawful orders 
or directions issued by the COTP Sector Charleston or designated 
representative. The COTP Sector Charleston or a designated 
representative will inform the public of the effective period for the 
security zone as well as any changes in the dates and times of 
enforcement through Local Notices to Mariners (LNMs), Broadcast Notices 
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs), 
as appropriate.

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 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. 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, and limited duration of the security zone. This zone impacts 
a 320 square nautical mile area near or in the vicinity of Surfside 
Beach, South Carolina, with a limited duration of 14 days.

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 this 
temporary 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 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

[[Page 8226]]

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 for two weeks within certain navigable waters 
near or in the vicinity of Surfside Beach, South Carolina. It is 
categorically excluded from further review under paragraph L60(c) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. 
Due to the urgency of the event, a record of environmental 
consideration supporting this determination is not required but will be 
provided as necessary.

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.T05-0130 to read as follows:


Sec.  165.T05-0130  Security Zone; Atlantic Ocean; Surfside Beach, 
South Carolina.

    (a) Location. The following area is a security zone: certain 
navigable waters of the Atlantic Ocean near or in the vicinity of 
Surfside Beach, South Carolina, to include a 10 nautical mile area of 
the U.S. territorial sea extending from the point 33[deg]37' N 
078[deg]39' W.
    (b) Definitions. As used in this section--
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer, including a Coast Guard coxswain, petty 
officer, or other officer operating a Coast Guard vessel and a Federal, 
State, and local officer designated by or assisting the Captain of the 
Port (COTP) Sector Charleston in the enforcement of the security zone.
    (c) 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 COTP Sector 
Charleston or a designated representative.
    (2) To seek permission to enter, contact the Sector Charleston 
Command Center via VHF-FM Channel 16, or telephone at 843-740-7050. 
Vessels and persons permitted to enter the security zone must comply 
with all lawful orders or directions issued by the COTP Sector 
Charleston or a designated representative.
    (d) Enforcement period. This section will be enforced from February 
4, 2023, through February 18, 2023. It will be enforced every day from 
midnight to 11:59 p.m.
    (e) Information Broadcasts. The COTP Sector Charleston or a 
designated representative will inform the public of effective period 
for the temporary security zone as well as any changes in the dates and 
times of enforcement through local notice to mariners (LNMs), broadcast 
notice to mariners (BNMs), and/or marine safety information broadcasts 
(MSIBs), or as appropriate.

    Dated: February 4, 2023.
John D. Cole,
Captain, U.S. Coast Guard, Captain of the Port, Sector Charleston.
[FR Doc. 2023-02733 Filed 2-6-23; 11:15 am]
BILLING CODE 9110-04-P


