[Federal Register Volume 88, Number 91 (Thursday, May 11, 2023)]
[Rules and Regulations]
[Pages 30229-30231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10084]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0374]
RIN 1625-AA08


Special Local Regulation; Wando River and Cooper River, 
Charleston and Mount Pleasant, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for the Lowcountry Splash on certain navigable waters of the 
Wando River and Cooper River in Charleston and Mount Pleasant, SC. This 
action is necessary to provide for the safety of life on navigable 
waters during this open water swim event. This regulation restricts 
persons and vessels from entering certain waters of the Wando River and 
Cooper River, unless authorized by the Captain of the Port (COTP) 
Charleston or a designated represented.

DATES: This rule is effective from 7 a.m. through 11 a.m. on May 13, 
2023.

ADDRESSES: To view documents mentioned in this preamble as being

[[Page 30230]]

available in the docket, go to https://www.regulations.gov, type USCG-
2023-0374 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 MST1 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 doing so would be impracticable and 
contrary to the public interest. This regulation is typically enforced 
annually under Sec.  100.704 of this part. However, this year the event 
will take place one week prior to the dates published in Table 1 to 
Sec.  100.704. The Coast Guard and the event sponsor did not identify 
this change until the days before the event, therefore the Coast Guard 
does not have adequate time to publish an NPRM and consider public 
comments before the event. Furthermore, we must establish this special 
local regulation by May 13, 2023, because it is necessary to protect 
the safety of the public, and event participants in the waters of the 
Wando River and Cooper River during the swim event.
    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. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
protect the safety of the public, and event participants in the waters 
of the Wando River and Cooper River during the swim event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Captain of the Port Charleston (COTP) has determined that 
potential hazards associated with the Lowcountry Splash swim event on 
May 13, 2023, present a safety concern for participants and non-
participant vessels transiting in the vicinity during the event. This 
rule is needed to protect participants and the general public within 
the regulated area during the event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 7 a.m. until 
11 a.m. on May 13, 2023. The special local regulation will cover all 
navigable waters extending 50-yards in front and behind, and 100-yards 
on either side of event participants and safety vessels. The duration 
of the zone is intended to protect participants and the general public 
within the regulated area during the event. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

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 (1) Non-
participant vessels will be able to transit surrounding areas as the 
regulated area will only impact a small portion of the Wando River and 
Cooper River; (2) Non-participant vessels may enter, transit through, 
anchor in, or remain within the regulated area during the enforcement 
period if authorized by the COTP or a designated representative; (3) 
the Coast Guard will provide advance notification of the special local 
regulation to the local maritime community by Marine Safety Information 
Bulletin and safety information broadcast; and (4) the regulated area 
is limited in duration in that it will be enforced for no more than 
four hours.

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 
regulated area 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).

[[Page 30231]]

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 
special local regulation lasting four hours. It is categorically 
excluded from further review under paragraph L61 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 1. A Memorandum for the 
Record 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 100

    Harbors, Marine safety, Navigation (water), Security measures, 
Security.

    For the reasons stated in the preamble, the Coast Guard is amending 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T07-0374 to read as follows:


Sec.  100.T07-0374  Lowcountry Splash, Wando River and Cooper River, 
Charleston and Mount Pleasant, SC.

    (a) Regulated area. The regulations in this section apply to the 
following area: All waters of 50-yards in front of lead safety vessel 
preceding the first swim participants, 50-yards behind the safety 
vessel trailing the last swim participants, and at all times extending 
100-yards on either side of safety vessels and swim participants. The 
Lowcountry Splash swim event begins on the Wando River, on Daniel 
Island, Charleston, SC, and finishes at the Harbor Resort Marina on the 
Cooper River in Mount Pleasant, SC.
    (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 
designated by or assisting the Captain of the Port Charleston (COTP) in 
the enforcement of the regulations in this section.
    Participant means all persons and vessels registered with the event 
sponsor as a participants in the race.
    (c) Regulations. (1) All non-participants are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area described in paragraph (a) of this section unless 
authorized by the Captain of the Port Charleston or their designated 
representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by telephone at 843-740-7050, or a designated 
representative via VHF radio on channel 16. Those in the regulated area 
must comply with all lawful orders or directions given to them by the 
COTP or the designated representative.
    (3) The COTP will provide notice of the regulated area through 
advanced notice via broadcast notice to mariners and by on-scene 
designated representatives.
    (d) Enforcement period. This section will be enforced from 7 a.m. 
to 11 a.m. on May 13, 2023.

    Dated: May 5, 2023.
F.J. DelRosso,
Captain, U.S. Coast Guard, Captain of the Port Sector Charleston.
[FR Doc. 2023-10084 Filed 5-10-23; 8:45 am]
BILLING CODE 9110-04-P


