Rule2022-05779
Security Zone; Cooper River Bridge Run, Cooper River and Town Creek Reaches, Charleston, SC
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 21, 2022
Effective
April 2, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary security zone on certain waters of the Cooper River and Town Creek Reaches. This action is necessary to provide for the safety of life on these navigable waters near Charleston, South Carolina, during the Cooper River Bridge Run. This regulation prohibits 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.
Full Text
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<title>Federal Register, Volume 87 Issue 54 (Monday, March 21, 2022)</title>
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[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Rules and Regulations]
[Pages 15887-15889]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05779]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0174]
RIN 1625-AA87
Security Zone; Cooper River Bridge Run, Cooper River and Town
Creek Reaches, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone on
certain waters of the Cooper River and Town Creek Reaches. This action
is necessary to provide for the safety of life on these navigable
waters near Charleston, South Carolina, during the Cooper River Bridge
Run. This regulation prohibits 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.
DATES: This rule is effective from 7:30 a.m. to 11 a.m., on April 2,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0174 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Chad Ray, Sector Charleston
Waterways Management Division, Coast Guard; telephone (843) 740-3184,
email <a href="/cdn-cgi/l/email-protection#1b58737a7f355735497a625b6e68787c35767277"><span class="__cf_email__" data-cfemail="b2f1dad3d69cfe9ce0d3cbf2c7c1d1d59cdfdbde">[email protected]</span></a>.
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 and contrary to
the public interest. The primary justification for this action is that
the Coast Guard was given short notice from the event sponsor.
Therefore, 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 and contrary to the public
interest to delay promulgating this rule, as it is necessary to protect
the safety of participants, spectators, and vessels transiting near the
race area during the Cooper River Bridge 10-K Run 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 and contrary to the public interest
because the temporary security zone must be established on April 2,
2022 to ensure the safety of participants, spectators, and vessels
during the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP Charleston has determined that potential hazards
associated with the large number of participants and spectators during
the run will be a safety and security concern. The purpose of the rule
is to ensure the safety and security of participants, spectators, the
general public, vessels and the navigable waters in the security zone
before, during and after the scheduled race.
IV. Discussion of the Rule
This rule establishes a security zone from 7:30 a.m. to 11 a.m., on
April 2, 2022. The security zone will cover certain navigable waters of
the Cooper River and Town Creek Reaches in Charleston, South Carolina.
The duration of the zone is intended to ensure the safety and security
of the participants, spectators, and the general public during the
scheduled 7:30 a.m. to 11 a.m. race. No vessel or person will be
permitted to enter, transit through, anchor in or remain within the
security zone without obtaining permission from the COTP or a
designated representative. If authorization to enter, transit through,
anchor in, or remain within the security zone is granted by the COTP or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP or a
designated representative. The Coast Guard will provide notice of the
security zone by Local Notice to Mariners, Broadcast Notice to
Mariners, or by on-scene designated representatives.
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 following
reasons: (1) The security zone only being enforced for a total of three
and a half hours; (2) although persons and vessels may not enter,
transit through, anchor in, or remain within the zone without
authorization from the COTP or a designated representative, they may
operate in the surrounding area during the enforcement period; (3)
persons and vessels may still enter, transit through, anchor in, or
remain within the areas during the enforcement period if authorized by
the COTP or a designated representative; and (4) the Coast Guard
[[Page 15888]]
will provide advance notification of the zone to the local maritime
community by Broadcast Notice to Mariners, or by on-scene designated
representatives.
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
contact 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
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 that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within a limited area
surrounding the Cooper River Bridge on the waters of the Cooper River
and Town Creek Reaches during a race event lasting three and a half
hours. 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 contact 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; 46 U.S.C. 70051; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1, Revision No. 01.2.
0
2. Add Sec. 165. T07-0110 to read as follows:
Sec. 165.T07-0110 Security Zone; Cooper River Bridge Run, Charleston
SC.
(a) Location. 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]54'20'' 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 North American Datum 1983.
(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
[[Page 15889]]
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
Broadcast Notice to Mariners, or by on-scene designated
representatives.
(d) Enforcement Period. This rule will be enforced from 7:30 a.m.
until 11 a.m., on April 2, 2022.
Dated: March 12, 2022.
J.D. Cole,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2022-05779 Filed 3-18-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on March 21, 2022.
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