Rule2023-01125
Safety Zone; Charleston Harbor, 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
January 23, 2023
Effective
January 23, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters of the Cooper River, Charleston Harbor, and Atlantic Ocean at the Charleston Harbor Entrance and Approach, Charleston Harbor, within a 100-yard radius of the vessel USNS Gordon and all towing vessels supporting its operations. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the dead ship movement of USNS Gordon from the Naval Weapons Station, Joint Base Charleston Transportation Core (TC) Dock or Wharf Alpha through the Charleston Harbor Entrance Channel. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Charleston.
Full Text
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<title>Federal Register, Volume 88 Issue 14 (Monday, January 23, 2023)</title>
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[Federal Register Volume 88, Number 14 (Monday, January 23, 2023)]
[Rules and Regulations]
[Pages 3926-3928]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01125]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0039]
RIN 1625-AA00
Safety Zone; Charleston Harbor, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Cooper River, Charleston Harbor, and Atlantic
Ocean at the Charleston Harbor Entrance and Approach, Charleston
Harbor, within a 100-yard radius of the vessel USNS Gordon and all
towing vessels supporting its operations. The safety zone is needed to
protect personnel, vessels, and the marine environment from potential
hazards created by the dead ship movement of USNS Gordon from the Naval
Weapons Station, Joint Base Charleston Transportation Core (TC) Dock or
Wharf Alpha through the Charleston Harbor Entrance Channel. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Charleston.
[[Page 3927]]
DATES: This rule is effective without actual notice from January 23,
2023 through January 24, 2023. For the purposes of enforcement, actual
notice will be used from January 12, 2023, until January 23, 2023.
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-
2023-0039 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) 740-3186, email
<a href="/cdn-cgi/l/email-protection#47332f282a2634692d6930222b2c22350732342420692a2e2b"><span class="__cf_email__" data-cfemail="94e0fcfbf9f5e7bafebae3f1f8fff1e6d4e1e7f7f3baf9fdf8">[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 doing so would be impracticable. The
Coast Guard lacks sufficient time to provide for a comment period and
then consider those comments before issuing the rule since this rule is
needed by January 12, 2023. It would be contrary to the public interest
since immediate action is necessary to protect the safety of the
public, and vessels transiting the waters of the Cooper River,
Charleston Harbor, and the Atlantic Ocean at the Charleston Harbor
Entrance and Approach during the dead ship movement of USNS Gordon.
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
minimize the potential safety hazards associated with the dead ship
movement of the USNS Gordon.
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 Charleston (COTP) has determined that
potential hazards associated with the dead ship movement and berthing
of USNS Gordon on January 12, 2023 (or on a contingency date prior
January 25, 2023), will be a safety concern for anyone within a 100-
yard radius of vessel and any towing vessels supporting the operation.
This rule is needed to protect personnel, vessels, and the marine
environment during the dead ship movement of the USNS Gordon while
outbound from berthing at the Naval Weapons Station, Joint Base
Charleston Transportation Core (TC) Dock or Wharf Alpha, on the Cooper
River in Goose Creek, SC to sea.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on January 12, 2023
through January 24, 2023, however the zone will only be enforced while
the USNS Gordon is underway with supporting, towing vessles. The moving
100-yard safety zone will be established for the the USNS Gordon and
all towing vessels supporting its operations during transit from berth
at the Naval Weapons Station, Joint Base Charleston Transportation Core
(TC) Dock or Wharf Alpha on the Cooper River in Goose Creek, SC to the
Charleston Harbor Entrance Channel Buoy #6. The safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards created by the dead ship movement of USNS Gordon
while transiting the Charleson Harbor area. 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 the size,
location, and scope of the safety zone. The zone is limited in size,
location, and duration as it will cover all navigable waters of the
Cooper River, Charleston Harbor, and Atlantic Ocean at the Charleston
Harbor Entrance and Approach within a 100-yard radius of the vessel
USNS Gordon and any towing vessels supporting the operation. The zone
is limited in scope as vessel traffic may be able to safely transit
around this safety zone and vessels may seek permission from the COTP
to enter the zone. The zone is limited in duration in that it will be
enforced for no more than eight hours. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the safety zone.
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
[[Page 3928]]
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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.
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 Safety
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
temporary, moving safety zone on waters of the Cooper River, Charleston
Harbor, and Atlantic Ocean at the Charleston Harbor Entrance and
Approach, within a 100-yard radius of the vessel USNS Gordon and all
towing vessels supporting its operations until the vessel proceeds
seaward of the Charleston Harbor Entrance Channel Buoy #6. This zone is
not expected to last more than eight 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 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, Safety 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, 160.5; and Department of Homeland Safety Delegation No. 00170.1,
Revision No. 01.2.
0
2. Add Sec. 165.T07-0039 to read as follows:
Sec. 165.T07-0039 Safety Zone; Charleston Harbor, Charleston, SC
(a) Location. The following is a safety zone: The moving safety
zone will include all navigable waters of the Cooper River, Charleston
Harbor, and the Atlantic Ocean at the Charleston Harbor Entrance and
Approach, within a 100-yard radius of the vessel USNS Gordon and all
towing vessels supporting its operations, while transiting outbound
until the vessel proceeds seaward of the Charleston Harbor Entrance
Channel Buoy #6.
(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) in the enforcement of the safety zone.
(c) Regulations. (1) No person or vessel will be permitted to
enter, transit, anchor, or remain within the safety zone described in
paragraph (a) of this section unless authorized by the COTP Charleston
or a designated representative. If authorization is granted, persons
and/or vessels receiving such authorization must comply with the
instructions of the COTP Charleston or designated representative.
(2) Persons who must notify or request authorization from the COTP
Charleston may do so by telephone at (843) 740-7050, or may contact a
designated representative via VHF radio on channel 16.
(d) Effective and enforcement period. This section is effective on
January 12, through January 24, 2023. The moving zone will be enforced
while USNS Gordon and all towing vessels supporting its operations are
transiting, until seaward of the Charleston Harbor Entrance Channel
Buoy #6.
Dated: January 11, 2023.
John D. Cole,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2023-01125 Filed 1-20-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on January 23, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.