Rule2023-02733
Security Zone; Atlantic Ocean; Surfside Beach, South Carolina
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
February 8, 2023
Effective
February 6, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 26 (Wednesday, February 8, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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: <a href="/cdn-cgi/l/email-protection#472377726a342a256a237224240732342420692a2e2b"><span class="__cf_email__" data-cfemail="0561353028766867286130666645707666622b686c69">[email protected]</span></a> and
<a href="/cdn-cgi/l/email-protection#bdeffefef0d4dcd0d4fdc8cededa93d0d4d1"><span class="__cf_email__" data-cfemail="8ad8c9c9c7e3ebe7e3cafff9e9eda4e7e3e6">[email protected]</span></a>.
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
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</html>Indexed from Federal Register on February 8, 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.