Rule2023-10084
Special Local Regulation; Wando River and Cooper River, Charleston and Mount Pleasant, SC
Primary source
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Published
May 11, 2023
Effective
May 13, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 91 (Thursday, May 11, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
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available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#96c2fef9fbf7e5b8fcb8e1f3fafdf3e4d6e3e5f5f1b8fbfffa"><span class="__cf_email__" data-cfemail="ce9aa6a1a3afbde0a4e0b9aba2a5abbc8ebbbdada9e0a3a7a2">[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 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).
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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
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