Rule2024-07235
Security Zone; Cooper River, 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
April 5, 2024
Effective
April 6, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary security zone for navigable waters of the Cooper River, in the vicinity of the Arthur Ravenel Jr. Bridge, in Mount Pleasant, SC. This security zone is necessary to provide for the security and protection of life of participants and spectators during the Cooper River Bridge Run event. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Charleston or a designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 67 (Friday, April 5, 2024)</title>
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[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Rules and Regulations]
[Pages 23914-23916]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07235]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0228]
RIN 1625-AA87
Security Zone; Cooper River, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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[[Page 23915]]
SUMMARY: The Coast Guard is establishing a temporary security zone for
navigable waters of the Cooper River, in the vicinity of the Arthur
Ravenel Jr. Bridge, in Mount Pleasant, SC. This security zone is
necessary to provide for the security and protection of life of
participants and spectators during the Cooper River Bridge Run event.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Charleston or a
designated representative.
DATES: This rule is effective from 7:30 a.m. through 10:30 a.m., on
April 6, 2024.
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-
2024-0228 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 about this rule,
call or email Marine Science Technician First Class Thomas J. Welker,
Sector Charleston, Waterways Management Division, U.S. Coast Guard;
telephone 843-740-3184, email <a href="/cdn-cgi/l/email-protection#92c6fafdfff3e1bcd8bcc5f7fef9f7e0d2e7e1f1f5bcfffbfe"><span class="__cf_email__" data-cfemail="df8bb7b0b2beacf195f188bab3b4baad9faaacbcb8f1b2b6b3">[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. The Coast Guard
did not receive the information required to develop and finalize plans
for an official patrol of the security zone in ample time to allow for
public comment for the Cooper River Bridge Run event scheduled on April
6, 2024. 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 to delay promulgating this rule, as it
is necessary to protect the safety of participants and spectators
participating in this event, and to mitigate potential subversive acts.
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 for the same reasons discussed
above.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70051 and 70124. The Captain of the Port (COTP) Charleston has
determined that the presence of persons under the protection of the
Coast Guard in the Sector Charleston COTP zone presents a potential
target for terrorist attack, sabotage, or other subversive acts,
accidents, or other causes of similar nature. The rule is needed to
protect persons under the protection of the Coast Guard, personnel in
and around the Cooper River Bridge Run event.
IV. Discussion of the Rule
This rule establishes a security zone in Mount Pleasant, SC, from
7:30 a.m. through 10:30 a.m. on April 6, 2024. The security zone would
cover all navigable waters of the Cooper River, in the vicinity of the
Arthur Ravenel Jr. Bridge.
Entry into this security zone is prohibited unless specifically
authorized by the Captain of the Port (COTP) or their designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the Coast Guard assigned to units under the
operational control of the Coast Guard Sector Charleston. Requests for
entry will be considered and reviewed on a case-by-case basis. The COTP
may be contacted by telephone at 843-740-3184 or can be reached by VHF-
FM channel 16. Persons and vessels permitted to enter these security
zones must transit at their slowest safe speed and comply with all
lawful directions issued by the COTP or their designated
representative.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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, duration, and time-of-year of the security zone. This
security zone will impact a small, designated area on the navigable
waters of Cooper River for approximately three hours during a time of
year when vessel traffic is normally low. To alleviate the effects of
this rule on the public, the COTP may elect to temporary suspend
enforcement of this security zone. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule allows vessels to seek permission to enter the 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
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
[[Page 23916]]
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 lasting only 3 hours that will prohibit entry into all
navigable waters of the Cooper River, in the vicinity of the Arthur
Ravenel Jr. Bridge. 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, 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.T07-0228 to read as follows:
Sec. 165.T07-0228 Security Zone; Cooper River Bridge Run, Charleston,
SC.
(a) Location. The following area is a security zone: 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]54'18'' 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 1984
World Geodetic System (WGS 84).
(b) 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 Captain of
the Port Sector Charleston (COTP) or the COTP's designated
representative.
(2) Vessels requiring entry into the security zone must request
permission from the COTP or a designated representative. To seek entry
into the security zone, contact the COTP or the COTP's representative
by telephone at 843-740-7050 or on VHF-FM channel 16.
(3) Persons and vessels permitted to enter the security zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(c) Definitions. As used in this section, designated representative
is a commissioned, warrant, or petty officer of the Coast Guard
assigned to units under the operational control of Coast Guard Sector
Charleston.
(d) Enforcement period. This section will be enforced from 7:30
a.m. through 10:30 a.m. on April 6, 2024.
Dated: April 1, 2024.
F.J. DelRosso,
Captain, U.S. Coast Guard, Captain of the Port Sector Charleston.
[FR Doc. 2024-07235 Filed 4-4-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on April 5, 2024.
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