Rule2024-28336
Safety Zone; Charleston Harbor, Charleston County, 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
December 4, 2024
Effective
December 4, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters of the Atlantic Ocean at the Charleston Harbor Entrance Channel, Charleston Harbor, and Cooper River, within a 100- yard radius of the M/V CAPE RACE 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 M/V CAPE RACE from the Charleston Harbor Entrance Channel to Detyens Shipyard on the Cooper River in North Charleston, SC. 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 89 Issue 233 (Wednesday, December 4, 2024)</title>
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[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Rules and Regulations]
[Pages 96101-96103]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28336]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-1023]
RIN 1625-AA00
Safety Zone; Charleston Harbor, Charleston County, 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 Atlantic Ocean at the Charleston Harbor
Entrance Channel, Charleston Harbor, and Cooper River, within a 100-
yard radius of the M/V CAPE RACE 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 M/V CAPE RACE from the Charleston Harbor Entrance
Channel to Detyens Shipyard on the Cooper River in North Charleston,
SC. Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector Charleston.
DATES: This rule is effective without actual notice from December 4
2024, through 8 p.m. December 4, 2024. For the purposes of enforcement,
actual notice will be used from 8 a.m. on November 28, 2024, through
December 4, 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-
2024-1023 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 Petty Officer First Class Thomas J. Welker, Sector
Charleston, Waterways Management Division, U.S. Coast Guard; telephone
(843) 740-3180 ext. 3339, email <a href="/cdn-cgi/l/email-protection#91e5f9fefcf0e2bffbbfe6f4fdfaf4e3d1e4e2f2f6bffcf8fd"><span class="__cf_email__" data-cfemail="5b2f3334363a287531752c3e37303e291b2e28383c75363237">[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 under the authority
in 5 U.S.C. 553(b)(B). This statutory 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
and contrary to the public interest.'' 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
lacks sufficient time to provide for a comment period and then consider
those comments before issuing the rule since this rule is needed by
November 28, 2024.
Also, 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 M/V CAPE RACE on or about November 28, 2024.
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 M/V CAPE RACE on or about November 28, 2024, 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 M/V CAPE RACE while transiting from the Charleston Harbor
Entrance Channel to berthing at Detyens Shipyards on the Cooper River
in North Charleston, SC.
IV. Discussion of the Rule
This rule establishes a temporary moving safety zone on or about
November 28, 2024, however the zone will only be enforced while the M/V
CAPE RACE is underway with supporting, towing vessels. The moving 100-
yard safety zone will be established for the M/V CAPE RACE and all
towing vessels supporting its operations during transiting from
Charleston Harbor Entrance Channel Buoy #6 in the Charleston Harbor
Entrance Channel to berthing at Detyens Shipyards on the Cooper River
in North Charleston, SC. The safety zone will only be enforced during
the towing operations, while the vessel is in transit. The safety zone
is needed to protect personnel, vessels, and the marine environment
from potential hazards created by the dead ship movement of M/V CAPE
RACE 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
[[Page 96102]]
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 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 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 Atlantic
Ocean at the Charleston Harbor Entrance Channel, Charleston Harbor, and
Cooper River within a 100-yard radius of the M/V CAPE RACE 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
safety 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
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
temporary, moving safety zone on waters of the Atlantic Ocean at the
Charleston Harbor Entrance Channel, Charleston Harbor, and Cooper
River, within a 100-yard radius of the vessel M/V CAPE RACE and all
towing vessels supporting its operations until the vessel completes
mooring at Detyens Shipyards on the Cooper River in North Charleston,
SC. 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:
[[Page 96103]]
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.T07-1023 to read as follows:
Sec. 165.T07-1023 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 Atlantic Ocean at the
Charleston Harbor Entrance Channel, Charleston Harbor, and Cooper
River, within a 100-yard radius of the M/V CAPE RACE and all towing
vessels supporting its operations, while transiting to berthing at
Detyens Shipyards on the Cooper River in North Charleston, SC.
(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 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
November 28, 2024. The moving zone will be enforced while M/V CAPE RACE
and all towing vessels supporting its operation are transiting, until
moored at Detyens Shipyards on the Cooper River in North Charleston,
SC.
Dated: November 26, 2024.
Francis J. DelRosso
Captain, U.S. Coast Guard Captain of the Port Charleston.
[FR Doc. 2024-28336 Filed 12-3-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on December 4, 2024.
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