Security Zone; Cooper River; Charleston, SC, 8177-8180 [2020-02658]

Download as PDF Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Rules and Regulations responsibilities between the Federal Government and Indian tribes. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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 safety zone lasting 7 days that will prohibit entry into the area during lightering efforts. It is categorically excluded from further review under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. 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. jbell on DSKJLSW7X2PROD with RULES 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: VerDate Sep<11>2014 17:58 Feb 12, 2020 Jkt 250001 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, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T14–0113 to read as follows: ■ § 165.T14–0113 Safety Zone; Pacific Ocean, Hilo Harbor, HI—Lightering Operations. (a) Location. The safety zone is located within the Captain of the Port (COTP) Zone (see 33 CFR 3.70–10) and will encompass all navigable waters extending 100 yards in all directions from position: 19°44′41.17″ N; 155°05′24.23″ W. This zone extends from the surface of the water to the ocean floor. (b) Regulations. The general regulations governing safety zones contained in § 165.23 apply to the safety zone created by this section. (1) All persons are required to comply with the general regulations governing safety zones found in this part. (2) Entry into or remaining in this zone is prohibited unless expressly authorized by the COTP or his designated representative. (3) Persons desiring to transit the safety zone identified in paragraph (a) of this section may contact the COTP at the Command Center telephone number (808) 842–2600 and (808) 842–2601, fax (808) 842–2642 or on VHF channel 16 (156.8 Mhz) to seek permission to transit the zone. If permission is granted, all persons and vessels must comply with the instructions of the COTP or his designated representative and proceed at the minimum speed necessary to maintain a safe course while in the zone. (4) The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (c) Notice of enforcement. The COTP Honolulu will cause Notice of the Enforcement of the safety zone described in this section to be made by broadcast to the maritime community via marine safety broadcast notice to mariners on VHF channel 16 (156.8 MHz). (d) Definitions. As used in this section, designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the COTP to assist in enforcing the safety zone described in paragraph (a) of this section. PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 8177 (e) Enforcement period. This section will be enforced from February 6, 2020, through 8 p.m. on February 13, 2020. If the safety zone is terminated prior to 8 p.m. on February 13, 2020, the Coast Guard will provide notice via a broadcast notice to mariners. Dated: February 6, 2020. A.B. Avanni, Captain, U.S. Coast Guard, Captain of the Port Honolulu. [FR Doc. 2020–02760 Filed 2–12–20; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0933] RIN 1625–AA87 Security Zone; Cooper River; Charleston, SC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary security zone on certain navigable waters of the Cooper River within a 500-yard radius of the South Carolina State Port Authority Cruise Ship Terminal in Charleston, SC during a visit by the Commandant of the United States Coast Guard. This action is necessary to protect personnel from potential hazards and security risk associated with the Commandant’s speaking engagement. This regulation prohibits persons and vessels from entering, transiting through, anchoring in, or remaining within the security zone unless authorized by the Captain of the Port Charleston (COTP) or a designated representative. DATES: This rule is effective from 10:30 a.m. to 3:30 p.m. on February 20, 2020. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0933 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions about this rulemaking, call or email Lieutenant Chad Ray, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740–3184, email Chad.L.Ray@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\13FER1.SGM 13FER1 8178 Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Rules and Regulations I. Table of Abbreviations jbell on DSKJLSW7X2PROD with RULES CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History On November 18, 2019, Sector Charleston personnel were notified that the Commandant of the U.S. Coast Guard will give the State of the Coast Guard Address at the South Carolina State Port Authority Cruise Ship Terminal on the Cooper River in Charleston, SC. In response, on January 6, 2020, the Coast Guard published a notice of proposed rulemaking (NPRM) titled ‘‘Security Zone; Cooper River; Charleston, SC’’ (85 FR 271, Docket Number USCG–2019–0933). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this security zone. During the comment period that ended January 21, 2020, we received no comments. However, after the coment period ended, Sector Charleston was notified that additional dignitaries would be present before, during and after the State of the Coast Guard Address. This will require the duration of the security zone to be expanded by 3 hours. Therefore, the Coast Guard is issuing this temporary rule for this security zone that expands the security zone by 3 hours contained in the NPRM 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 NPRM with respect to this rule that expands the time of the proposed original security zone by 3 hours because it would be impractical to publish an NPRM for this change because we must establish this security zone by Febuary 20 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. The security zone will impact waters of the Cooper River in Charleston, SC. The Captain of the Port Charleston (COTP) has determined that potential hazards associated with the event would be a security concern for participants, spectators, and others on the navigable waters around the event. VerDate Sep<11>2014 17:58 Feb 12, 2020 Jkt 250001 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 and contrary to public interest because immediate action is needed based on numerous agencies previously agreeing on the date of February 20, 2020 and logistical steps have be taken to facilitiate the event taking place on this date. The security zone is necessary to ensure the safety of the event participants, as well as spectators. representative. The COTP will provide notice of the security zone by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. The regulatory text appears at the end of this document. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port Charleston (COTP) has determined that there are potential security risks associated with the Commandant’s speaking engagement. The purpose of this rule is to ensure safety and security of vessels and the navigable waters in the safety zone before, during, and after the scheduled event. 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. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on: (1) Persons and vessels may enter, transit through, anchor in, or remain within the regulated area during the enforcement periods if authorized by Sector Charleston COTP or a designated representative; (2) vessels not able to enter, transit through, anchor in, or remain within the regulated area without authorization from Sector Charleston COTP or a designated representative may operate in the surrounding areas during the enforcement period; (3) the Coast Guard will provide advance notification of the safety zone to the local maritime community by Local Notice to Mariners and Broadcast Notice to Mariners; and (4) the regulated area will be limited in time, scope, and only impact small designated areas of the Cooper River. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published on January 6, 2020. However, there is one change in the regulatory text of this rule from the proposed rule in the NPRM to account for the additional time needed to secure the area during the presence of dignitaries that will be in attendance before, during and after the State of the Coast Guard. This rule establishes a security zone from 10:30 a.m. to 3:30 p.m. on February 20, 2020. The security zone will cover all navigable waters within a 500-yard radius of the South Carolina State Port Authority Cruise Ship Terminal in Charleston, SC. The duration of the zone is intended to ensure the security of persons, vessels, and these navigable waters before, during, and after the scheduled address. No vessels or person would be permitted to enter the security zone without obtaining permission from the COTP or a designated representative. Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated area may contact the COTP by telephone at (843) 740– 7050, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain within the regulated area is granted, all persons and vessels receiving such authorization must comply with the instructions of the COTP or a designated PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 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. 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 received no comments E:\FR\FM\13FER1.SGM 13FER1 Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Rules and Regulations from the Small Business Administration on this rulemaking. 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. jbell on DSKJLSW7X2PROD with RULES 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, VerDate Sep<11>2014 17:58 Feb 12, 2020 Jkt 250001 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 implication for federalism or Indian tribes, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. 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 five hour security zone that will prohibit persons and vessels from entering, transiting through, anchoring in, or remaining within a limited area on the Cooper River during the State of the Coast Guard Address by Commandant of the U.S. Coast Guard. 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. PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 8179 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 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 Security Delegation No. 0170.1. 2. Add § 165.T07–0933 to read as follows: ■ § 165.T07–0933 Security Zone; Cooper River, Charleston, SC. (a) Location. All waters of the Cooper River within a 500-yard radius the South Carolina State Port Authority Cruise Ship Terminal in 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) Charleston in the enforcement of the regulated areas. (c) Regulations. (1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the COTP Charleston or a designated representative. (2) Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated area may contact the COTP Charleston by telephone at 843–740–7050, or a designated representative via VHF radio on channel 16, to request authorization. If authorization is granted, all persons and vessels receiving such authorization must comply with the instructions of the COTP Charleston or a designated representative. (3) The Coast Guard will provide notice of the regulated area by Marine Safety Information Bulletins, Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. (d) Enforcement period. This section will be enforced from 10:30 a.m. to 3:30 p.m. on February 20, 2020. E:\FR\FM\13FER1.SGM 13FER1 8180 Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Rules and Regulations Dated: February 5, 2020. J.W. Reed, Captain, U.S. Coast Guard, Captain of the Port Charleston. Regulatory Certifications Forest Service Eligible lands for sale, exchange, or interchange included National Forest System lands encumbered by an encroachment like a shed, house, or fence; roads or road rights-of-way in excess of Forest Service transportation needs; and ‘‘mineral survey fractions,’’ small parcels of National Forest System lands interspersed with or adjacent to lands transferred out of Federal ownership under the mining laws. 36 CFR Part 254 Discussion of Amendments to the Small Tracts Act The final rule has been reviewed in accordance with E.O. 13771 on reducing regulation and controlling regulatory costs, and is considered an E.O. deregulatory action. [FR Doc. 2020–02658 Filed 2–12–20; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF AGRICULTURE RIN 0596–AD40 Conveyance of Small Tracts Forest Service, USDA. Final rule. AGENCY: ACTION: The United States Department of Agriculture (USDA), Forest Service is revising regulations to implement certain changes to the Small Tracts Act, enacted in the Agriculture Improvement Act of 2018, also known as the 2018 Farm Bill. These statutory changes raise the value limit of tracts to be conveyed outside of the National Forest System under the Small Tracts Act from $150,000 to $500,000, and create a new conveyance category for parcels used as landfills, sewage treatment plants, or cemeteries under a Forest Service special use or other authorization. The changes also direct funds received from the conveyance of certain eligible lands to the Sisk Act fund available to the Secretary of Agriculture. These amendments to the Small Tracts Act are expected to provide the Forest Service with more flexibility for resolving property conflicts with private landowners and alleviate management burden and expense to the Forest Service. SUMMARY: This final rule is effective February 13, 2020. DATES: Brad Tait, by phone at 971–806–2199, or via email at bradley.tait@usda.gov. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: jbell on DSKJLSW7X2PROD with RULES FOR FURTHER INFORMATION CONTACT: Background Public Law 97–465, commonly known as the Small Tracts Act (16 U.S.C. 521c– 521i), was enacted in 1983 to help the Forest Service resolve land disputes and boundary management problems for parcels that generally were small in scale (less than ten acres) with land values that did not exceed $150,000. VerDate Sep<11>2014 17:58 Feb 12, 2020 Jkt 250001 The Small Tracts Act was amended by Section 8621 of the Agriculture Improvement Act of 2018, also known as the 2018 Farm Bill (Pub. L. 115–334). The provisions included in this final rule implement statutory provisions of the 2018 Farm Bill that are entirely nondiscretionary. The 2018 Farm Bill increases the value limit of eligible parcels from $150,000 to $500,000. This modernizes the land value limit, allowing the Forest Service to continue conveying eligible parcels consistent with the intent of the original Act. This final rule implements this increase by revising paragraph (c) of 36 CFR 254.35. The 2018 Farm Bill also adds a new category for parcels used as cemeteries, landfills, or sewage treatment plants authorized under a special use authorization or other authorization by the Secretary. This allows adjacent communities to have full control over these facilities presently located and permitted on Forest Service land. Currently, communities may only address this situation through special legislation or a land exchange, which can be lengthy and difficult processes. This final rule implements this provision by adding a new paragraph (c) to 36 CFR 254.32. The 2018 Farm Bill amendments provide that funds received from the conveyance of certain eligible lands shall be deposited into the Sisk Act fund (16 U.S.C. 484a) available to the Secretary of Agriculture. The Secretary may use such funds to acquire land or interests in land for the National Forest System in the State from which the amounts were derived, including, but not limited to, land for administrative sites and recreational access. This final rule implements this provision by adding a new 36 CFR 254.38. Finally, this final rule revises 36 CFR 254.36(a) to refer to ‘‘[a]ll pertinent requirements of this subpart’’ rather than to requirements of individual subsections of this subpart, which have been changed by the above revisions made by this final rule. PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 Executive Order 12866 Executive Order (E.O.) 12866 provides that the Office of Information and Regulatory Affairs (OIRA) will review all significant rules. OIRA has determined that this final rule is not significant. Executive Order 13771 Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), OIRA designated this rule as not a major rule, as defined by 5 U.S.C. 804(2). Regulatory Flexibility Act Analysis The Agency has considered the final rule under the requirements of the Regulatory Flexibility Act (5 U.S.C. 602 et seq.). This final rule would not have any direct effect on small entities as defined by the Regulatory Flexibility Act. The final rule would not impose recordkeeping requirements on small entities; would not affect their competitive position in relation to large entities; and would not affect their cash flow, liquidity, or ability to remain in the market. Therefore, the Forest Service has determined that this final rule would not have a significant economic impact on a substantial number of small entities pursuant to the Regulatory Flexibility Act. Federalism The Agency has considered this final rule under the requirements of E.O. 13132, Federalism. The Agency has concluded that the final rule conforms with the federalism principles set out in this E.O.; would not impose any compliance costs on the States; and would not have substantial direct effects on the States, on the relationship between the Federal Government and the States, nor on the distribution of power and responsibilities among the various levels of government. Therefore, the Agency concludes that this final rule does not have federalism implications. Consultation With Tribal Governments Tribal consultation is not required for the revisions to the Small Tracts Act regulations effected in this final rule. The changes are not subject to interpretation or further definition. Local notification requirements to Tribes and other individuals for land E:\FR\FM\13FER1.SGM 13FER1

Agencies

[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Rules and Regulations]
[Pages 8177-8180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02658]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0933]
RIN 1625-AA87


Security Zone; Cooper River; Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone on 
certain navigable waters of the Cooper River within a 500-yard radius 
of the South Carolina State Port Authority Cruise Ship Terminal in 
Charleston, SC during a visit by the Commandant of the United States 
Coast Guard. This action is necessary to protect personnel from 
potential hazards and security risk associated with the Commandant's 
speaking engagement. This regulation prohibits persons and vessels from 
entering, transiting through, anchoring in, or remaining within the 
security zone unless authorized by the Captain of the Port Charleston 
(COTP) or a designated representative.

DATES: This rule is effective from 10:30 a.m. to 3:30 p.m. on February 
20, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0933 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email Lieutenant Chad Ray, Sector Charleston Office 
of Waterways Management, Coast Guard; telephone (843) 740-3184, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 8178]]

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

    On November 18, 2019, Sector Charleston personnel were notified 
that the Commandant of the U.S. Coast Guard will give the State of the 
Coast Guard Address at the South Carolina State Port Authority Cruise 
Ship Terminal on the Cooper River in Charleston, SC. In response, on 
January 6, 2020, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Security Zone; Cooper River; Charleston, 
SC'' (85 FR 271, Docket Number USCG-2019-0933). There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory action 
related to this security zone. During the comment period that ended 
January 21, 2020, we received no comments. However, after the coment 
period ended, Sector Charleston was notified that additional 
dignitaries would be present before, during and after the State of the 
Coast Guard Address. This will require the duration of the security 
zone to be expanded by 3 hours. Therefore, the Coast Guard is issuing 
this temporary rule for this security zone that expands the security 
zone by 3 hours contained in the NPRM 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 NPRM with respect to this rule that 
expands the time of the proposed original security zone by 3 hours 
because it would be impractical to publish an NPRM for this change 
because we must establish this security zone by Febuary 20 and lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule. The security zone will 
impact waters of the Cooper River in Charleston, SC. The Captain of the 
Port Charleston (COTP) has determined that potential hazards associated 
with the event would be a security concern for participants, 
spectators, and others on the navigable waters around the 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 and contrary to public interest 
because immediate action is needed based on numerous agencies 
previously agreeing on the date of February 20, 2020 and logistical 
steps have be taken to facilitiate the event taking place on this date. 
The security zone is necessary to ensure the safety of the event 
participants, as well as spectators.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Charleston 
(COTP) has determined that there are potential security risks 
associated with the Commandant's speaking engagement. The purpose of 
this rule is to ensure safety and security of vessels and the navigable 
waters in the safety zone before, during, and after the scheduled 
event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
January 6, 2020. However, there is one change in the regulatory text of 
this rule from the proposed rule in the NPRM to account for the 
additional time needed to secure the area during the presence of 
dignitaries that will be in attendance before, during and after the 
State of the Coast Guard.
    This rule establishes a security zone from 10:30 a.m. to 3:30 p.m. 
on February 20, 2020. The security zone will cover all navigable waters 
within a 500-yard radius of the South Carolina State Port Authority 
Cruise Ship Terminal in Charleston, SC. The duration of the zone is 
intended to ensure the security of persons, vessels, and these 
navigable waters before, during, and after the scheduled address. No 
vessels or person would be permitted to enter the security zone without 
obtaining permission from the COTP or a designated representative. 
Persons and vessels desiring to enter, transit through, anchor in, or 
remain within the regulated area may contact the COTP by telephone at 
(843) 740-7050, or a designated representative via VHF radio on channel 
16, to request authorization. If authorization to enter, transit 
through, anchor in, or remain within the regulated area is granted, all 
persons and vessels receiving such authorization must comply with the 
instructions of the COTP or a designated representative. The COTP will 
provide notice of the security zone by Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives. 
The regulatory text appears at the end of this document.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on: (1) Persons and 
vessels may enter, transit through, anchor in, or remain within the 
regulated area during the enforcement periods if authorized by Sector 
Charleston COTP or a designated representative; (2) vessels not able to 
enter, transit through, anchor in, or remain within the regulated area 
without authorization from Sector Charleston COTP or a designated 
representative may operate in the surrounding areas during the 
enforcement period; (3) the Coast Guard will provide advance 
notification of the safety zone to the local maritime community by 
Local Notice to Mariners and Broadcast Notice to Mariners; and (4) the 
regulated area will be limited in time, scope, and only impact small 
designated areas of the Cooper River.

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 received no comments

[[Page 8179]]

from the Small Business Administration on this rulemaking. 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. If 
you believe this rule has implication for federalism or Indian tribes, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section.

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 five 
hour security zone that will prohibit persons and vessels from 
entering, transiting through, anchoring in, or remaining within a 
limited area on the Cooper River during the State of the Coast Guard 
Address by Commandant of the U.S. Coast Guard. 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, 160.5; and Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T07-0933 to read as follows:


Sec.  165.T07-0933   Security Zone; Cooper River, Charleston, SC.

    (a) Location. All waters of the Cooper River within a 500-yard 
radius the South Carolina State Port Authority Cruise Ship Terminal in 
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) Charleston in the enforcement of the 
regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the COTP Charleston or a designated 
representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the COTP Charleston 
by telephone at 843-740-7050, or a designated representative via VHF 
radio on channel 16, to request authorization. If authorization is 
granted, all persons and vessels receiving such authorization must 
comply with the instructions of the COTP Charleston or a designated 
representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Marine Safety Information Bulletins, Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement period. This section will be enforced from 10:30 
a.m. to 3:30 p.m. on February 20, 2020.


[[Page 8180]]


    Dated: February 5, 2020.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2020-02658 Filed 2-12-20; 8:45 am]
 BILLING CODE 9110-04-P