Security Zone; Cooper River; Charleston, SC, 8177-8180 [2020-02658]
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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.
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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:
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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.
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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:
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Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Rules and Regulations
I. Table of Abbreviations
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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.
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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
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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
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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.
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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,
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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
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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.
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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:
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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.
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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.
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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
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]]>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]
-----------------------------------------------------------------------
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
