Security Zone; Cooper River Bridge Run, Cooper River and Town Creek Reaches, Charleston, SC, 15887-15889 [2022-05779]
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Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations
PART 846—INDIVIDUAL CIVIL
PENALTIES
9. The authority citation for part 846
continues to read as follows:
■
Authority: 28 U.S.C. 2461, 30 U.S.C. 1201
et seq., and 31 U.S.C. 3701.
10. In § 846.14, revise the first
sentence of paragraph (b) to read as
follows:
■
§ 846.14
*
*
*
*
*
(b) The penalty will not exceed
$18,391 for each violation. * * *
[FR Doc. 2022–05624 Filed 3–18–22; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0174]
RIN 1625–AA87
Security Zone; Cooper River Bridge
Run, Cooper River and Town Creek
Reaches, Charleston, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary security zone
on certain waters of the Cooper River
and Town Creek Reaches. This action is
necessary to provide for the safety of life
on these navigable waters near
Charleston, South Carolina, during the
Cooper River Bridge Run. 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 7:30
a.m. to 11 a.m., on April 2, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0174 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 on this rule, call or
email Lieutenant Commander Chad Ray,
Sector Charleston Waterways
Management Division, Coast Guard;
telephone (843) 740–3184, email
Chad.L.Ray@uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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Jkt 256001
I. Table of Abbreviations
IV. Discussion of the Rule
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
This rule establishes a security zone
from 7:30 a.m. to 11 a.m., on April 2,
2022. The security zone will cover
certain navigable waters of the Cooper
River and Town Creek Reaches in
Charleston, South Carolina. The
duration of the zone is intended to
ensure the safety and security of the
participants, spectators, and the general
public during the scheduled 7:30 a.m. to
11 a.m. race. No vessel or person will
be permitted to enter, transit through,
anchor in or remain within the security
zone without obtaining permission from
the COTP or a designated
representative. If authorization to enter,
transit through, anchor in, or remain
within the security zone is granted by
the COTP or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP or a designated representative.
The Coast Guard will provide notice of
the security zone by Local Notice to
Mariners, Broadcast Notice to Mariners,
or by on-scene designated
representatives.
II. Background Information and
Regulatory History
Amount of individual civil penalty.
15887
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable and contrary to the public
interest. The primary justification for
this action is that the Coast Guard was
given short notice from the event
sponsor. Therefore, the Coast Guard
lacks sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule. It would be impracticable and
contrary to the public interest to delay
promulgating this rule, as it is necessary
to protect the safety of participants,
spectators, and vessels transiting near
the race area during the Cooper River
Bridge 10–K Run 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 the public interest because
the temporary security zone must be
established on April 2, 2022 to ensure
the safety of participants, spectators,
and vessels during the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
COTP Charleston has determined that
potential hazards associated with the
large number of participants and
spectators during the run will be a
safety and security concern. The
purpose of the rule is to ensure the
safety and security of participants,
spectators, the general public, vessels
and the navigable waters in the security
zone before, during and after the
scheduled race.
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Fmt 4700
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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.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the following reasons: (1)
The security zone only being enforced
for a total of three and a half hours; (2)
although persons and vessels may not
enter, transit through, anchor in, or
remain within the zone without
authorization from the COTP or a
designated representative, they may
operate in the surrounding area during
the enforcement period; (3) persons and
vessels may still enter, transit through,
anchor in, or remain within the areas
during the enforcement period if
authorized by the COTP or a designated
representative; and (4) the Coast Guard
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15888
Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations
will provide advance notification of the
zone to the local maritime community
by Broadcast Notice to Mariners, or by
on-scene designated representatives.
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B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the security
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact 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,
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17:50 Mar 18, 2022
Jkt 256001
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.
see the ADDRESSES section of this
preamble
E. Unfunded Mandates Reform Act
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
security zone that will prohibit persons
and vessels from entering, transiting
through, anchoring in, or remaining
within a limited area surrounding the
Cooper River Bridge on the waters of the
Cooper River and Town Creek Reaches
during a race event lasting three and a
half 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,
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact 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:
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034; 46 U.S.C.
70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; Department of Homeland Security
Delegation No. 0170.1, Revision No. 01.2.
2. Add § 165. T07–0110 to read as
follows:
■
§ 165.T07–0110 Security Zone; Cooper
River Bridge Run, Charleston SC.
(a) Location. All waters of the Cooper
River, and Town Creek Reaches
encompassed within the following
points: Beginning at 32°48′32″ N,
079°56′08″ W, thence east to 32°48′20″
N, 079°54′20″ W, thence south to
32°47′20″ N, 079°54′29″ W, thence west
to 32°47′20″ N, 079°55′28″ W, thence
north to origin. All coordinates are
North American Datum 1983.
(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
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Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations
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 Broadcast
Notice to Mariners, or by on-scene
designated representatives.
(d) Enforcement Period. This rule will
be enforced from 7:30 a.m. until 11 a.m.,
on April 2, 2022.
Dated: March 12, 2022.
J.D. Cole,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2022–05779 Filed 3–18–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Part 361
[Docket ID ED–2019–OSERS–0140]
State Vocational Rehabilitation
Services Program
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final interpretation.
AGENCY:
The U.S. Department of
Education (Department) issues this final
notification of interpretation (NOI) in
response to comments made on the NOI
published in the Federal Register on
February 28, 2020. That NOI became
effective on the date it was issued and
clarified current policy regarding the
permissibility of using funds reserved
for pre-employment transition services
for auxiliary aids and services, and it
announced a change in policy regarding
the use of Federal vocational
rehabilitation (VR) funds reserved for
the provision of pre-employment
transition services. The Department’s
policy expressed in this final NOI is
unchanged from that in the NOI
published on February 28, 2020.
DATES: This final interpretation is
issued: March 21, 2022. Pursuant to the
NOI, this interpretation is applicable as
of February 28, 2020.
FOR FURTHER INFORMATION CONTACT:
Carol Dobak, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 5153, Potomac Center Plaza,
Washington, DC 20202–0001.
Telephone: (202) 245–7325. Email:
Carol.Dobak@ed.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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Background
The amendments to the Rehabilitation
Act of 1973 (Rehabilitation Act) made
by title IV of the Workforce Innovation
and Opportunity Act (WIOA) place
heightened emphasis on the provision
of services to students and youth with
disabilities to ensure that they have
meaningful opportunities to receive the
training and other services they need to
achieve employment outcomes in
competitive integrated employment.
The Rehabilitation Act, as amended by
WIOA, expanded not only the
population of students with disabilities
who may receive services under the VR
program but also the kinds of services
the designated State units (DSUs) may
provide to these students with
disabilities who are transitioning from
school to postsecondary education and
employment.
Most notably, section 110(d)(1) of the
Rehabilitation Act and 34 CFR
361.65(a)(3)(i) requires States to reserve
at least 15 percent of their Federal VR
grant for the provision of preemployment transition services. Section
113(a) of the Rehabilitation Act and 34
CFR 361.48(a) require DSUs for the VR
program to use the reserved funds to
provide, or arrange for the provision of,
pre-employment transition services to
all students with disabilities in need of
such services who are eligible or
potentially eligible for services under
the VR program.
Section 113(b) of the Rehabilitation
Act and 34 CFR 361.48(a)(2) list the five
required pre-employment transition
services that DSUs, in collaboration
with local educational agencies (LEAs),
must make available to students with
disabilities in need of these services.
These services are—
• Job exploration counseling;
• Work-based learning experiences,
which may include in-school or after
school opportunities, or experience
outside the traditional school setting
(including internships), that are
provided in an integrated environment
to the maximum extent possible;
• Counseling on opportunities for
enrollment in comprehensive transition
or postsecondary educational programs
at institutions of higher education;
• Workplace readiness training to
develop social skills and independent
living; and
• Instruction in self-advocacy, which
may include peer mentoring.
Pre-employment transition services
represent the earliest set of services
available for students with disabilities
under the VR program, are short-term in
nature, and are designed to help
students identify career interests.
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15889
Following implementation of the preemployment transition services
requirements, the Department received
comments from DSUs and other
stakeholders regarding: (1) The need for
further clarification about the extent to
which funds reserved for the provision
of pre-employment transition services
may be used to pay for auxiliary aids
and services; and (2) the ability of States
to reserve and expend at least 15
percent of their VR grants on the
provision of pre-employment transition
services under the Department’s general
interpretation of the statutory
requirements related to the allowable
use of funds. Specifically, DSUs and
stakeholders asked if funds reserved for
pre-employment transition services may
be used to cover the costs of auxiliary
aids and services provided directly to
students with disabilities as well as
other VR services, such as
transportation, tuition for postsecondary
education, rehabilitation technology,
and job coaching.
On February 28, 2020, the Department
published an NOI in the Federal
Register (85 FR 11848) to clarify current
policy regarding the permissibility of
using funds reserved for preemployment transition services for
auxiliary aids and services, and to
announce a change in policy regarding
the use of Federal VR funds reserved for
pre-employment transition services.
There are no changes between the
original interpretation published on
February 28, 2020, and this final
interpretation. Through this document,
the Department also rescinds the Dear
Director email transmitted to VR
agencies on December 28, 2016,
regarding the use of reserved funds for
the provision of auxiliary aids and
services because the substance of that
email was incorporated into and
clarified by the February 28, 2020, NOI.
Public Comment: In response to our
invitation in the NOI, 26 parties
submitted comments.
Analysis of Comments and Changes:
An analysis of the comments on the
interpretation since its publication
follows. We do not address comments
that raised concerns not directly related
to the interpretation.
Support for Interpretation
Comments: Commenters generally
expressed appreciation for the
flexibilities described in the NOI. Some
commenters noted that the flexibilities
would allow students with the most
significant disabilities to benefit from
the expansion of services needed to
access and support the provision of preemployment transition services. One
commenter stated that the new
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]]>Agencies
[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Rules and Regulations]
[Pages 15887-15889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05779]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0174]
RIN 1625-AA87
Security Zone; Cooper River Bridge Run, Cooper River and Town
Creek Reaches, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone on
certain waters of the Cooper River and Town Creek Reaches. This action
is necessary to provide for the safety of life on these navigable
waters near Charleston, South Carolina, during the Cooper River Bridge
Run. 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 7:30 a.m. to 11 a.m., on April 2,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0174 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 on this rule,
call or email Lieutenant Commander Chad Ray, Sector Charleston
Waterways Management Division, Coast Guard; telephone (843) 740-3184,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and contrary to
the public interest. The primary justification for this action is that
the Coast Guard was given short notice from the event sponsor.
Therefore, the Coast Guard lacks sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule. It would be impracticable and contrary to the public
interest to delay promulgating this rule, as it is necessary to protect
the safety of participants, spectators, and vessels transiting near the
race area during the Cooper River Bridge 10-K Run 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 the public interest
because the temporary security zone must be established on April 2,
2022 to ensure the safety of participants, spectators, and vessels
during the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP Charleston has determined that potential hazards
associated with the large number of participants and spectators during
the run will be a safety and security concern. The purpose of the rule
is to ensure the safety and security of participants, spectators, the
general public, vessels and the navigable waters in the security zone
before, during and after the scheduled race.
IV. Discussion of the Rule
This rule establishes a security zone from 7:30 a.m. to 11 a.m., on
April 2, 2022. The security zone will cover certain navigable waters of
the Cooper River and Town Creek Reaches in Charleston, South Carolina.
The duration of the zone is intended to ensure the safety and security
of the participants, spectators, and the general public during the
scheduled 7:30 a.m. to 11 a.m. race. No vessel or person will be
permitted to enter, transit through, anchor in or remain within the
security zone without obtaining permission from the COTP or a
designated representative. If authorization to enter, transit through,
anchor in, or remain within the security zone is granted by the COTP or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP or a
designated representative. The Coast Guard will provide notice of the
security zone by Local Notice to Mariners, Broadcast Notice to
Mariners, or by on-scene designated representatives.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the following
reasons: (1) The security zone only being enforced for a total of three
and a half hours; (2) although persons and vessels may not enter,
transit through, anchor in, or remain within the zone without
authorization from the COTP or a designated representative, they may
operate in the surrounding area during the enforcement period; (3)
persons and vessels may still enter, transit through, anchor in, or
remain within the areas during the enforcement period if authorized by
the COTP or a designated representative; and (4) the Coast Guard
[[Page 15888]]
will provide advance notification of the zone to the local maritime
community by Broadcast Notice to Mariners, or by on-scene designated
representatives.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact 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 a
security zone that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within a limited area
surrounding the Cooper River Bridge on the waters of the Cooper River
and Town Creek Reaches during a race event lasting three and a half
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 contact 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; 46 U.S.C. 70051; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1, Revision No. 01.2.
0
2. Add Sec. 165. T07-0110 to read as follows:
Sec. 165.T07-0110 Security Zone; Cooper River Bridge Run, Charleston
SC.
(a) Location. All waters of the Cooper River, and Town Creek
Reaches encompassed within the following points: Beginning at
32[deg]48'32'' N, 079[deg]56'08'' W, thence east to 32[deg]48'20'' N,
079[deg]54'20'' W, thence south to 32[deg]47'20'' N, 079[deg]54'29'' W,
thence west to 32[deg]47'20'' N, 079[deg]55'28'' W, thence north to
origin. All coordinates are North American Datum 1983.
(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
[[Page 15889]]
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
Broadcast Notice to Mariners, or by on-scene designated
representatives.
(d) Enforcement Period. This rule will be enforced from 7:30 a.m.
until 11 a.m., on April 2, 2022.
Dated: March 12, 2022.
J.D. Cole,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2022-05779 Filed 3-18-22; 8:45 am]
BILLING CODE 9110-04-P
