Safety Zone; Charleston Harbor, Charleston, SC, 3926-3928 [2023-01125]

Download as PDF 3926 Federal Register / Vol. 88, No. 14 / Monday, January 23, 2023 / Rules and Regulations regulation or otherwise as permitted by law,’’ and FinCEN considered both the order and regulation options. In light of the imminence of the threats posed by the illicit actors facilitated by Bitzlato, as well as the extent of the illicit transactional activity identified, an order prohibiting certain transmittals of funds is the most appropriate course of action. In order to ensure orderly implementation, FinCEN will delay the effective date of this order until February 1, 2023. A copy of this order will be published in the Federal Register. To the extent Bitzlato or other parties have information relevant to this order, they may submit it to FinCEN at frc@ fincen.gov. VIII. Order A. Definitions 1. Bitzlato The order defines Bitzlato, a CVC exchanger registered in Hong Kong and previously known as ChangeBot, to mean all subsidiaries, branches, and offices of Bitzlato operating in any jurisdiction, as well as any successor entity. 2. Convertible Virtual Currency (CVC) The order defines convertible virtual currency (CVC) as a medium of exchange that either has an equivalent value as currency, or acts as a substitute for currency, but lacks legal tender status. Despite having legal tender status in at least one jurisdiction, for the purpose of this order, Bitcoin is included as a type of CVC. 3. Covered Financial Institution The order defines a covered financial institution as having the same meaning as ‘‘financial institution’’ in 31 CFR 1010.100(t). 8. Transmittal of Funds The order defines transmittal of funds as the sending and receiving of funds, including CVC. 9. Meaning of Other Terms All terms used but not otherwise defined herein shall have the meaning set forth in 31 CFR Chapter X and 31 U.S.C. 5312. B. Prohibition of the Transmittal of Funds Involving Bitzlato 1. Prohibition A covered financial institution is prohibited from engaging in a transmittal of funds from or to Bitzlato, or from or to any account or CVC address administered by or on behalf of Bitzlato. 2. Rejection of Funds and Condition on the Transfer of Rejected Funds A covered financial institution will be deemed not to have violated this Order where, upon determining that it received CVC that originated from Bitzlato or from an account or CVC address administered by or on behalf of Bitzlato, that covered financial institution rejects the transaction, preventing the intended recipient from accessing such CVC and returning the CVC to Bitzlato, or to the account or CVC address from which the CVC originated. C. Order Period The terms of this order are effective February 1, 2023, with no cessation date. D. Reservation of Authority The order defines a CVC exchanger as any person engaged as a business in the exchange of CVC for fiat currency, funds, or other CVC. FinCEN reserves its authority pursuant to Section 9714(a) to impose conditions on certain transmittals of funds from or to Bitzlato, or from or to any account or CVC address administered by or on behalf of Bitzlato. 5. Peer to Peer (P2P) Exchangers E. Other Obligations The order defines P2P exchangers to include persons engaged in the business of buying and selling CVC. Nothing in this order shall be construed to modify, impair or otherwise affect any requirements or obligations to which a covered financial institution is subject pursuant to the BSA, including, but not limited to, the filing of Suspicious Activity Reports (SARs), or other applicable laws or regulations, such as the sanctions administered and enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control. 4. CVC Exchanger khammond on DSKJM1Z7X2PROD with RULES acquiring its assets, in whole or in part, and/or carrying out the affairs of Bitzlato under a new name. 6. Recipient The order defines recipient as the person to be paid by the recipient’s covered financial institution. 7. Successor Entity The order defines successor entity as any person that replaces Bitzlato by VerDate Sep<11>2014 15:46 Jan 20, 2023 Jkt 259001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 F. Penalties for Noncompliance The covered financial institution, and any of its officers, directors, employees, and agents, may be liable for civil or criminal penalties under 31 U.S.C. 5321 and 5322 for violating any of the terms of this order.41 G. Validity of Order Any judicial determination that any provision of this order is invalid shall not affect the validity of any other provision of this order, and each other provision shall thereafter remain in full force and effect. Dated: January 18, 2023. Himamauli Das, Acting Director, Financial Crimes Enforcement Network. [FR Doc. 2023–01189 Filed 1–19–23; 11:15 am] BILLING CODE 4810–02–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2023–0039] RIN 1625–AA00 Safety Zone; Charleston Harbor, Charleston, SC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for navigable waters of the Cooper River, Charleston Harbor, and Atlantic Ocean at the Charleston Harbor Entrance and Approach, Charleston Harbor, within a 100-yard radius of the vessel USNS Gordon and all towing vessels supporting its operations. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the dead ship movement of USNS Gordon from the Naval Weapons Station, Joint Base Charleston Transportation Core (TC) Dock or Wharf Alpha through the Charleston Harbor Entrance Channel. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Charleston. SUMMARY: 41 Section 6106(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) amended section 9714 of the Combatting Russian Money Laundering Act (Pub. L. 116–283) to, among other things, provide that the penalties set forth in 31 U.S.C. 5321 and 5322 shall apply to violations of any order, regulation, special measure, or other requirement imposed under section 9714, in the same manner and to the same extent described in sections 5321 and 5322. E:\FR\FM\23JAR1.SGM 23JAR1 Federal Register / Vol. 88, No. 14 / Monday, January 23, 2023 / Rules and Regulations This rule is effective without actual notice from January 23, 2023 through January 24, 2023. For the purposes of enforcement, actual notice will be used from January 12, 2023, until January 23, 2023. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2023– 0039 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email MST1 Thomas J. Welker, Sector Charleston, Waterways Management Division, U.S. Coast Guard; telephone (843) 740–3186, email thomas.j.welker@ uscg.mil. SUPPLEMENTARY INFORMATION: DATES: I. Table of Abbreviations khammond on DSKJM1Z7X2PROD 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 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 doing so would be impracticable. The Coast Guard lacks sufficient time to provide for a comment period and then consider those comments before issuing the rule since this rule is needed by January 12, 2023. It would be contrary to the public interest since immediate action is necessary to protect the safety of the public, and vessels transiting the waters of the Cooper River, Charleston Harbor, and the Atlantic Ocean at the Charleston Harbor Entrance and Approach during the dead ship movement of USNS Gordon. 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 VerDate Sep<11>2014 15:46 Jan 20, 2023 Jkt 259001 because immediate action is needed to minimize the potential safety hazards associated with the dead ship movement of the USNS Gordon. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port Charleston (COTP) has determined that potential hazards associated with the dead ship movement and berthing of USNS Gordon on January 12, 2023 (or on a contingency date prior January 25, 2023), will be a safety concern for anyone within a 100-yard radius of vessel and any towing vessels supporting the operation. This rule is needed to protect personnel, vessels, and the marine environment during the dead ship movement of the USNS Gordon while outbound from berthing at the Naval Weapons Station, Joint Base Charleston Transportation Core (TC) Dock or Wharf Alpha, on the Cooper River in Goose Creek, SC to sea. IV. Discussion of the Rule This rule establishes a temporary safety zone on January 12, 2023 through January 24, 2023, however the zone will only be enforced while the USNS Gordon is underway with supporting, towing vessles. The moving 100-yard safety zone will be established for the the USNS Gordon and all towing vessels supporting its operations during transit from berth at the Naval Weapons Station, Joint Base Charleston Transportation Core (TC) Dock or Wharf Alpha on the Cooper River in Goose Creek, SC to the Charleston Harbor Entrance Channel Buoy #6. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the dead ship movement of USNS Gordon while transiting the Charleson Harbor area. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and 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. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 3927 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 size, location, and scope of the safety zone. The zone is limited in size, location, and duration as it will cover all navigable waters of the Cooper River, Charleston Harbor, and Atlantic Ocean at the Charleston Harbor Entrance and Approach within a 100yard radius of the vessel USNS Gordon and any towing vessels supporting the operation. The zone is limited in scope as vessel traffic may be able to safely transit around this safety zone and vessels may seek permission from the COTP to enter the zone. The zone is limited in duration in that it will be enforced for no more than eight hours. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF–FM marine channel 16 about the safety zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the regulated area 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 E:\FR\FM\23JAR1.SGM 23JAR1 3928 Federal Register / Vol. 88, No. 14 / Monday, January 23, 2023 / Rules and Regulations 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). khammond on DSKJM1Z7X2PROD with RULES 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 implications for federalism or Indian tribes, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section above. 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 Safety VerDate Sep<11>2014 15:46 Jan 20, 2023 Jkt 259001 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 temporary, moving safety zone on waters of the Cooper River, Charleston Harbor, and Atlantic Ocean at the Charleston Harbor Entrance and Approach, within a 100-yard radius of the vessel USNS Gordon and all towing vessels supporting its operations until the vessel proceeds seaward of the Charleston Harbor Entrance Channel Buoy #6. This zone is not expected to last more than eight hours. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Safety measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS. 1. The authority citation for part 165 continues to read as follows: ■ § 165.T07–0039 Safety Zone; Charleston Harbor, Charleston, SC (a) Location. The following is a safety zone: The moving safety zone will include all navigable waters of the Cooper River, Charleston Harbor, and the Atlantic Ocean at the Charleston Harbor Entrance and Approach, within a 100-yard radius of the vessel USNS Gordon and all towing vessels supporting its operations, while transiting outbound until the vessel proceeds seaward of the Charleston Harbor Entrance Channel Buoy #6. (b) Definition. The term ‘‘designated representative’’ means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port (COTP) in the enforcement of the safety zone. (c) Regulations. (1) No person or vessel will be permitted to enter, transit, anchor, or remain within the safety zone described in paragraph (a) of this section unless authorized by the COTP Charleston or a designated representative. If authorization is granted, persons and/or vessels receiving such authorization must comply with the instructions of the COTP Charleston or designated representative. (2) Persons who must notify or request authorization from the COTP Charleston may do so by telephone at (843) 740–7050, or may contact a designated representative via VHF radio on channel 16. (d) Effective and enforcement period. This section is effective on January 12, through January 24, 2023. The moving zone will be enforced while USNS Gordon and all towing vessels supporting its operations are transiting, until seaward of the Charleston Harbor Entrance Channel Buoy #6. Dated: January 11, 2023. John D. Cole, Captain, U.S. Coast Guard, Captain of the Port Charleston. [FR Doc. 2023–01125 Filed 1–20–23; 8:45 am] BILLING CODE 9110–04–P CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 45 CFR Parts 1230 and 2554 Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and Department of Homeland Safety Delegation No. 00170.1, Revision No. 01.2. RIN 3045–AA86 2. Add § 165.T07–0039 to read as follows: AGENCY: ■ PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Annual Civil Monetary Penalties Inflation Adjustment Corporation for National and Community Service. E:\FR\FM\23JAR1.SGM 23JAR1

Agencies

[Federal Register Volume 88, Number 14 (Monday, January 23, 2023)]
[Rules and Regulations]
[Pages 3926-3928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01125]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0039]
RIN 1625-AA00


Safety Zone; Charleston Harbor, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY:  The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Cooper River, Charleston Harbor, and Atlantic 
Ocean at the Charleston Harbor Entrance and Approach, Charleston 
Harbor, within a 100-yard radius of the vessel USNS Gordon and all 
towing vessels supporting its operations. The safety zone is needed to 
protect personnel, vessels, and the marine environment from potential 
hazards created by the dead ship movement of USNS Gordon from the Naval 
Weapons Station, Joint Base Charleston Transportation Core (TC) Dock or 
Wharf Alpha through the Charleston Harbor Entrance Channel. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Sector Charleston.

[[Page 3927]]


DATES: This rule is effective without actual notice from January 23, 
2023 through January 24, 2023. For the purposes of enforcement, actual 
notice will be used from January 12, 2023, until January 23, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0039 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT:  If you have questions on this rule, 
call or email MST1 Thomas J. Welker, Sector Charleston, Waterways 
Management Division, U.S. Coast Guard; telephone (843) 740-3186, 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 doing so would be impracticable. The 
Coast Guard lacks sufficient time to provide for a comment period and 
then consider those comments before issuing the rule since this rule is 
needed by January 12, 2023. It would be contrary to the public interest 
since immediate action is necessary to protect the safety of the 
public, and vessels transiting the waters of the Cooper River, 
Charleston Harbor, and the Atlantic Ocean at the Charleston Harbor 
Entrance and Approach during the dead ship movement of USNS Gordon.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
minimize the potential safety hazards associated with the dead ship 
movement of the USNS Gordon.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Charleston (COTP) has determined that 
potential hazards associated with the dead ship movement and berthing 
of USNS Gordon on January 12, 2023 (or on a contingency date prior 
January 25, 2023), will be a safety concern for anyone within a 100-
yard radius of vessel and any towing vessels supporting the operation. 
This rule is needed to protect personnel, vessels, and the marine 
environment during the dead ship movement of the USNS Gordon while 
outbound from berthing at the Naval Weapons Station, Joint Base 
Charleston Transportation Core (TC) Dock or Wharf Alpha, on the Cooper 
River in Goose Creek, SC to sea.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on January 12, 2023 
through January 24, 2023, however the zone will only be enforced while 
the USNS Gordon is underway with supporting, towing vessles. The moving 
100-yard safety zone will be established for the the USNS Gordon and 
all towing vessels supporting its operations during transit from berth 
at the Naval Weapons Station, Joint Base Charleston Transportation Core 
(TC) Dock or Wharf Alpha on the Cooper River in Goose Creek, SC to the 
Charleston Harbor Entrance Channel Buoy #6. The safety zone is needed 
to protect personnel, vessels, and the marine environment from 
potential hazards created by the dead ship movement of USNS Gordon 
while transiting the Charleson Harbor area. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
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 size, 
location, and scope of the safety zone. The zone is limited in size, 
location, and duration as it will cover all navigable waters of the 
Cooper River, Charleston Harbor, and Atlantic Ocean at the Charleston 
Harbor Entrance and Approach within a 100-yard radius of the vessel 
USNS Gordon and any towing vessels supporting the operation. The zone 
is limited in scope as vessel traffic may be able to safely transit 
around this safety zone and vessels may seek permission from the COTP 
to enter the zone. The zone is limited in duration in that it will be 
enforced for no more than eight hours. Moreover, the Coast Guard would 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
regulated area 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

[[Page 3928]]

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 implications for federalism or Indian tribes, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section above.

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 Safety 
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 
temporary, moving safety zone on waters of the Cooper River, Charleston 
Harbor, and Atlantic Ocean at the Charleston Harbor Entrance and 
Approach, within a 100-yard radius of the vessel USNS Gordon and all 
towing vessels supporting its operations until the vessel proceeds 
seaward of the Charleston Harbor Entrance Channel Buoy #6. This zone is 
not expected to last more than eight hours. It is categorically 
excluded from further review under paragraph L60(a) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of 
Environmental Consideration supporting this determination is available 
in the docket. For instructions on locating the docket, see the 
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Safety measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS.

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, 160.5; and Department of Homeland Safety Delegation No. 00170.1, 
Revision No. 01.2.


0
2. Add Sec.  165.T07-0039 to read as follows:


Sec.  165.T07-0039   Safety Zone; Charleston Harbor, Charleston, SC

    (a) Location. The following is a safety zone: The moving safety 
zone will include all navigable waters of the Cooper River, Charleston 
Harbor, and the Atlantic Ocean at the Charleston Harbor Entrance and 
Approach, within a 100-yard radius of the vessel USNS Gordon and all 
towing vessels supporting its operations, while transiting outbound 
until the vessel proceeds seaward of the Charleston Harbor Entrance 
Channel Buoy #6.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port (COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) No person or vessel will be permitted to 
enter, transit, anchor, or remain within the safety zone described in 
paragraph (a) of this section unless authorized by the COTP Charleston 
or a designated representative. If authorization is granted, persons 
and/or vessels receiving such authorization must comply with the 
instructions of the COTP Charleston or designated representative.
    (2) Persons who must notify or request authorization from the COTP 
Charleston may do so by telephone at (843) 740-7050, or may contact a 
designated representative via VHF radio on channel 16.
    (d) Effective and enforcement period. This section is effective on 
January 12, through January 24, 2023. The moving zone will be enforced 
while USNS Gordon and all towing vessels supporting its operations are 
transiting, until seaward of the Charleston Harbor Entrance Channel 
Buoy #6.

    Dated: January 11, 2023.
John D. Cole,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2023-01125 Filed 1-20-23; 8:45 am]
BILLING CODE 9110-04-P

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