Security Zone; Atlantic Ocean; Surfside Beach, South Carolina, 8224-8226 [2023-02733]
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Federal Register / Vol. 88, No. 26 / Wednesday, February 8, 2023 / Rules and Regulations
regulated community. The FAA
maintained the more rigorous LODA
process for flight training broadly
offered to the public. With the passage
of section 5604 of the Act, this
streamlined LODA process is no longer
necessary. The FAA will cease
processing LODAs through this process.
In addition, the FAA considers LODAs
issued under this process to be
terminated.2 Henceforth, the
requirements of section 5604 will
govern the flight training, checking, and
testing that can be accomplished in
experimental aircraft without a LODA.
Flight training, checking, and testing
that is broadly offered to the public, or
that does not conform to the stipulations
of the Act will continue to require a
LODA.
Issued in Washington, DC, on February 2,
2023.
Wesley L. Mooty,
Acting Executive Director, Flight Standards
Service.
[FR Doc. 2023–02600 Filed 2–3–23; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Parts 801 and 803
RIN 3084–AB46
Premerger Notification; Reporting and
Waiting Period Requirements
Federal Trade Commission.
Final rule; correction.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘Commission’’) published
a document in the Federal Register of
January 30, 2023, concerning the HartScott-Rodino (‘‘HSR’’) Premerger
Notification Rules (‘‘Rules’’). Pending
publication, Commission staff learned
the document did not include certain
explanatory language pursuant to the
Administrative Procedure Act. The
Commission is issuing this correction to
incorporate this language.
DATES: Effective February 27, 2023.
FOR FURTHER INFORMATION CONTACT:
Robert Jones, Assistant Director,
Premerger Notification Office, Bureau of
Competition, Federal Trade
Commission, 400 7th Street SW, Room
CC–5301, Washington, DC 20024, or by
telephone at (202) 326–3100, Email:
rjones@ftc.gov.
SUPPLEMENTARY INFORMATION: The
Commission is correcting its regulations
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
2 The FAA notes that section 5604 addressed only
experimental aircraft. The July 2021 policy
pertaining to exemption relief remains valid for
limited category and primary category aircraft.
VerDate Sep<11>2014
15:51 Feb 07, 2023
Jkt 259001
published in the final rule ‘‘Premerger
Notification; Reporting and Waiting
Period Requirements’’ on January 30,
2023.
In FR Rule Doc. No. 2023–01584,
appearing on page 5748 in the Federal
Register issue of Monday, January 30,
2023, the following correction is made:
1. In the SUPPLEMENTARY INFORMATION
section, on page 5749, in the third
column, add the following language
after the fourth paragraph of section V.
Administrative Procedure Act:
*
*
*
*
*
Separately, the Commission finds that
there is good cause under 5 U.S.C.
553(d)(3) for this final rule to become
effective on February 27, 2023. Section
553(d)(3) of the APA allows an effective
date of less than 30 days after
publication ‘‘as otherwise provided by
the agency for good cause found and
published with the rule.’’ 5 U.S.C.
553(d)(3). The purpose of the 30-day
waiting period prescribed in APA
section 553(d)(3) is to give affected
parties a reasonable time to adjust their
behavior and prepare before the final
rule takes effect. This final rule
conforms with the new fee tiers and fees
enacted by Congress on December 29,
2022—more than 30 days ago. In
addition, the public interest is served by
having the effective date of this final
rule be the same as the effective date
announced in the notice of revised
jurisdictional thresholds published at 88
FR 5004, and thereby avoiding
confusion about the relevant effective
date.
*
*
*
*
*
Dated: February 2, 2023.
[FR Doc. 2023–02590 Filed 2–7–23; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0130]
RIN 1625–AA87
Security Zone; Atlantic Ocean;
Surfside Beach, South Carolina
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary security zone
for certain navigable waters of the
Atlantic Ocean near or in the vicinity of
SUMMARY:
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This rule is effective without
actual notice from February 6, 2023,
through February 18, 2023. For the
purposes of enforcement, actual notice
will be used from February 4, 2023,
through February 6, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0130 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions on this rule, call or
email the Sector Charleston Command
Center, U.S. Coast Guard, Telephone:
843–740–7050, email: d05-smb-d5cc@
uscg.mil and RCCMiami@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
COTP Captain of the Port
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
April J. Tabor,
Secretary.
ACTION:
Surfside Beach, South Carolina. The
temporary security zone is needed to
protect the public, persons, vessels, and
the marine environment from potential
hazards created by physical objects in
the subject navigable waters. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Charleston, or designated
representative.
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. It is impracticable
because immediate action is required,
and we lack sufficient time to collect
and address public comments before the
effective date of this rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
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Federal Register / Vol. 88, No. 26 / Wednesday, February 8, 2023 / Rules and Regulations
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action to
restrict vessel traffic is needed to protect
life, property, and the environment.
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 (COTP) Sector
Charleston has determined this rule is
needed to enhance public and maritime
safety and security from potential
hazards associated with physical objects
in certain navigable waters near or in
the vicinity of Surfside Beach, South
Carolina.
lotter on DSK11XQN23PROD with RULES1
IV. Discussion of the Rule
The U.S. Coast Guard is establishing
a temporary security zone, for certain
navigable waters near or in the vicinity
of Surfside Beach, South Carolina, to
include a 10 nautical mile area of the
U.S. territorial sea extending from the
point 33°37′ N 078°39′ W. The
temporary security zone is intended to
protect the public, persons, vessels, and
the marine environment from potential
hazards associated with physical objects
in certain navigable waters near or in
the vicinity of Surfside Beach, South
Carolina. It will be enforced every day
from midnight to 11:59 p.m.
No vessel or person is permitted to
enter the security zone without
obtaining permission from the COTP
Sector Charleston, or a designated
representative. A designated
representative is any Coast Guard
commissed, warrant, or petty officer,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel and a federal, state, and
local officer designated by or assisting
the COTP Sector Charleston in the
enforcement of the temporary security
zone. To seek permission to enter,
contact the COTP Sector Charleston or
a designated representative via VHF-FM
channel 16, or through the Sector
Surfside Beach Command Center at
843–740–7050. Vessels or persons
permitted to enter the security zone
must comply with all lawful orders or
directions issued by the COTP Sector
Charleston or designated representative.
The COTP Sector Charleston or a
designated representative will inform
the public of the effective period for the
security zone as well as any changes in
the dates and times of enforcement
through Local Notices to Mariners
(LNMs), Broadcast Notices to Mariners
(BNMs), and/or Marine Safety
Information Bulletins (MSIBs), as
appropriate.
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15:51 Feb 07, 2023
Jkt 259001
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
limited duration of the security zone.
This zone impacts a 320 square nautical
mile area near or in the vicinity of
Surfside Beach, South Carolina, with a
limited duration of 14 days.
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 this
temporary 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 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
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8225
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
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Federal Register / Vol. 88, No. 26 / Wednesday, February 8, 2023 / Rules and Regulations
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 lasting for two weeks
within certain navigable waters near or
in the vicinity of Surfside Beach, South
Carolina. It is categorically excluded
from further review under paragraph
L60(c) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. Due to the urgency of the event,
a record of environmental consideration
supporting this determination is not
required but will be provided as
necessary.
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:
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port (COTP) Sector Charleston in the
enforcement of the security zone.
(c) Regulations. (1) Under the general
security zone regulations in subpart D of
this part, you may not enter the security
zone described in paragraph (a) of this
section unless authorized by the COTP
Sector Charleston or a designated
representative.
(2) To seek permission to enter,
contact the Sector Charleston Command
Center via VHF–FM Channel 16, or
telephone at 843–740–7050. Vessels and
persons permitted to enter the security
zone must comply with all lawful orders
or directions issued by the COTP Sector
Charleston or a designated
representative.
(d) Enforcement period. This section
will be enforced from February 4, 2023,
through February 18, 2023. It will be
enforced every day from midnight to
11:59 p.m.
(e) Information Broadcasts. The COTP
Sector Charleston or a designated
representative will inform the public of
effective period for the temporary
security zone as well as any changes in
the dates and times of enforcement
through local notice to mariners
(LNMs), broadcast notice to mariners
(BNMs), and/or marine safety
information broadcasts (MSIBs), or as
appropriate.
Dated: February 4, 2023.
John D. Cole,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Charleston.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[FR Doc. 2023–02733 Filed 2–6–23; 11:15 am]
BILLING CODE 9110–04–P
SUPPLEMENTARY INFORMATION:
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T05–0130 to read as
follows:
■
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(a) Location. The following area is a
security zone: certain navigable waters
of the Atlantic Ocean near or in the
vicinity of Surfside Beach, South
Carolina, to include a 10 nautical mile
area of the U.S. territorial sea extending
from the point 33°37′ N 078°39′ W.
(b) Definitions. As used in this
section—
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer, including a Coast Guard
15:51 Feb 07, 2023
Jkt 259001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 51
[EPA–HQ–OAR–2021–0420; FRL–8371–01–
OAR]
RIN 2060–AV24
§ 165.T05–0130 Security Zone; Atlantic
Ocean; Surfside Beach, South Carolina.
VerDate Sep<11>2014
requesting the revision of the EPA’s
regulatory definition of volatile organic
compounds (VOC) to exempt trans1,1,1,4,4,4-hexafluorobut-2-ene (also
known as HFO–1336mzz(E); CAS
number 66711–86–2). The EPA is now
taking final action to revise the
regulatory definition of VOC under the
Clean Air Act (CAA). This final action
adds HFO–1336mzz(E) to the list of
compounds excluded from the
regulatory definition of VOC on the
basis that this compound makes a
negligible contribution to tropospheric
ozone (O3) formation.
DATES: This final rule is effective on
April 10, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2021–0420. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted materials, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.reglatons.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Souad Benromdhane, Office of Air
Quality Planning and Standards, Health
and Environmental Impacts Division,
Mail Code C539–07, Environmental
Protection Agency, Research Triangle
Park, NC 27711; telephone: (919) 541–
4359; fax number: (919) 541–5315;
email address: benromdhane.souad@
epa.gov.
Air Quality: Revision to the Regulatory
Definition of Volatile Organic
Compounds—Exclusion of (2E)1,1,1,4,4,4-hexafluorobut-2-ene (HFO–
1336mzz(E))
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On April 28, 2022, the U.S.
Environmental Protection Agency (EPA)
published a proposed rule seeking
comments in response to a petition
SUMMARY:
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Table of Contents
I. Does this action apply to me?
II. Background
A. The EPA’s VOC Exemption Policy
B. Petition to List HFO–1336mzz(E) as an
Exempt Compound
III. The EPA’s Assessment of the Petition
A. Contribution to Tropospheric Ozone
Formation
B. Potential Impacts on Other
Environmental Endpoints
1. Contribution to Stratospheric Ozone
Depletion
2. Toxicity
3. Contribution to Climate Change
C. Response to Comments and Conclusion
IV. Final Action
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
E:\FR\FM\08FER1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Rules and Regulations]
[Pages 8224-8226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02733]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0130]
RIN 1625-AA87
Security Zone; Atlantic Ocean; Surfside Beach, South Carolina
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone for
certain navigable waters of the Atlantic Ocean near or in the vicinity
of Surfside Beach, South Carolina. The temporary security zone is
needed to protect the public, persons, vessels, and the marine
environment from potential hazards created by physical objects in the
subject navigable waters. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Charleston, or designated representative.
DATES: This rule is effective without actual notice from February 6,
2023, through February 18, 2023. For the purposes of enforcement,
actual notice will be used from February 4, 2023, through February 6,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0130 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 the Sector Charleston Command Center, U.S. Coast Guard,
Telephone: 843-740-7050, email: [email protected] and
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
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. It is
impracticable because immediate action is required, and we lack
sufficient time to collect and address public comments before the
effective date of this rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30
[[Page 8225]]
days after publication in the Federal Register. Delaying the effective
date of this rule would be contrary to the public interest because
immediate action to restrict vessel traffic is needed to protect life,
property, and the environment.
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 (COTP) Sector Charleston has determined
this rule is needed to enhance public and maritime safety and security
from potential hazards associated with physical objects in certain
navigable waters near or in the vicinity of Surfside Beach, South
Carolina.
IV. Discussion of the Rule
The U.S. Coast Guard is establishing a temporary security zone, for
certain navigable waters near or in the vicinity of Surfside Beach,
South Carolina, to include a 10 nautical mile area of the U.S.
territorial sea extending from the point 33[deg]37' N 078[deg]39' W.
The temporary security zone is intended to protect the public, persons,
vessels, and the marine environment from potential hazards associated
with physical objects in certain navigable waters near or in the
vicinity of Surfside Beach, South Carolina. It will be enforced every
day from midnight to 11:59 p.m.
No vessel or person is permitted to enter the security zone without
obtaining permission from the COTP Sector Charleston, or a designated
representative. A designated representative is any Coast Guard
commissed, warrant, or petty officer, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
federal, state, and local officer designated by or assisting the COTP
Sector Charleston in the enforcement of the temporary security zone. To
seek permission to enter, contact the COTP Sector Charleston or a
designated representative via VHF-FM channel 16, or through the Sector
Surfside Beach Command Center at 843-740-7050. Vessels or persons
permitted to enter the security zone must comply with all lawful orders
or directions issued by the COTP Sector Charleston or designated
representative. The COTP Sector Charleston or a designated
representative will inform the public of the effective period for the
security zone as well as any changes in the dates and times of
enforcement through Local Notices to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs),
as appropriate.
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 limited duration of the security zone. This zone impacts
a 320 square nautical mile area near or in the vicinity of Surfside
Beach, South Carolina, with a limited duration of 14 days.
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 this
temporary 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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
[[Page 8226]]
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 lasting for two weeks within certain navigable waters
near or in the vicinity of Surfside Beach, South Carolina. It is
categorically excluded from further review under paragraph L60(c) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
Due to the urgency of the event, a record of environmental
consideration supporting this determination is not required but will be
provided as necessary.
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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0130 to read as follows:
Sec. 165.T05-0130 Security Zone; Atlantic Ocean; Surfside Beach,
South Carolina.
(a) Location. The following area is a security zone: certain
navigable waters of the Atlantic Ocean near or in the vicinity of
Surfside Beach, South Carolina, to include a 10 nautical mile area of
the U.S. territorial sea extending from the point 33[deg]37' N
078[deg]39' W.
(b) Definitions. As used in this section--
Designated representative means any Coast Guard commissioned,
warrant, or petty officer, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, and local officer designated by or assisting the Captain of the
Port (COTP) Sector Charleston in the enforcement of the security zone.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the COTP Sector
Charleston or a designated representative.
(2) To seek permission to enter, contact the Sector Charleston
Command Center via VHF-FM Channel 16, or telephone at 843-740-7050.
Vessels and persons permitted to enter the security zone must comply
with all lawful orders or directions issued by the COTP Sector
Charleston or a designated representative.
(d) Enforcement period. This section will be enforced from February
4, 2023, through February 18, 2023. It will be enforced every day from
midnight to 11:59 p.m.
(e) Information Broadcasts. The COTP Sector Charleston or a
designated representative will inform the public of effective period
for the temporary security zone as well as any changes in the dates and
times of enforcement through local notice to mariners (LNMs), broadcast
notice to mariners (BNMs), and/or marine safety information broadcasts
(MSIBs), or as appropriate.
Dated: February 4, 2023.
John D. Cole,
Captain, U.S. Coast Guard, Captain of the Port, Sector Charleston.
[FR Doc. 2023-02733 Filed 2-6-23; 11:15 am]
BILLING CODE 9110-04-P
