Security Zone; Cooper River, Charleston, SC, 17145-17147 [2023-05839]

Download as PDF 17145 Rules and Regulations Federal Register Vol. 88, No. 55 Wednesday, March 22, 2023 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. authority for the rule. The authority citation currently provided lists 29 U.S.C. 2000ff as the statutory authority for the regulations, instead of 42 U.S.C. 2000ff. This technical amendment corrects that error. The Code of Federal Regulations is sold by the Superintendent of Documents. List of Subjects in 29 CFR Part 1635 Administrative practice and procedure, Equal employment opportunity. Accordingly, 29 CFR part 1635 is corrected by making the following correcting amendment: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1635 RIN 3046–AB02 Regulations Under the Genetic Information Nondiscrimination Act of 2008; Correction Equal Employment Opportunity Commission. ACTION: Correcting amendment. AGENCY: The Equal Employment Opportunity Commission (‘‘EEOC’’ or ‘‘Commission’’) is hereby making a technical amendment to the regulations implementing Title II of the Genetic Information Nondiscrimination Act of 2008 (‘‘GINA’’). Currently, the authority citation includes a typographical error. This final action will make the authority citation accurate. The amendment is administrative in nature and does not make any substantive changes to the regulations governing GINA. DATES: This correction is effective March 22, 2023. FOR FURTHER INFORMATION CONTACT: Kerry Leibig, Senior Attorney Advisor, at 202–921–2663 or kerry.leibig@ eeoc.gov. Title II of GINA was enacted to protect job applicants, current and former employees, labor union members, and apprentices and trainees from discrimination based on their genetic information. The regulations implementing the law were first published in the Federal Register on November 9, 2009 (75 FR 68912). The regulations were amended by a final rule published in the Federal Register on May 17, 2016 (81 FR 31143) and then partially rescinded in a final rule published in the Federal Register on December 20, 2018 (83 FR 65296). When the May 2016 final rule was published, a typographical error was introduced into the citation to the statutory lotter on DSK11XQN23PROD with RULES1 VerDate Sep<11>2014 15:59 Mar 21, 2023 Jkt 259001 1. The authority citation for part 1635 is revised to read as follows: ■ Authority: 110 Stat. 233; 42 U.S.C. 2000ff. SUMMARY: SUPPLEMENTARY INFORMATION: PART 1635—GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 Dated: March 15, 2023. For the Commission, Charlotte A. Burrows, Chair. [FR Doc. 2023–05679 Filed 3–21–23; 8:45 am] BILLING CODE 6570–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2023–0151] RIN 1625–AA87 Security Zone; Cooper River, Charleston, SC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary security zone for certain waters of the Cooper River near Charleston and Mount Pleasant, South Carolina. This action is necessary to provide for the security and protection of life on these navigable waters near the Arthur Ravenel Jr. Bridge over the Cooper River during the Cooper River Bridge Run. This rulemaking would prohibit persons and vessels entering the security zone unless authorized by the Captain of the Port Charleston or a designated representative. SUMMARY: This rule is effective from 7:30 a.m. until 10:30 a.m., on April 1, 2023. DATES: PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2023– 0151 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) 740–3184, email Thomas.J.Welker@uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations 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 it is impracticable and contrary to the public interest. The developments and planning for official patrol of the security zone prevented sufficient the Coast Guard from taking action sooner, therefore 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 April 1, 2023. It would be contrary to the public interest to delay promulgating this rule, as it is necessary to protect the safety and security of participants while on the Arthur Ravenel Jr. Bridge. 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 E:\FR\FM\22MRR1.SGM 22MRR1 17146 Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Rules and Regulations this rule would be impracticable and contrary to the public interest because the temporary security zone must be established on April 1, 2023 to ensure safety and security of event participants. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70124. The Captain of the Port Charleston (COTP) has determined that this event requires certain waterside security measures to protect the bridge and event participants from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature. IV. Discussion of the Rule This rule establishes a security zone from 7:30 a.m. until 10:30 a.m. on April 1, 2023. The security zone would cover all navigable waters encompassed within the following points beginning at 32°48′32″ N, 079°56′08″ W, thence east to 32°48′20″ N, 079°54′18″ 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 1984 World Geodetic System (WGS 84). 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. lotter on DSK11XQN23PROD with RULES1 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: (1) the security zone would VerDate Sep<11>2014 15:59 Mar 21, 2023 Jkt 259001 only be enforced for a total of three 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 would be able operate in the surrounding areas 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 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 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 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 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 lasting only 3 hours that will prohibit persons and vessels from E:\FR\FM\22MRR1.SGM 22MRR1 Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Rules and Regulations entering, transiting through, anchoring in, or remaining within a limited area surrounding the Arthur Ravenel Jr. Bridge over the Cooper River. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: BILLING CODE 9110–04–P DEPARTMENT OF COMMERCE 1. The authority citation for part 165 continues to read as follows: ■ 2. Add § 165.T07–0151 to read as follows: ■ lotter on DSK11XQN23PROD with RULES1 37 CFR Parts 1 and 41 RIN 0651–AD66 Reducing Patent Fees for Small Entities and Micro Entities Under the Unleashing American Innovators Act of 2022 United States Patent and Trademark Office, Department of Commerce. ACTION: Final rule. AGENCY: § 165.T07–0151 Security Zone; Cooper River Bridge Run, Charleston, SC (a) Location. The following area is a security zone: 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′18″ 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 1984 World Geodetic System (WGS 84). (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, 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 Charleston (COTP) in the enforcement of the security zone. Jkt 259001 Patent and Trademark Office [Docket No. PTO–P–2023–0005] 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. 15:59 Mar 21, 2023 Dated: March 16, 2023. J.D. Cole, Captain, U.S. Coast Guard, Captain of the Port Charleston. [FR Doc. 2023–05839 Filed 3–21–23; 8:45 am] PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS VerDate Sep<11>2014 (c) Regulations. (1) No person or vessel will be permitted to enter, transit, anchor, or remain within the security 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) To seek permission to enter, contact the COTP or the COTP’s representative by telephone at 843–740– 7050 or via VHF radio on channel 16. Those in the security zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (d) Enforcement period. This section will be enforced from 7:30 a.m. until 10:30 a.m., on April 1, 2023. The United States Patent and Trademark Office (Office or USPTO) amends patent fees for small and micro entities set forth in its regulations to implement the provisions of the Consolidated Appropriations Act, 2023—which included the Unleashing American Innovators Act of 2022 (UAIA). The UAIA, signed into law on December 29, 2022, supports the USPTO’s efforts to reduce the innovation ecosystem’s barriers to entry. The UAIA increased fee discounts for small entities from 50% to 60% and fee discounts for micro entities from 75% to 80% for fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents. The UAIA also increased fee SUMMARY: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 17147 discounts for small entities from 75% to 80% for filing a basic nonprovisional utility application electronically. DATES: Effective date: This final rule is effective March 22, 2023, except for the amendment to § 1.16(u) at instruction 3, which is effective on April 3, 2023. Applicability: The amendments to §§ 1.445(a)(5) and 1.482 shall apply to those international applications under the Patent Cooperation Treaty having a receipt date on or after April 1, 2023. The amendments to § 1.18(b)(1) shall apply to those international design applications under the Hague Agreement having a date of international registration on or after May 1, 2023. FOR FURTHER INFORMATION CONTACT: Brendan Hourigan, Director, Office of Planning and Budget, by telephone at 571–272–8966, or by email at Brendan.Hourigan@uspto.gov; or Dianne Buie, Director, Forecasting and Analysis Division, by telephone at 571– 272–6301, or by email at Dianne.Buie@ uspto.gov. SUPPLEMENTARY INFORMATION: Purpose of This Action The Office issues this final rule to amend 37 CFR parts 1 and 41 to reflect amendments enacted by the UAIA on December 29, 2022. See Consolidated Appropriations Act, 2023, Public Law 117–328. Section 107 of the UAIA, ‘‘Fee Reduction for Small and Micro Entities,’’ amended 35 U.S.C. 41(h)(1) and section 10(b) of the America Invents Act (AIA), Public Law 112–29, 125 Stat. 284, as amended by the SUCCESS Act, Public Law 115–273, 132 Stat. 4158, by (1) striking ‘‘50 percent’’ and inserting ‘‘60 percent’’ for fee reductions for small entities and (2) by striking ‘‘75 percent’’ and inserting ‘‘80 percent’’ for fee reductions for micro entities. Consequently, the Office is now required under 35 U.S.C. 41(h)(1) and section 10(b) of the AIA to reduce patent fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents by 60% for small entities and by 80% for micro entities. Section 107 of the UAIA also amended 35 U.S.C. 41(h)(3) by striking ‘‘75 percent’’ and inserting ‘‘80 percent’’ for fee reductions for small entities filing a basic nonprovisional utility application electronically under 35 U.S.C. 41(a)(1)(A). Fee rates reflecting these amended discounts for small and micro entities were made available to the public on December 29, 2022, and published on the USPTO’s website, https://www.uspto.gov/fees. E:\FR\FM\22MRR1.SGM 22MRR1

Agencies

[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Rules and Regulations]
[Pages 17145-17147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05839]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0151]
RIN 1625-AA87


Security Zone; Cooper River, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for 
certain waters of the Cooper River near Charleston and Mount Pleasant, 
South Carolina. This action is necessary to provide for the security 
and protection of life on these navigable waters near the Arthur 
Ravenel Jr. Bridge over the Cooper River during the Cooper River Bridge 
Run. This rulemaking would prohibit persons and vessels entering the 
security zone unless authorized by the Captain of the Port Charleston 
or a designated representative.

DATES: This rule is effective from 7:30 a.m. until 10:30 a.m., on April 
1, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0151 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) 740-3184, 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 developments and planning for official patrol 
of the security zone prevented sufficient the Coast Guard from taking 
action sooner, therefore 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 April 1, 2023. It would 
be contrary to the public interest to delay promulgating this rule, as 
it is necessary to protect the safety and security of participants 
while on the Arthur Ravenel Jr. Bridge.
    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

[[Page 17146]]

this rule would be impracticable and contrary to the public interest 
because the temporary security zone must be established on April 1, 
2023 to ensure safety and security of event participants.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70124. The Captain of the Port Charleston (COTP) has determined that 
this event requires certain waterside security measures to protect the 
bridge and event participants from destruction, loss, or injury from 
sabotage or other subversive acts, accidents, or other causes of a 
similar nature.

IV. Discussion of the Rule

    This rule establishes a security zone from 7:30 a.m. until 10:30 
a.m. on April 1, 2023. The security zone would cover all navigable 
waters 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]54'18'' 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 1984 World Geodetic System (WGS 84). 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.

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: (1) the security 
zone would only be enforced for a total of three 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 would be able operate in the 
surrounding areas 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 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 
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 
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 only 3 hours that will prohibit persons and 
vessels from

[[Page 17147]]

entering, transiting through, anchoring in, or remaining within a 
limited area surrounding the Arthur Ravenel Jr. Bridge over the Cooper 
River. It is categorically excluded from further review under paragraph 
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 1. A Record of Environmental Consideration supporting this 
determination is available in the docket. For instructions on locating 
the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051, 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.T07-0151 to read as follows:


Sec.  165.T07-0151  Security Zone; Cooper River Bridge Run, Charleston, 
SC

    (a) Location. The following area is a security zone: 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]54'18'' 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 1984 
World Geodetic System (WGS 84).
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, 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 Charleston (COTP) in the enforcement of the 
security zone.
    (c) Regulations. (1) No person or vessel will be permitted to 
enter, transit, anchor, or remain within the security 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) To seek permission to enter, contact the COTP or the COTP's 
representative by telephone at 843-740-7050 or via VHF radio on channel 
16. Those in the security zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period. This section will be enforced from 7:30 
a.m. until 10:30 a.m., on April 1, 2023.

    Dated: March 16, 2023.
J.D. Cole,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2023-05839 Filed 3-21-23; 8:45 am]
BILLING CODE 9110-04-P
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