[Federal Register Volume 90, Number 63 (Thursday, April 3, 2025)]
[Rules and Regulations]
[Pages 14579-14581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05712]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0176]
RIN 1625-AA87
Security Zone; Cooper River, Charleston, SC
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone for
navigable waters of the Cooper River, in the vicinity of the Arthur
Ravenel Jr. Bridge, near Charleston and Mount Pleasant, South Carolina.
This action is necessary to provide for the security and protection of
life of participants and spectators during the Cooper River Bridge Run.
Entry of vessels or persons into the security zone is prohibited 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
5, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0176 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 about this rule,
call or email Chief Marine Science Technician Tyler M. Campbell, 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 under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' 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. The Coast Guard did not receive the information required
to develop and finalize plans for an official patrol of the security
zone in ample time to allow for public comment for the Cooper River
Bridge Run even scheduled on April 5, 2025. It would be impracticable
to delay promulgating this rule, as it is necessary to protect the
safety and security of participants in this event and mitigate
potential subversive acts.
[[Page 14580]]
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 for the same reasons as discussed
above.
III. Legal Authority and Need for Rule
The Coast Guard may issue this rule under authority in 46 U.S.C.
70051 and 70124. The Captain of the Port (COTP) Charleston has
determined that the presence of persons under the protection of the
Coast Guard in the Sector Charleston COTP zone presents a potential
target for terrorist attack, sabotage, or other subversive acts,
accidents, or other causes of similar nature. The rule is needed to
protect persons under the protection of the Coast Guard, personnel in
and around the Cooper River Bridge Run event.
IV. Discussion of the Rule
This rule establishes a security zone from 7:30 a.m. until 10:30
a.m. on April 5, 2025. The security zone would cover all navigable
waters of the Cooper River, in the vicinity of the Arthur Ravenel Jr.
Bridge.
Entry into this security zone is prohibited unless specifically
authorized by the COTP or their designated representative. A designated
representative is a commissioned, warrant, or petty officer of the
Coast Guard assigned to units under the operational control of the
Coast Guard Sector Charleston. Requests for entry will be considered
and reviewed on a case-by-case basis. The COTP may be contacted by
telephone at 843-740-3184 or can be reached by VHF-FM channel 16.
Persons and vessels permitted to enter these security zones must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or their 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.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule will 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
[[Page 14581]]
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 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.
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.T07-0228 to read as follows:
Sec. 165.T07-0228 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 (COTP) Charleston in the enforcement of the
security zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP Charleson
or designated representative.
(2) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
(3) To seek permission to enter, contact COTP Charleston or
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 Charleston or designated
representative.
(d) Enforcement period. This section will be enforced from 7:30
a.m. until 10:30 a.m. on April 5, 2025.
F.J. DelRosso,
Captain, U.S. Coast Guard, Captain of the Port Sector Charleston.
[FR Doc. 2025-05712 Filed 4-2-25; 8:45 am]
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