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[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Rules and Regulations]
[Pages 96101-96103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28336]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-1023]
RIN 1625-AA00

Safety Zone; Charleston Harbor, Charleston County, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Atlantic Ocean at the Charleston Harbor 
Entrance Channel, Charleston Harbor, and Cooper River, within a 100-
yard radius of the M/V CAPE RACE 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 M/V CAPE RACE from the Charleston Harbor Entrance 
Channel to Detyens Shipyard on the Cooper River in North Charleston, 
SC. Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port Sector Charleston.

DATES: This rule is effective without actual notice from December 4 
2024, through 8 p.m. December 4, 2024. For the purposes of enforcement, 
actual notice will be used from 8 a.m. on November 28, 2024, through 
December 4, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-1023 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 Petty Officer First Class Thomas J. Welker, Sector 
Charleston, Waterways Management Division, U.S. Coast Guard; telephone 
(843) 740-3180 ext. 3339, 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 the 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 
and 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 
lacks sufficient time to provide for a comment period and then consider 
those comments before issuing the rule since this rule is needed by 
November 28, 2024.
    Also, 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 M/V CAPE RACE on or about November 28, 2024.

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 M/V CAPE RACE on or about November 28, 2024, 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 M/V CAPE RACE while transiting from the Charleston Harbor 
Entrance Channel to berthing at Detyens Shipyards on the Cooper River 
in North Charleston, SC.

IV. Discussion of the Rule

    This rule establishes a temporary moving safety zone on or about 
November 28, 2024, however the zone will only be enforced while the M/V 
CAPE RACE is underway with supporting, towing vessels. The moving 100-
yard safety zone will be established for the M/V CAPE RACE and all 
towing vessels supporting its operations during transiting from 
Charleston Harbor Entrance Channel Buoy #6 in the Charleston Harbor 
Entrance Channel to berthing at Detyens Shipyards on the Cooper River 
in North Charleston, SC. The safety zone will only be enforced during 
the towing operations, while the vessel is in transit. The safety zone 
is needed to protect personnel, vessels, and the marine environment 
from potential hazards created by the dead ship movement of M/V CAPE 
RACE 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

[[Page 96102]]

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 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 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 Atlantic 
Ocean at the Charleston Harbor Entrance Channel, Charleston Harbor, and 
Cooper River within a 100-yard radius of the M/V CAPE RACE 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 
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 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 
temporary, moving safety zone on waters of the Atlantic Ocean at the 
Charleston Harbor Entrance Channel, Charleston Harbor, and Cooper 
River, within a 100-yard radius of the vessel M/V CAPE RACE and all 
towing vessels supporting its operations until the vessel completes 
mooring at Detyens Shipyards on the Cooper River in North Charleston, 
SC. 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:

[[Page 96103]]

    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.T07-1023 to read as follows:

Sec.  165.T07-1023  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 Atlantic Ocean at the 
Charleston Harbor Entrance Channel, Charleston Harbor, and Cooper 
River, within a 100-yard radius of the M/V CAPE RACE and all towing 
vessels supporting its operations, while transiting to berthing at 
Detyens Shipyards on the Cooper River in North Charleston, SC.
    (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 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 
November 28, 2024. The moving zone will be enforced while M/V CAPE RACE 
and all towing vessels supporting its operation are transiting, until 
moored at Detyens Shipyards on the Cooper River in North Charleston, 
SC.

    Dated: November 26, 2024.
Francis J. DelRosso
Captain, U.S. Coast Guard Captain of the Port Charleston.
[FR Doc. 2024-28336 Filed 12-3-24; 8:45 am]
BILLING CODE 9110-04-P
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