[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Rules and Regulations]
[Pages 47113-47115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21868]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0801]
RIN 1625-AA00


Safety Zone; Atlantic Intracoastal Waterway, Socastee, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule; request for comments.

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SUMMARY: The Coast Guard is establishing an intermittent safety zone 
related to ongoing construction of South Carolina Highway 31 (SC-31) 
Bridge located in Socastee, SC on the Atlantic Intracoastal Waterway at 
mile marker 372.3. The temporary safety zone will be set one day per 
week during overhead construction operations. The safety zone is needed 
to ensure the safety of persons, vessels, and the marine environment 
from potential hazards created by the bridge construction. Details for 
specific dates and times will be relayed via Sector Charleston Marine 
Safety Information Bulletin and Seventh District Local Notice Mariners. 
Entry of vessels or persons into these zones is prohibited unless 
specifically authorized by the Captain of the Port Charleston or a 
designated representative. We invite your comments on this rulemaking.

DATES: This rule is effective from October 11, 2017 until March 19, 
2018. Comments and related materials must be received by the Coast 
Guard on or before November 13, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0801 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments. To view documents mentioned in 
this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2017-0801 in the ``SEARCH'' box and 
click ``SEARCH.'' Click on Open Docket Folder on the line associated 
with this rule.

FOR FURTHER INFORMATION CONTACT: Lieutenant Justin Heck, Sector 
Charleston Office of Waterways Management, Coast Guard; telephone (843) 
740-3184, email <a href="/cdn-cgi/l/email-protection#1c56696f687572325f3254797f775c696f7f7b32717570"><span class="__cf_email__" data-cfemail="317b444245585f1f721f7954525a71444252561f5c585d">[email protected]</span></a>.

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
OMB Office of Management and Budget

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 immediate action is needed to respond 
to the potential safety hazards associated with bridge construction 
operations that are scheduled to begin on October 16, 2017. The Coast 
Guard was initially notified of the need for a safety zone on August 8, 
2017. Hurricane Irma impacted the timeline for commencement of the 
project and the Coast Guard received updated plans for the construction 
operations on September 18, 2017. Therefore, publishing an NPRM is 
impracticable and contrary to public interest.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated above, 
the Coast Guard finds that good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register.

III. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material

[[Page 47114]]

received during the comment period. Your comment can help shape the 
outcome of this rulemaking. If you submit a comment, please include the 
docket number for this rulemaking, indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice. Documents 
mentioned in this NPRM as being available in the docket, and all public 
comments, will be in our online docket at http://www.regulations.gov 
and can be viewed by following that Web site's instructions. 
Additionally, if you go to the online docket and sign up for email 
alerts, you will be notified when comments are posted or a final rule 
is published.

IV. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Charleston has determined that potential 
hazards associated with the bridge construction starting October 16, 
2017 will be a safety concern for anyone within a 200-yard radius of 
the bridge, vessels, and machinery. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while the construction is in progress.

V. Discussion of the Rule

    This rule establishes an intermittent safety zone related to 
construction of the South Carolina Highway 31 (SC-31) Bridge located in 
Socastee, SC on the Atlantic Intracoastal Waterway at mile marker 
372.3. The temporary safety zone will be set during overhead 
construction operations starting October 16, 2017 and ending March 19, 
2018. The safety zone is scheduled to take place one day per week 
between 7 a.m. and 4 p.m. The safety zone is needed to ensure the 
safety of persons, vessels, and the marine environment from potential 
hazards created by the bridge construction. The safety zone will cover 
all navigable waters within 200 yards of the bridge, vessels, and 
machinery. No vessel or person will be permitted to enter, transit 
through, anchor in, or remain within the safety zone without first 
obtaining permission from the Captain of the Port Charleston or a 
designated representative. If authorization to enter, transit through, 
anchor in, or remain within the safety zone is granted by the Captain 
of the Port Charleston or a designated representative, all persons and 
vessels receiving such authorization must comply with the instructions 
of the Captain of the Port Charleston or a designated representative. 
The Coast Guard will provide notice of the safety zone by Local Notice 
to Mariners, Broadcast Notice to Mariners, and on-scene designated 
representatives.

VI. 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the following 
reasons: (1) Although persons and vessels may not enter, transit 
through, anchor in, or remain within the safety zone without 
authorization from the Captain of the Port Charleston or a designated 
representative, they may operate in the surrounding area during the 
enforcement period; and (2) the Coast Guard will provide advance 
notification of the safety zone to the local maritime community by 
Local Notice to Mariners and Broadcast Notice to Mariners

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 
VI.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 
contact 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

[[Page 47115]]

principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 an intermittent safety zone that will prohibit persons 
and vessels from entering, transiting through, anchoring in, or 
remaining within a limited area surrounding the SC-31 Bridge on the 
Atlantic Intracoastal Water Way. This rule is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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:  33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; and Department of Homeland Security Delegation No. 
0170.


0
2. Add Sec.  165.T07-0801 to read as follows:


Sec.  165.T07-0801   Safety Zone; Atlantic Intracoastal Waterway, 
Socastee, SC

    (a) Location. All waters of the Atlantic Intracoastal Waterway 
encompassed within a 200-yard radius of South Carolina Highway 31 (SC-
31) Bridge located in Socastee, SC on the Atlantic Intracoastal 
Waterway at mile marker 372.3, and vessels or machinery associated with 
the construction.
    (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 Charleston in the enforcement of the regulated 
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port Charleston 
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Charleston by telephone at (843) 740-7050, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port Charleston or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement period. This rule will be enforced one day per week 
from October 16, 2017 through March 19, 2018, during construction 
activities. Details for specific dates and times will be relayed via 
Sector Charleston Marine Safety Information Bulletin and Seventh 
District Local Notice to Mariners.

    Dated: October 3, 2017.
John W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2017-21868 Filed 10-10-17; 8:45 am]
 BILLING CODE 9110-04-P


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