[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Rules and Regulations]
[Pages 49994-49997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17402]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0675]
RIN 1625-AA87
Security Zone; Atlantic Ocean, Kiawah Island, SC
AGENCY: Coast Guard, DHS.
[[Page 49995]]
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone for
certain navigable waters of the Atlantic Ocean in the vicinity of
Kiawah Island, South Carolina to prevent waterside threats and
incidents for persons under the protection of the United States Secret
Service. The action is necessary to protect an official party, public,
and surrounding waterways from terrorist acts, sabotage or other
subversive acts, accidents or other events of a similar nature. Entry
of vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port (COTP) Charleston, or a
designated representative.
DATES: This rule is effective without actual notice from August 15,
2022 through 6 p.m. on August 17, 2022. For the purposes of
enforcement, actual notice will be used from 3 p.m. on August 10, 2022
until August 15, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0675 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 Petty Officer Thomas Welker, Sector Charleston, Waterways
Management Division, U.S. Coast Guard; telephone 843-740-3186, 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 local authorities asked the Coast
Guard to establish the security zone within 3 days of the request.
Therefore, the Coast Guard lacks sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule. Immediate action is needed to prevent vessels from
approaching the location in Kiawah Island, SC of persons under the
protection of the United States Secret Service (USSS protectees). It is
impracticable to publish an NPRM because we must establish this
security zone by August 10, 2022. It would be contrary to public
interest to postpone establishing the temporary security zone.
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
prevent interference with the USSS protectees visit to Kiawah Island,
SC.
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) Charleston has determined that
the USSS protectees visit from August 10, 2022, to August 17, 2022,
presents a potential target for terrorist attack, sabotage, or other
subversive acts, accidents, or other causes of a similar nature. This
security zone is necessary to protect the official party, public, and
surrounding waterways adjacent to the visit site in Kiawah Island,
South Carolina.
IV. Discussion of the Rule
This rule establishes a security zone from 3 p.m. on August 10,
2022, through 6 p.m. on August 17, 2022. The security zone will cover
all navigable waters of the Atlantic Ocean extending 1 mile seaward
from the shoreline, into the Atlantic Ocean beginning at
32[deg]36'15.9'' N, 080[deg]3'53.3'' W, proceeding easterly along the
shoreline to 32[deg]36'26.6'' N, 080[deg]2'51.9'' W.
The duration of the zone is intended ensure the security of the
USSS protectees during the scheduled event. 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.
The Coast Guard will provide notice of the security zone by
Broadcast Notice to Mariners, or by on-scene designated
representatives. And if during this period, the USSS protectees have
left the area and the COTP no longer sees a need to enforce the
security zone, the COPT will issue a general permission to enter via a
Broadcast Notice to Mariners. This would indicate that the zone will no
longer be subject to enforcement.
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 and
location of the security zone. The security zone is limited in size and
location as it will cover 1 square mile of the Atlantic Ocean in the
vicinity of Kiawah Island, South Carolina. Although persons and vessels
will not be able to enter, transit through, anchor in, or remain within
the security zone without authorization from the COTP Charleston or a
designated representative, they may operate in the surrounding area
during the enforcement period. Furthermore, the rule will allow vessels
to seek permission to enter the zone. Persons and vessels may still
enter, transit through, anchor in, or remain within the security zone
during the enforcement period if authorized by the Captain of the Port
Charleston or a designated representative. The Coast Guard will provide
advance notification of the security zone via a Broadcast Notice to
Mariners, allowing mariners to make alternative plans or seek
permission to transit the 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
[[Page 49996]]
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 a
temporary security zone enforced continuously for a period of 8 days,
unless canceled earlier by the COTP, which will prohibit entry to a
portion of the Atlantic Ocean adjacent to Kiawah Island, South
Carolina. 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 where indicated under
ADDRESSES.
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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T07-0675 to read as follows:
Sec. 165.T07-0675 Security Zone; Kiawah Island, SC.
(a) Location. The following area is a security zone: All waters of
the Atlantic Ocean extending 1 mile seaward from the shoreline, into
the Atlantic Ocean beginning at 32[deg]36'15.9'' N, 080[deg]3'53.3'' W,
proceeding easterly along the shoreline to 32[deg]36'26.6'' N,
080[deg]2'51.9'' W. These coordinates are based on the 1984 World
Geodetic System (WGS 84).
(b) Definitions. The term ``designated representative'' means Coast
Guard Patrol Commanders, including 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 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 Miami or a
designated representative. If authorization is granted, persons and/or
vessels receiving such authorization must comply with the instructions
of the COTP Miami or designated representative.
(2) Persons who must notify or request authorization from the COTP
Charleston may do so by Marine Band Radio VHF-FM channel 16 (156.8
MHz).
(d) Enforcement period. This rule will be enforced from 3 p.m. on
August 10, 2022, through 6 p.m. on August 17, 2022. If the COTP no
longer sees a need to enforce the security zone, the COPT will issue a
general permission to enter via a Broadcast Notice to Mariners to
indicate that the zone will no longer be subject to enforcement.
[[Page 49997]]
Dated: August 09, 2022.
J.D. Cole,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2022-17402 Filed 8-12-22; 8:45 am]
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