[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Proposed Rules]
[Pages 5177-5182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01147]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0691]
RIN 1625-AA08
Special Local Regulations; Recurring Marine Events, Sector
Charleston
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise existing regulations and
[[Page 5178]]
consolidate into one table special local regulations for recurring
marine events at various locations within the geographic boundaries of
the Seventh Coast Guard District Captain of the Port (COTP) Charleston
Zone. Consolidating marine events into one table simplifies Coast Guard
oversight and public notification of special local regulations within
COTP Charleston Zone. The Coast Guard invites your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before February 28, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0691 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.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Chad Ray, 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
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Recurring race, swim, and other marine events within the Seventh
Coast Guard District are currently listed in 33 CFR 100.701, Table to
Sec. 100.701. The process for amending the table (e.g., adding or
removing marine events) is lengthy and inefficient since it includes
recurring marine events for seven different COTP zones within the
Seventh District. To expedite and simplify the rule-making process for
new marine events/special local regulations, COTP's resorted to
creating individual rules rather than amending the Table to Sec.
100.701.
This rule serves two purposes: (1) Create a table of recurring
marine events/special local regulations occurring solely within the
COTP Charleston Zone, and (2) consolidate into that table marine
events/special local regulations previously established outside of
Table to Sec. 100.701. The proposed new table would facilitate
management of and public access to information about marine events
within the COTP Charleston Zone.
The Coast Guard proposes this rulemaking under authority in 46
U.S.C. 70041.
III. Discussion of Proposed Rule
This rule proposes to make the following changes:
1. Revise the contact information in Sec. 100.701(d)(1) to read
``Captain of the Port Charleston, South Carolina: (843) 740-7050.'';
2. Delete the existing special local regulation for the ``Head of
South'' event listed in Table Sec. 100.701(f)(5) because it is no
longer held;
3. Establish Sec. 100.704 for Special Local Regulations; Marine
Events Within COTP Zone Charleston;
4. Move the remaining list of existing marine events/special local
regulations listed in Table to Sec. 100.701(f) under COTP Zone
Charleston; Special Local Regulations to proposed new Sec. 100.704,
Table to Sec. 100.704;
5. Add new event, ``Cooper River Bridge Run'' to proposed new Table
to Sec. 100.704, Line 1;
6. Add new event, ``Myrtle Beach Triathlon'' to proposed new Table
Sec. 100.704, Line 3;
7. Add new event, ``North Charleston Fireworks'' to proposed new
Table Sec. 100.704, Line 5;
8. Add new event, ``Patriots Point Fireworks'' to proposed new
Table Sec. 100.704, Line 6;
9. Add new event, ``Beaufort Water Festival Air Show'' to proposed
new Table Sec. 100.704, Line 8;
10. Revise the dates for the existing event, ``Charleston Race
Week'' listed in proposed new Sec. 100.704, Line 2 to one week (Monday
through Sunday) in April;
11. Revise the dates for the existing event, ``Low Country Splash''
listed in proposed new Sec. 100.704, Line 4 to one Saturday or Sunday
during the last two weeks of May or the first two weeks of June Sec.
100.704;
12. Revise the dates for the existing event, ``Beaufort Water
Festival'' listed in proposed new Sec. 100.704, Line 7 to ten
consecutive days (Friday through Sunday) in July;
13. Revise the dates for the existing event, ``Swim Around
Charleston'' listed in proposed new Sec. 100.704, Line 9 to one
weekend day (Saturday or Sunday) during the last two weeks of September
through the first two weeks of October;
14. Revise the dates for the existing event, ``Charleston Parade of
Boats'' to one weekend day (Friday, Saturday, or Sunday) in December;
and
15. Delete existing Sec. 100.713, which contains a special local
regulation for the Annual Harborwalk Boat Race; Sampit River,
Georgetown, SC because it is no longer held.
The marine events listed in proposed new Table to Sec. 100.704 are
scheduled to occur over a particular weekend and month each year. Exact
dates are intentionally omitted since calendar dates for a specific
weekend change from year to year. Once dates for a marine event are
known, the Coast Guard will notify the public of its intent to enforce
the special local regulation through various means including a Notice
of Enforcement published in the Federal Register, Local Notice to
Mariners, and Broadcast Notice to Mariners.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 size,
location, and duration of the special local regulations. These areas
are limited in size and duration, and usually do not affect high vessel
traffic areas. Moreover, the Coast Guard would provide advance notice
of the regulated areas to the local maritime community Local Notice to
Mariners, Broadcast to Mariners via VHF-FM marine channel 16, and the
rule would allow vessels to seek permission to enter the regulated
area.
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
[[Page 5179]]
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 proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves the
establishment of special local regulations for recurring marine events
within the COTP Charleston Zone. Normally such actions are
categorically excluded from further review under paragraphs L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket where indicated in ADDRESSES.
We seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material 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, see DHS's Correspondence System of Records notice (84 FR 48645,
September 26, 2018).
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 website'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.
List of Subjects in 33 CFR Part 100
Harbors, Marine Safety, Navigation (water), Reporting and Record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
Sec. 100.701 [Amended]
0
2. In Sec. 100.701, Table to Sec. 100.701 remove the following text:
[[Page 5180]]
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``(f) COTP Zone Charleston; Special Local Regulations
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1. 2nd and 3rd weekend of April.... Charleston Race Week.. Sperry Top-Sider...... Charleston Harbor and
Atlantic Ocean, South
Carolina, All waters
encompassed within an 800
yard radius of position
32[deg]46'39'' N,
79[deg]55'10'' W, All
waters encompassed within
a 900 yard radius of
position 32[deg]45'48'' N,
79[deg]54'46'' W, All
waters encompassed within
a 900 yard radius of
position 32[deg]45'44'' N,
79[deg]53'32'' W.
2. 1st week of May................. Low Country Splash.... Logan Rutledge........ Wando River, Cooper River,
Charleston Harbor, South
Carolina, including the
waters of the Wando River,
Cooper River, and
Charleston Harbor from
Daniel Island Pier, in
approximate position
32[deg]51'20'' N,
079[deg]54'06'' W, south
along the coast of Daniel
Island, across the Wando
River to Hobcaw Yacht
Club, in approximate
position 32[deg]49'20'' N,
079[deg]53'49'' W, south
along the coast of Mt.
Pleasant, South Carolina,
to Charleston Harbor
Resort Marina, in
approximate position
32[deg]47'20'' N,
079[deg]54'39'' W, and
extending out 150 yards
from shore.
3. 2nd week of June................ Beaufort Water City of Beaufort...... Atlantic Intracoastal
Festival. Waterway, Bucksport, South
Carolina; All waters of
the Atlantic Intracoastal
Waterway encompassed
within the following
points; starting at point
1 in position
33[deg]39'11.5'' N,
079[deg]05'36.8'' W;
thence west to point 2 in
position 33[deg]39'12.2''
N, 079[deg]05'47.8'' W;
thence south to point 3 in
position 33[deg]38'39.5''
N, 079[deg]05'37.4'' W;
thence east to point 4 in
position 33[deg]38'42.3''
N, 79[deg]05'30.6'' W;
thence north back to
origin.
4. 3rd week of September........... Swim Around Charleston Kathleen Wilson....... Wando River, main shipping
channel of Charleston
Harbor, Ashley River,
Charleston, South
Carolina; A moving zone
around all waters within a
75-yard radius around Swim
Around Charleston
participant vessels that
are officially associated
with the swim. The Swim
Around Charleston swimming
race consists of a 10-mile
course that starts at
Remley's Point on the
Wando River in approximate
position 32[deg]48'49'' N,
79[deg]54'27'' W, crosses
the main shipping channel
of Charleston Harbor, and
finishes at the General
William B. Westmoreland
Bridge on the Ashley River
in approximate position
32[deg]50'14'' N,
80[deg]01'23'' W.
5. 2nd week of November............ Head of the South..... Augusta Rowing Club... Upper Savannah River mile
marker 199 to mile marker
196, Georgia.
6. 2nd week December............... Charleston Harbor City of Charleston.... Charleston harbor, South
Christmas Parade of Carolina, from Anchorage A
Boats. through Bennis Reach,
Horse Reach, Hog Island
Reach, Town Creek Lower
Reach, Ashley River, and
finishing at City
Marina.''
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0
3. Add Sec. 100.704 to read as follows:
Sec. 100.704 Special Local Regulations; Marine Events Within the
Captain of the Port Charleston.
The following regulations apply to the marine events listed in
Table 1 of this section. These regulations will be effective annually
for the duration listed in Table 1. The Coast Guard will notify the
maritime community of exact dates and times each regulation will be in
effect and the nature of each event (e.g. location, number of
participants, type of vessels involved, etc.) through a Notice of
Enforcement published in the Federal Register, Local Notice to
Mariners, and Broadcast Notice to Mariners.
(a) Definitions. The following definitions apply to this section:
(1) Designated Representative. The term ``designated
representative'' means Coast Guard Patrol Commanders, including Coast
Guard coxswains, petty officers, others operating Coast Guard vessels,
and Federal, state, and local officers designated by or assisting the
Captain of the Port (COTP) Charleston in the enforcement of the
regulated areas.
(2) Spectators. All persons and vessels not registered with the
event sponsor as participants.
(b) Event Patrol. The Coast Guard may assign an event patrol, as
described in Sec. 100.40 of this part, to each regulated event listed
in the table. Additionally, a Patrol Commander may be assigned to
oversee the patrol. The event patrol and Patrol Commander may be
contacted on VHF Channel 16.
(c) Special Local Regulations.
(1) The COTP Charleston or designated representative may control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel in these areas shall
immediately comply with the directions given. Failure to do so may
result in removal from the area, citation for failure to comply, or
both.
(2) The COTP Charleston or designated representative may terminate
the event, or the operation of any vessel participating in the event,
at any time it is deemed necessary for the protection of life or
property.
(3) Only event sponsor designated participants and official patrol
vessels are allowed to enter the regulated area, unless otherwise
authorized by the COTP Charleston or designated representative.
(4) Spectators may request permission from the COTP Charleston or
designated representative to enter, transit, remain within, or anchor
in the regulated area. If permission is granted, spectators must abide
by the directions of the COTP Charleston or a designated
representative.
(d) Delays or termination. The COTP Charleston or designated
representative may delay or terminate any event in this subpart at any
time to ensure safety of life or property. Such action may be justified
as a result of weather, traffic density, spectator operation, or
participant behavior.
[[Page 5181]]
Table to Sec. 100.704--Special Local Regulations; Marine Events Within the Captain of the Port Charleston
[Datum NAD 1983]
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Date/time Event/sponsor Location Regulated area
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1. The First Saturday in April; Cooper River Bridge Charleston, SC and Mt. Location: The following is
Time (Approximate): 7 a.m. to 10 Run; Sponsor: The Pleasant, SC. a safety or security zone.
a.m. Cooper River Bridge All waters of the Cooper
Run Executive River, and Town Creek
Committee. 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]54'20'' 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..
2. One week (Monday through Sunday) Charleston Race Week; Charleston, SC........ Location: There are five
in April; Time (Approximate): 8 Sponsor: Charleston race areas: (1) Race Area
a.m. to 5 p.m. each day. Race Week LLC. #1. All waters of the
Charleston Harbor
encompassed within a 700
yard radius of position
32[deg]46'10'' N,
079[deg]55'15'' W.
(2) Race Area #2. All
waters of the Charleston
Harbor encompassed within
a 700 yard radius of
position 32[deg]46'02'' N,
079[deg]54'15'' W.
(3) Race Area #3. All
waters of the Charleston
Harbor encompassed within
a 700 yard radius of
position 32[deg]45'55'' N,
079[deg]53'39'' W.
(4) Race Area #4. All
waters of the Charleston
Harbor encompassed within
a 600 yard radius of
position 32[deg]47'40'' N,
079[deg]55'10'' W.
(5) Race Area #5. All
waters of the Charleston
Harbor and Entrance
Channel encompassed within
a 500 yard radius of
position 32[deg]45'34'' N,
79[deg]52'09'' W
continuing to Charleston
Entrance Channel Buoys
Green 11 (LLN 2395.5) and
Red 12 (LLN 2400).
3. One Saturday or Sunday in April; Myrtle Beach Myrtle Beach, SC...... Location: The following is
Time (Approximate): 7:30 a.m. to Triathlon; Sponsor: a safety zone: Certain
9:30 a.m. GO Race Productions. waters of the Atlantic
Intracoastal Waterway
within the following two
points of position and the
North shore:
33[deg]45'03'' N,
78[deg]50'47'' W to
33[deg]45'18'' N,
78[deg]50'14'' W, located
in Myrtle Beach, South
Carolina.
4. One Saturday or Sunday during Low Country Splash; Charleston, SC and Mt. Location: All waters within
the last two weeks of May or the Sponsor: Logan Pleasant, SC. a moving safety zone,
first two weeks of June; Time Rutledge Children's beginning at Daniel Island
(Approximate): 6 a.m. to 11 a.m. Foundation. Pier in approximate
position 32[deg]51'20'' N,
079[deg]54'06`` W, south
along the coast of Daniel
Island, across the Wando
River to Hobcaw Yacht
Club, in approximate
position 32[deg]49'20'' N,
079[deg]53'49'' W, south
along the coast of Mt.
Pleasant, S.C., to
Charleston Harbor Resort
Marina, in approximate
position 32[deg]47'20'' N,
079[deg]54'39'' W.
5. One night during the first week North Charleston North Charleston, SC.. Location: The following is
of July; Time (Approximate): 8 Fireworks; Sponsor: a safety zone. All waters
p.m. to 10 p.m. City of North within a 500-yard radius
Charleston. of the barge, from which
fireworks will be launched
on the bank of the Cooper
River at River Front Park
in North Charleston, South
Carolina.
6. One night during the first week Patriots Point Mt. Pleasant, SC...... Location: The following is
of July; Time (Approximate): 8 Fireworks; Sponsor: a safety zone: All waters
p.m. to 10 p.m. USS Yorktown within a 500-yard radius
Foundation Patriot's of the barge, from which
Naval Museum. fireworks will be launched
on the bank of the Cooper
River at Patriots Point in
Charleston, SC.
7. Ten consecutive days (Friday Beaufort Water Beaufort, SC.......... Location: All waters 200
through the next Sunday) in July; Festival; Sponsor: yards from seawall at
Time (Approximate): 8 a.m. to 5 Beaufort Water Waterfront Park extending
p.m. each day. Festival. from Lady's Island Bridge
to Spanish Point in
Beaufort, SC.
8. One Saturday or Sunday in July; Beaufort Water Beaufort, SC.......... Location: The following is
Time (Approximate): 12 p.m. to 5 Festival Air Show; a safety zone: A portion
p.m. Sponsor: Beaufort Beaufort River near
Water Festival. Riverfront Park in
Beaufort, SC. The zone is
700 feet wide by 2600 feet
in length on waters of the
Beaufort River encompassed
within the following
points: (1) 32[deg] 25'
47'' N/080[deg] 40' 44''
W, (2) 32[deg] 25' 41'' N/
080[deg] 40' 14'' W, (3)
32[deg] 25' 35'' N/
080[deg] 40' 16'' W, (4)
32[deg] 25' 40'' N/
080[deg] 40' 46'' W,
[[Page 5182]]
9. One Saturday or Sunday during Swim Around Charleston, SC........ Location: The following is
the last two weeks of September or Charleston; Sponsor: a moving safety zone. All
the first two weeks of October; Kathleen Wilson.. waters 50 yards in front
Time (Approximate): 7:30 a.m. to 2 of the lead safety vessel
p.m. preceding the first race
participants, 50 yards
behind the safety vessel
trailing the last race
participants, and at all
times extends 100 yards on
either side of safety
vessels. The Swim Around
Charleston swimming race
consists of a 12 mile
course that starts at
Remley's Point on the
Wando River in approximate
position 32[deg]48'49'',
79[deg]54'27'', crosses
the main shipping channel
under the main span of the
Ravenel Bridge, and
finishes at the I-526
bridge and boat landing on
the Ashley River in
approximate position
32[deg]50'14'' N,
80[deg]01'23'' W.
10. One Friday, Saturday or Sunday Charleston Parade of Charleston, SC........ Location: Charleston
in December; Time (Approximate): 4 Boats; Sponsor: City harbor, South Carolina,
p.m. to 9 p.m. of Charleston, SC from Anchorage A through
Office of Cultural Shutes Folly, Horse Reach,
Affairs. Hog Island Reach, Town
Creek Lower Reach, Ashley
River, and finishing at
City Marina.
----------------------------------------------------------------------------------------------------------------
Sec. 100.713 [Removed]
0
4. Remove Sec. 100.713.
Dated: January 17, 2020.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port, Charleston.
[FR Doc. 2020-01147 Filed 1-28-20; 8:45 am]
BILLING CODE 9110-04-P