[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Proposed Rules]
[Pages 21702-21704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8351]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Charleston 05-036]
RIN 1625-AA00


Safety Zone; Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a temporary safety zone on the waters 
of the Wando River, Cooper River, and Charleston Harbor from Hobcaw 
Yacht Club to Charleston Harbor Marina and from the coast of Mount 
Pleasant to 150 yards offshore during the Lowcountry Splash swimming 
event. A temporary safety zone is necessary to prevent commercial or 
recreational boating traffic from transiting the racecourse. This 
temporary safety zone will allow the swimmers to safely participate in 
the event without interfering with vessel traffic.

DATES: Comments and related material must reach the Coast Guard on or 
before May 9, 2005.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Charleston, 196 Tradd St., Charleston, SC 29401. The Marine 
Safety Office maintains the public docket for this rulemaking. Comments 
and material received from the public,

[[Page 21703]]

as well as documents indicated in this preamble as being available in 
the docket, will become part of this docket and will be available for 
inspection or copying at The Marine Safety Office Charleston between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Matthew Meskun, U.S. Coast Guard 
Marine Safety Office Charleston, South Carolina, at (843) 720-3240.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (COTP 
Charleston 05-036), indicate the specific section of this document to 
which each comment applies, and give the reason for each comment. 
Please submit all comments and related material in an unbound format, 
no larger than 8\1/2\ by 11 inches, suitable for copying. If you would 
like to know they reached us, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this proposed rule in 
view of them.
    If, as we anticipate, we make this temporary final rule effective 
less than 30 days after publication in the Federal Register, we will 
explain in that publication, as required by 5 U.S.C. (d)(3), our good 
cause for doing so.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to The Marine Safety Office Charleston 
at the address under ADDRESSES explaining why one would be beneficial. 
If we determine that one would aid this rulemaking, we will hold one at 
a time and place announced by a later notice in the Federal Register.

Background and Purpose

    This regulation is needed to provide for the safety of life on 
navigable waters because of the inherent dangers associated with an 
open-water swimming event on a highly utilized body of water. The event 
will take place from 7 a.m. until 11 a.m. on May 21, 2005. The event 
sponsor will provide 30-40 kayaks to keep swimmers on course and assist 
the Coast Guard in patrolling the area. This rule creates an area that 
will prohibit non-participant vessels from entering the regulated area 
during the event without the permission of the Coast Guard Patrol 
Commander.

Discussion of Proposed Rule

    This Coast Guard Captain of the Port Charleston, South Carolina, 
proposes to establish a temporary safety zone in order to provide a 
safe area for this swimming event. The event will take place from 7 
a.m. until 11 a.m. on May 21, 2005. The safety zone will have patrol 
vessels to enforce the zone and the event sponsor will provide 30 to 40 
kayaks in order to assist the swimmers and ensure they are staying 
within the designated areas. The safety zone is necessary to protect 
the swimmers from the dangers of vessel traffic in the vicinity of the 
race. Marine Safety Office Charleston will notify the maritime 
community when the safety zone is in effect via a broadcast notice to 
mariners on VHF Marine Band Radio, Channel 16 (156.8 MHz), or by actual 
notice from on-scene security assets enforcing the zone.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary, because the safety zone will only 
be in effect for a limited time and for a limited area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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 proposed 
rule will not have a significant economic impact on a substantial 
number of small entities. This proposed rule will affect the following 
entities, some of which may be small entities: The owners or operators 
of vessels intending to transit or anchor in a portion of the Wando 
River, Cooper River, and Charleston Harbor from 7 a.m. to 11 a.m., May 
21, 2005. This proposed rule would not have a significant economic 
impact on a substantial number of small entities, because the rule will 
only be in effect for a limited time and for a limited area. Vessel 
traffic will be able to transit the waterway around the safety zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding this proposed rule so that they could better 
evaluate its effects on them and participate in the rulemaking process. 
Small entities may contact the person listed under FOR FURTHER 
INFORMATION CONTACT for assistance in understanding and participating 
in this rulemaking. 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.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 or more in any 
one year. Though this proposed rule would not result in such 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

[[Page 21704]]

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. Under figure 2-1, paragraph (34)(g), of 
the Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule. 
Comments on this section will be considered before we make the final 
decision on whether to categorically exclude this rule from further 
environmental review.

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 proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add new temporary Sec.  165.T07-036 to read as follows:


Sec.  165.T07-036  Safety Zone; Charleston, SC.

    (a) Regulated Area. The Coast Guard is establishing a temporary 
safety zone on the waters of the Wando River, Cooper River, and 
Charleston Harbor from the Hobcaw Yacht Club to the Charleston Harbor 
Marina and from the coast of Mount Pleasant to 150 yards offshore.
    (b) Regulations. In accordance with the general regulations in 
165.23 of this part, anchoring, mooring or transiting the Regulated 
Area is prohibited unless authorized by the Coast Guard Captain of the 
Port or Coast Guard Patrol Commander.
    (c) Effective Date. This rule is effective from 7 a.m. until 11 
a.m. on May 21, 2005.

    Dated: April 18, 2005.
D.W. Murk,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port, 
Charleston, South Carolina.
[FR Doc. 05-8351 Filed 4-26-05; 8:45 am]
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