[Federal Register Volume 71, Number 96 (Thursday, May 18, 2006)]
[Proposed Rules]
[Pages 28835-28837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4628]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Charleston 06-070]
RIN 1625-AA00


Safety Zone; Lowcountry Splash, Charleston Harbor, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to create a temporary safety zone in 
the Wando River, Cooper River, and Charleston Harbor from Hobcaw Yacht 
Club to Charleston Harbor Marina along the coast of Mount Pleasant, SC, 
to approximately 150 yards offshore, during the Lowcountry Splash 
swimming event on June 24, 2006. A safety zone is necessary to prevent 
commercial or recreational boating traffic from interfering with 
swimmers on the racecourse. This rule provides for the safety of 
swimmers and vessels transiting the area.

DATES: Comments and related material must reach the Coast Guard on or 
before June 19, 2006.

ADDRESSES: You may mail comments and related material to, U.S. Coast 
Guard Sector Charleston, Waterways Management Division, Charleston, 
South Carolina 29401. Comments and material received from the public, 
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 U.S. Coast Guard Sector Charleston, Waterways 
Management Office between 8 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer James J. McHugh, 
U.S. Coast Guard Sector Charleston, Waterways Management Division, 
(843) 724-7647.

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 06-070), 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.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Chief Warrant Officer James J. 
McHugh, 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

    The Lowcountry Splash is a 2.4 mile open water swimming event in 
the Wando River and Charleson Harbor, parallel to Mt. Pleasant, SC 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 in a highly transited body of water. The event sponsor 
will provide 20-30 kayaks to keep swimmers on course and assist the 
Coast Guard in patrolling the area. This rule creates a regulated 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 rule allows the Coast Guard Captain of the Port Charleston, 
South Carolina, to establish a temporary safety zone in order to 
provide for a safe area for the swimming event. The safety zone will 
have patrol vessels to enforce the zone and the event sponsor will 
provide 20 to 30 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 commercial and recreational 
vessel traffic in the vicinity of the race. Sector Charleston will 
notify the maritime community of periods during which these safety 
zones will be in effect via a broadcast notice to mariners on VHF 
Marine Band Radio, Channel 16 (156.8 MHz), or by having on-scene assets 
inform vessel traffic as necessary.

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 would not have a significant economic impact on a substantial 
number of small entities. This rule will affect the following entities, 
some of which may be small entities: the owners or operators of vessels 
intending to transit

[[Page 28836]]

or anchor in a portion of the Wando River, Cooper River, and Charleston 
Harbor from 7:00 a.m. to 11 a.m., June 24, 2006.
    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.

Assistance for Small Entities

    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 so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Chief Warrant Officer James J. 
McHugh, U.S. Coast Guard Sector Charleston, Waterways Management 
Division, at (843) 724-7647. 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 effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

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 proposed 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 made a preliminary determination 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, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation because this is a 
temporary safety zone.
    A preliminary ``Environmental Analysis Check List'' is available in 
the docket where indicated under ADDRESSES. Comments on this section 
will be considered before we make the final decision on whether this 
rule should be categorically excluded 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.T07-70 to read as follows:


Sec.  165.T07-70  Safety Zone; Charleston, SC.

    (a) Regulated Area. The waters of the Wando River, Cooper River, 
and Charleston Harbor from Hobcaw Yacht Club, in approximate position 
32[deg]49.324 N 079[deg]53.813 W, South along the coast

[[Page 28837]]

of Mt. Pleasant, S.C., to Charleston Harbor Marina, approximate 
position 32[deg]47.198 N 079[deg]54.639 W and encompasses an area 150 
yards offshore between the two points.
    (b) Regulations. In accordance with the general regulations of 
Sec.  165.23 of this part, all persons and vessels are prohibited from 
entering, anchoring, mooring or transiting the Regulated Area unless 
authorized by the Coast Guard Captain of the Port or Coast Guard Patrol 
Commander.
    (c) Dates. This rule is effective from 7 a.m. to 11 a.m. on June 
24, 2006.

    Dated: April 24, 2006.
J.E. Cameron,
Captain, U.S. Coast Guard, Captain of the Port, Charleston, South 
Carolina.
[FR Doc. 06-4628 Filed 5-17-06; 8:45 am]
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