[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Rules and Regulations]
[Pages 58401-58403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24140]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0575]
RIN 1625-AA00


Safety Zone; Swim Around Charleston, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
during the Swim Around Charleston, a swimming race occurring on waters 
of the Wando River, the Cooper River, Charleston Harbor, and the Ashley 
River, in Charleston, South Carolina. The Swim Around Charleston is 
scheduled to take place on Sunday, October 23, 2011. The temporary 
safety zone is necessary for the safety of the swimmers, participant 
vessels, spectators, and the general public during the event. Persons 
and vessels are prohibited from entering, transiting through, anchoring 
in, or remaining within the safety zone unless authorized by the 
Captain of the Port Charleston or a designated representative.

DATES: This rule is effective from 10 a.m. until 4 p.m. on October 23, 
2011.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-0575 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-0575 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or e-mail Ensign John R. Santorum, Sector 
Charleston Office of Waterways Management, Coast Guard; telephone 843-
740-3184, e-mail [email protected]. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On July 1, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; Swim Around Charleston, Charleston, SC in 
the Federal Register (76 FR 38586). We received no comments on the 
proposed rule. No public meeting was requested, and none was held.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to ensure the safety of the swimmers, 
participant vessels, spectators, and the general public during the Swim 
Around Charleston.

Discussion of Comments and Changes

    The Coast Guard did not receive any comments to the proposed rule, 
and no changes were made to the regulatory text.

Discussion of Rule

    On Sunday, October 23, 2011, the Swim Around Charleston is 
scheduled to take place on the waters of the Wando River, the Cooper 
River, Charleston Harbor, and the Ashley River, in Charleston, South 
Carolina. The Swim Around Charleston will consist of a 10-mile swim 
that starts at Remley's Point on the Wando River, crosses the main 
shipping channel of Charleston Harbor, and finishes at the General 
William B. Westmoreland Bridge on the Ashley River.
    This rule establishes a temporary moving safety zone of a 75-yard 
radius around the Swim Around Charleston participant vessels that are 
officially associated with the swim on the waters of the Wando River, 
the Cooper River, Charleston Harbor, and the Ashley River, in 
Charleston, South Carolina. The temporary safety zone will be enforced 
from 10 a.m. until 4 p.m. on October 23, 2011. Persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the safety zone unless authorized by the Captain of 
the Port Charleston or a designated representative. Persons and vessels 
desiring to enter, transit through, anchor in, or remain within the 
safety zone 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.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, 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.
    The economic impact of this rule is not significant for the 
following reasons: (1) The safety zone will only be enforced for a 
total of six hours; (2) the safety zone will move with the participant 
vessels so that once the swimmers clear a portion of the waterway, the 
safety zone will no longer be enforced in that portion of the waterway; 
(3) 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; (4) 
persons and vessels may still enter, transit through, anchor in, or 
remain within the safety zone if authorized by the Captain of the Port 
Charleston or a designated representative; and (5) 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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit

[[Page 58402]]

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. This rule may affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
enter, transit through, anchor in, or remain within that portion of the 
Wando River, the Cooper River, Charleston Harbor, and the Ashley River 
in Charleston, South Carolina encompassed within the safety zone from 
10 a.m. until 4 p.m. on October 23, 2011. For the reasons discussed in 
the Executive Order 12866 and Executive Order 13563 section above, this 
rule will not have a significant economic impact on a substantial 
number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    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.

Collection of Information

    This rule calls 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 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule involves establishing a temporary safety 
zone that will be enforced for a total of six hours. An environmental 
analysis checklist and a categorical exclusion determination are 
available in the docket where indicated under ADDRESSES.

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:


[[Page 58403]]


    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add a temporary Sec.  165.T07-0575 to read as follows:


Sec.  165.T07-0575  Safety Zone; Swim Around Charleston, Charleston, 
SC.

    (a) Regulated Area. The following regulated area is a moving safety 
zone: 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. All coordinates are North American 
Datum 1983.
    (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 
area.
    (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) Effective Date. This rule is effective from 10 a.m. until 4 
p.m. on October 23, 2011.

    Dated: September 7, 2011.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2011-24140 Filed 9-20-11; 8:45 am]
BILLING CODE 9110-04-P