[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Proposed Rules]
[Pages 40544-40547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16793]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0574]
RIN 1625-AA00


Safety Zone; ESI Ironman 70.3 Augusta Triathlon, Savannah River; 
Augusta, GA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the Savannah River in Augusta, Georgia during the ESI Ironman 70.3 
Augusta Triathlon on Sunday, September 30, 2012. The temporary safety 
zone would be necessary for the safety of the race participants, 
participant vessels, spectators, and the general public during the 1.1 
mile swim portion of the competition. Persons and vessels would be 
prohibited from entering, transiting through, anchoring in, or 
remaining within the temporary safety zone unless authorized by the 
Captain of the Port Savannah or a designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 9, 2012. Requests for public meetings must be 
received by the Coast Guard on or before July 15, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0574 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for further instructions on 
submitting comments. To avoid duplication, please use only one of these 
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer William N. Franklin, Marine Safety Unit 
Savannah Office of Waterways Management, Coast Guard; telephone 912-
652-4353, email [email protected]. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2012-0574) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8[frac12] by 11 inches, suitable 
for copying and

[[Page 40545]]

electronic filing. If you submit comments by mail and would like to 
know that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2012-0574) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before July 15, 2012 using one of the methods 
specified under ADDRESSES. Please explain why you believe a public 
meeting 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.

B. Basis and Purpose

    The legal basis for the proposed 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 proposed rule is to ensure the safety of the 
swimmers, participant vessels, spectators, and the general public 
during the ESI Ironman 70.3 Augusta.

C. Discussion of Proposed Rule

    On Sunday, September 30, 2012, the ESI Ironman 70.3 Augusta 
Triathlon is scheduled to take place in Augusta, Georgia. This event 
includes a 1.1 mile swim that will take place on the waters of the 
Savannah River. The swim starts at the 6th Street Railroad Bridge and 
finishes at Mile Post 198.
    The temporary safety zone will encompass certain waters of the 
Savannah River in Augusta, Georgia. The temporary safety zone will be 
enforced from 7 a.m. until 11:59 a.m. on September 30, 2012. 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 Savannah 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 Savannah by 
telephone at 912-652-4353, 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 safety zone is granted 
by the Captain of the Port Savannah or a designated representative, all 
persons and vessels receiving such authorization must comply with the 
instructions of the Captain of the Port Savannah or a designated 
representative. The Coast Guard will provide notice of the safety zone 
by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed 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, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this proposed rule is not significant for 
the following reasons: (1) The safety zone would be enforced for only 5 
hours; (2) although persons and vessels would not be able to enter, 
transit through, anchor in, or remain within the safety zone without 
authorization from the Captain of the Port Savannah or a designated 
representative, they would be able to operate in the surrounding area 
during the enforcement period; (3) persons and vessels would still be 
able to enter, transit through, anchor in, or remain within the 
regulated areas if authorized by the Captain of the Port Savannah or a 
designated representative; and (4) the Coast Guard would provide 
advance notification of the safety zone to the local maritime community 
by Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. 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 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 
Savannah River encompassed within the temporary safety zone from 7 a.m. 
until 11:59 a.m. on September 30, 2012. For the reasons discussed in 
the Regulatory Planning and Review section above, this proposed rule 
would not have a significant economic impact on a substantial number of 
small entities.
    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.

3. 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. 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, above. 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.

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4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    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 
determined that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

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

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use 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.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 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 a temporary safety zone on the waters of 
the Savannah River that will be enforced for a total of five hours. 
This rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. A preliminary 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

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. 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.

    2. Add a temporary Sec.  165.T07-0574 to read as follows:


Sec.  165.T07-0574  Safety Zone; ESI Ironman 70.3 Augusta Triathlon, 
Savannah River, Augusta, GA.

    (a) Regulated Area. The following regulated area is a safety zone. 
All waters of the Savannah River encompassed within an imaginary line 
connecting the following points: starting at Point 1 in position 
33[deg]28'44'' N, 81[deg]57'53'' W; thence northeast to Point 2 in 
position 33[deg]28'50'' N, 81[deg]57'50'' W; thence southeast to Point 
3 in position 33[deg]27'51'' N, 81[deg]55'36'' W; thence southwest to 
Point 4 in position 33[deg]27'47'' N, 81[deg]55'43'' W; thence 
northwest back to origin. 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 Savannah in the enforcement of the regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated areas unless authorized by the Captain of the Port Savannah 
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated areas may contact the Captain of the 
Port Savannah by telephone at 912-652-4353, or a designated 
representative via

[[Page 40547]]

VHF radio on channel 16, to request authorization. If authorization to 
enter, transit through, anchor in, or remain within the regulated areas 
is granted by the Captain of the Port Savannah or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Savannah 
or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners and Broadcast Notice to Mariners. Notice will 
also be provided by on-scene designated representatives.
    (d) Effective Date. This rule is effective from 7 a.m. until 11:59 
a.m. on September 30, 2012.

    Dated: June 25, 2012.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2012-16793 Filed 7-9-12; 8:45 am]
BILLING CODE 9110-04-P