[Federal Register Volume 77, Number 174 (Friday, September 7, 2012)]
[Rules and Regulations]
[Pages 55141-55143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22004]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0574]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Savannah River in Augusta, Georgia during the ESI Ironman 
70.3 Augusta Triathlon on Sunday, September 30, 2012. The event will 
include a 1.1 mile swim on the waters of the Savannah River. The 
temporary safety zone is necessary for the safety of the race 
participants, participant vessels, spectators, and the general public 
during the swim portion of the competition. 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.

DATES: This rule is effective from 7 a.m. until 11:59 a.m. on September 
30, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0574. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Marine Science Technician First 
Class William N. Franklin, Marine Safety Unit Savannah Office of 
Waterways Management, Coast Guard; telephone 912-652-4353. 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. Regulatory History and Information

    On July 10, 2012, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Safety Zone; ESI Ironman 70.3 Augusta 
Triathlon, Savannah River, Augusta, GA in the Federal Register (77 FR 
40544). The Coast Guard received no comments on the proposed rule. No 
public meeting was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. This event will occur before 30 
days have elapsed after the publication of the rule in the Federal 
Register. Insufficient time was available to provide both a period for 
meaningful comment and also a 30 day period after publication for the 
effective date of this temporary final rule.

B. Basis and Purpose

    (a) 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; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    (b) The purpose of the rule is to ensure the safety of the 
swimmers, participant vessels, spectators, and the general public 
during the ESI Ironman 70.3 Augusta Triathlon.

C. Discussion of Comments, Changes and the Final Rule

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

[[Page 55142]]

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 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.

1. Regulatory Planning and Review

    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, 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 rule is not significant for the following reasons: (1) The safety 
zone will only be enforced for only five hours; (2) although persons 
and vessels will 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 may operate in 
the surrounding area during the enforcement period; (3) persons and 
vessels may still enter, transit through, anchor in, or remain within 
the safety zone if authorized by the Captain of the Port Savannah or a 
designated representative; and (4) 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.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 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 received no comments from the Small Business 
Administration on this rule. 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.
    (1) 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 
Savannah River encompassed within the safety zone from 7 a.m. until 
11:59 a.m. on September 30, 2012.
    (2) 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.

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 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.
    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.

4. Collection of Information

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

8. Taking of Private Property

    This rule will 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 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

    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.

11. 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

[[Page 55143]]

Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

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

13. Technical Standards

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

14. 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 determined 
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 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. An 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 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 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:

    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.T07-0574 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 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 Savannah 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 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 regulated area 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 area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and 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: August 28, 2012.
J. B. Loring,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2012-22004 Filed 9-6-12; 8:45 am]
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