[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Rules and Regulations]
[Pages 23632-23633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09345]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0115]
RIN 1625-AA00


Safety Zone; Xterra Swim, Myrtle Beach, SC Intracoastal Waterway; 
Myrtle Beach, SC

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 Intracoastal Waterway in Myrtle Beach, South Carolina on 
Sunday, April 24, 2016 for the Xterra Swim. The temporary safety zone 
is necessary for the safety of the swimmers, participant vessels, 
spectators, and the general public during the event. The temporary 
safety zone will restrict vessel traffic in a portion of the 
Intracoastal Waterway, preventing non-participant vessels 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.

DATES: This rule is effective on April 24, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov type USCG-
2016-0115 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant John Downing, Sector Charleston Office of 
Waterways Management, Coast Guard; telephone (843) 740-3184, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On February 8, 2016, Set Up Events notified the Coast Guard that it 
will sponsor the Xterra Myrtle Beach Swim from 7:15 a.m. to 9:15 a.m. 
on April 24, 2016. In response, on March 3, 2016, the Coast Guard 
published a notice of proposed rulemaking (NPRM) titled, Safety Zone; 
Xterra Swim, Myrtle Beach, SC Intracoastal Waterway; Myrtle Beach, SC 
[2016 FR 04664]. There we stated why we issued the NPRM, and invited 
comments on our proposed regulatory action related to this special 
local regulation. During the comment period that ended April 4, 2016, 
we received no comments.
    Under good cause provisions in 5 U.S.C. 553(d)(3), we are making 
this rule effective less than 30 days after its publication in the 
Federal Register. The Coast Guard finds that good cause exists for 
making this rule effective starting April 24, 2016 because the Coast 
Guard did not receive notice of this event in time to publish an NPRM 
and publish a final rule 30 days before the event. The Coast Guard also 
finds good cause for making this rule effective less than 30 days after 
publication in the Federal Register because the public was provided 
details of the event on March 3, 2016 in the NPRM and designated 
representatives will be on scene to help the public understand how to 
comply with this rule.

III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's Authority to 
establish a safety zone: 33 U.S.C. 1231. The purpose of the proposed 
rule is to ensure safety of life on the navigable water of the United 
States during the swim portion of the Xterra Myrtle Beach Triathlon

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published March 
3, 2016. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM. This rule establishes a safety zone from 
7:15 to 9:15 a.m. on April 24, 2016. The safety zone will cover a 
portion of Atlantic Intracoastal Waterway in Myrtle Beach, South 
Carolina. Approximately 75 swimmers are anticipated to participate in 
the race. 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, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston 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.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The economic impact of this rule is not significant for the 
following reasons: (1) The temporary safety zone would be enforced for 
only two hours; (2) although persons and vessels would not be able to 
enter, transit through, anchor in, or remain within the regulated area 
without authorization from the Captain of the Port Charleston or a 
designated representative, they would be able to operate in the 
surrounding area during the enforcement periods; (3) persons and 
vessels would still be able to enter, transit through, anchor in, or 
remain within the regulated area if authorized by the Captain of the 
Port Charleston or a designated representative; and (4) the Coast Guard 
would provide advance notification of the regulated area to the local 
maritime community by Local Notice to Mariners and Broadcast Notice to 
Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this

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rule will not have a significant economic impact on a substantial 
number of small entities. While some owners or operators of vessels 
intending to transit the safety zone may be small entities, for the 
reasons stated in section V.A above, this rule will not have a 
significant economic impact on any vessel owner or operator.
    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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive 
Order13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. 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 (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 rule involves a temporary safety zone issued in 
conjunction with a regatta or marine parade. This rule is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction.

G. 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.

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, 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. 1226, 1231; 50 U.S.C. 191; 33 CFR 1.05-
1(g), 6.04-1, and 160.5; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add a temporary Sec.  165.T07-0115 to read as follows:


Sec.  100.T07-0115  Safety Zone; Xterra Swim, Myrtle Beach SC.

    (a) Regulated area. A temporary safety zone is established on 
certain waters of Intracoastal Waterway, Myrtle Beach, South Carolina. 
The temporary safety zone consists of all waters between the following 
two points of position and the North shore: 33[deg]45.076' N, 
78[deg]50.790' W to 33[deg]45.323' N, 78[deg]50.214' W. All coordinates 
are North American Datum 1983.
    (b) Definition. As used in this section, ``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 areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area, except persons and vessels participating in the Xterra 
Swim, Myrtle Beach, or serving as safety vessels.
    (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, 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 
Marine Safety Information Bulletins, Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement period. This rule will be enforced on April 24, 
2016 from 7:15 a.m. until 9:15 a.m.

    Dated: April 18, 2016.
G. L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-09345 Filed 4-21-16; 8:45 am]
 BILLING CODE 9110-04-P