[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Rules and Regulations]
[Pages 61133-61136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21272]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0241]
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 the
Wando River, the Cooper River, Charleston Harbor, and the Ashley River,
in Charleston, South Carolina on September 25, 2016. 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 portions of the
Charleston Harbor and surrounding rivers. 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 on September 25, 2016 from 8:45 a.m.
until 3:45 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov type USCG-
2016-0241 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 March 17, 2016, Kathleen Wilson notified the Coast Guard that
she will be sponsoring the Swim Around Charleston from 9 a.m. to 3:30
p.m. on September 25, 2016. In response, on June 6, 2016, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled Safety
Zone, Swim Around Charleston; Charleston, SC. 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 July 7, 2016, we received no comments.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be impracticable due to the date of the event.
The Coast Guard did not receive any adverse comments during the period
outlined in the NPRM with regard to this rule.
III. Legal Authority and Need for Rule
The legal basis for this rule is the Coast Guard's Authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
and 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 life during the
Swim Around Charleston.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published June
6, 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 8:45 a.m. to 3:45 p.m. on
September 25, 2016. The safety zone will cover a portion of the waters
of the Wando River, Cooper River, Charleston Harbor, and Ashley River,
in Charleston, South Carolina. Approximately 120 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 protesters.
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 will be enforced for a
total of seven 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.
B. 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 rulemaking. 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. While some owners or
operators of vessels intending to transit the safety zone may be small
entities, for the reasons discussed in the Regulatory Planning and
Review section above, this rule will not have a
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significant economic impact on a substantial number of 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
section, 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.
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 Order
13132.
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 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 a temporary safety zone. This rule is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist and a
Categorical Exclusion Determination was completed for 2016. The
environmental analysis checklist and Categorical Exclusion
Determination are available in the docket folder where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
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
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. 1226, 1231; 50 U.S.C. 191; 33 CFR 1.05-1,
6.04-1, 160.5; and Department of Homeland Security Delegation No.
0170.1.
0
2 . Add Sec. 165.T07-0241 to read as follows:
Sec. 165.T07-0241 Safety Zone; Swim Around Charleston, Charleston,
SC.
(a) Regulated area. The following regulated area is a moving safety
zone: All waters within a 50-yard radius in front of the lead safety
vessel preceding the first race participants, 50 yards behind the
safety vessel trailing the last race participants, and at all times
extend 100 yards on either side of safety vessels. The Swim Around
Charleston swimming race consists of a 12 mile course that starts at
Remley 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
areas.
(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
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
(d) Effective date. This rule will is effective on September 25,
2016 and
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will be enforced from 8:45 a.m. until 3:45 p.m.
B.D. Falk,
Commander, U.S. Coast Guard, Acting Captain of the Port Charleston.
[FR Doc. 2016-21272 Filed 9-2-16; 8:45 am]
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