[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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[[Page 61134]]

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

[[Page 61135]]

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

[[Page 61136]]

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]
 BILLING CODE 9110-04-P