[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Rules and Regulations]
[Pages 22417-22419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09863]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0121]
RIN 1625-AA00


Safety Zone; Tall Ships Charleston, Cooper River, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Cooper River in Charleston, South Carolina. This safety 
zone is necessary to provide for the safety of participant vessels and 
the general public during Tall Ships Charleston, an event allowing for 
public tours of tall ships (large sailing vessels) from various 
countries while at the docks of Veterans Terminal on the Cooper River 
in Charleston, South Carolina. This rule is intended to prohibit 
persons and vessels from entering, transiting through, anchoring in, or 
remaining within the safety zone unless authorized by the Captain of 
the Port Charleston (COTP) or a designated representative.

DATES: This rule is effective from May 18, 2017 through May 21, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov type USCG-
2017-0121 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 Commander 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
COTP Captain of the Port Charleston
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On December 1, 2016, Tall Ships Charleston notified the Coast Guard 
that they would be sponsoring the Tall Ships Charleston event on May 
18, 2017 through May 21, 2017. In response, on March 29, 2017 the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled ``Safety 
Zone; Tall Ships Charleston, Cooper River, Charleston, SC'' (82 FR 
15476). There we stated why we issued the NPRM, and invited comments on 
our proposed regulatory action related to this event. During the 
comment period that ended April 29, 2017, 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. Insufficient time 
remains following the closing of the period for public comment for the 
previously published NPRM, as the Tall Ships Charleston parade will 
occur before the delay in effective date would be completed. Because 
the potential hazards associated with public tours of these tall ships, 
the safety zone is necessary to provide for the safety of event 
participants.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The purpose of the rule is to ensure safety of life on the 
navigable water of the United States during Tall Ships Charleston.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on the NPRM, which 
published March 29, 2017. 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 May 18, 2017 through May 
21, 2017. Persons and vessels desiring to enter, transit through, 
anchor in, or remain within the regulated area may contact the Captain 
of the Port Charleston (COTP) 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 
COTP 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 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review) 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 (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 13771 (Reducing Regulation and Controlling

[[Page 22418]]

Regulatory Costs) directs agencies to reduce regulation and control 
regulatory costs and provides that ``for every one new regulation 
issued, at least two prior regulations be identified for elimination, 
and that the cost of planned regulations be prudently managed and 
controlled through a budgeting process.''
    OMB has not designated this rule a significant regulatory action 
under section 3(f) of Executive Order 12866. Accordingly, OMB has not 
reviewed it. As this rule is not a significant regulatory action, this 
rule is exempt from the requirements of Executive Order 13771. See the 
OMB Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    The economic impact of this rule is not significant for the 
following reasons: (1) Although persons and vessels may not enter, 
transit through, anchor in, or remain within the safety zone without 
authorization from the COTP or a designated representative, they may 
operate in the surrounding area during the enforcement period; (2) 
persons and vessels will still be able to enter, transit through, 
anchor in, or remain within the regulated area if authorized by the 
COTP; and (3) 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, 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 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 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 issued in conjunction with a 
regatta or marine parade that will prohibit persons and vessels from 
entering, transiting through, anchoring in, or remaining within a 
limited area on the waters of the Cooper River in Charleston, SC. This 
rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. A Record of 
Environmental Consideration (REC) supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES.

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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

[[Page 22419]]


0
2. Add Sec.  165.T07-0121 to read as follows:


Sec.  165.T07-0121  Safety Zone; Tall Ships Charleston, Cooper River, 
Charleston, SC.

    (a) Location. This safety zone consists of navigable waters of the 
Cooper River which begin at the shoreline and extend 100 yards off of 
each pier located at Veterans Terminal in Charleston, SC.
    (b) Definitions. 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 (COTP) 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 Tall Ships 
Charleston and those serving as safety vessels.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the COTP 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 COTP 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 from May 18, 
2017 through May 21, 2017.

    Dated: May 11, 2017.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston .
[FR Doc. 2017-09863 Filed 5-15-17; 8:45 am]
 BILLING CODE 9110-04-P