[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Rules and Regulations]
[Pages 24019-24021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11144]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0084]
RIN 1625-AA08


Special Local Regulation; Low Country Splash, Wando River, Cooper 
River, and Charleston Harbor; Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on 
the waters of the Wando River, Cooper River, and Charleston Harbor 
during the Low Country Splash Open Water Swim event. This action is 
necessary to ensure the safety of event participants and the general 
public on navigable waters of the United States during the event. This 
special local regulation prohibits non-participant persons and vessels 
from entering, transiting through, anchoring in, or remaining within a 
moving regulated area unless authorized by the Captain of the Port 
(COTP) Charleston or a designated representative.

DATES: This rule is effective from 7 a.m. until 11 a.m. on May 26, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0084 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 Justin Heck, 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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. We must 
establish this special local regulation on May 26, 2018 and lack 
sufficient time to publish an NPRM, provide a reasonable comment period 
and then consider those comments before issuing this rule. The NPRM 
process would delay the establishment of the regulated area until after 
the date of the swim event and compromise public safety.
    For the reason discussed above, 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.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority to establish 
special local regulations in 33 U.S.C. 1231. The Captain of the Port 
Charleston (COTP) has determined that potential hazards associated with 
the Low Country Splash Open Swim event presents a safety concern for 
anyone in the vicinity of the regulated area during the event. This 
rule is needed to protect participants, spectators, and the general 
public in the navigable waters within the regulated area during the Low 
Country Splash Open Swim event.

IV. Discussion of the Rule

    This rule establishes a special local regulation that will 
encompass certain waters of the Wando River, Cooper River, and 
Charleston Harbor during the Low Country Splash Open Swim event. The 
special local regulation will be enforced from 7 a.m. until 11 a.m. on 
May 26, 2018. This special local regulation will establish a moving 
regulated area beginning at Daniel Island Pier, south along the coast 
of Daniel Island, across the Wando River to Hobcaw Yacht Club, south 
along the coast of Mt. Pleasant, SC, to Charleston Harbor Resort 
Marina. Within the regulated area, non-participant persons and vessels 
are prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated area without obtaining permission from 
the COTP Charleston or a designated representative. Persons and vessels 
may request authorization to enter, transit through, anchor in, or 
remain within the regulated areas by contacting the COTP Charleston by 
telephone at (843) 740-7050, or a designated representative via VHF 
radio on channel 16. If authorization to enter, transit through, anchor 
in, or remain within the regulated areas is granted by the COTP 
Charleston or a designated representative, all persons and vessels 
receiving such authorization must comply with the instructions of the 
COTP Charleston or a designated representative. The Coast Guard will 
provide notice of the regulated areas by Local Notice to Mariners, 
Broadcast Notice to Mariners, or by 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive

[[Page 24020]]

Order 12866. Accordingly, this rule has not been reviewed by the Office 
of Management and Budget (OMB), and pursuant to OMB guidance it is 
exempt from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration and time-of-day of the event. Vessel traffic will be 
able to safely transit around the regulated area during the event, 
which will impact a small, moving area of the waters of the Wando 
River, Cooper River, and Charleston Harbor for a period of only four 
hours. Moreover, the Coast Guard would issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone, and the rule 
would allow vessels to seek permission from the COTP or a designated 
representative to enter, transit through, anchor in, or remain within 
the zone.

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'' comprised of small businesses and 
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 certifies under 5 
U.S.C. 605(b) that this rule would not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
special local regulation area may be small entities, for the reasons 
stated in V.A. above, this rule would not have a significant 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 above.

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 would not result 
in such an 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 
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 special local regulation 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 moving 
regulated area on the waters of the Wando River, Cooper River, and 
Charleston Harbor. It is categorically excluded from further review 
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01. A Record of Environmental Consideration 
supporting this determination is 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 100

    Marine Safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  100.T07-0084 to read as follows:


Sec.  100.T07-0084   Special Local Regulation; Low Country Splash, 
Wando River, Cooper River, and Charleston Harbor; Charleston, SC.

    (a) Location. The following regulated area is established as a 
special local regulation: All waters within a moving zone, beginning at 
Daniel Island Pier in approximate position 32[deg]51'20'' N, 
079[deg]54'06'' W, south along the coast of Daniel Island, across the 
Wando River to Hobcaw Yacht Club, in approximate position 
32[deg]49'20'' N, 079[deg]53'49'' W, south along the coast of Mt. 
Pleasant, S.C., to Charleston Harbor Resort Marina, in approximate 
position 32[deg]47'20'' N, 079[deg]54'39'' W. All

[[Page 24021]]

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 (COTP) Charleston in the enforcement of the 
regulated areas.
    (c) Regulations. (1) All non-participant persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated area unless authorized by the COTP 
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 COTP Charleston 
by telephone at 843-740-7050, or a designated representative via VHF 
radio on channel 16, to request authorization.
    (3) 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 Charleston or a designated representative.
    (4) 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) Enforcement period. This rule will be enforced from 7 a.m. 
until 11 a.m. on May 26, 2018.

    Dated: May 18, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port, Charleston.
[FR Doc. 2018-11144 Filed 5-23-18; 8:45 am]
 BILLING CODE 9110-04-P