[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Rules and Regulations]
[Pages 14870-14872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07263]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0024]
RIN 1625-AA00
Safety Zone; Xterra Swim, 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 for
certain waters of the Atlantic Intracoastal Waterway in Myrtle Beach,
South Carolina. This action is necessary to provide for the safety of
the swimmers, participant vessels, spectators, and the general public
during the swim portion of the Xterra Triathlon. This regulation
prohibits non-participant vessels and persons 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 from 7 a.m. through 9 a.m. on April 14,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0024 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 Waterways
Management division, 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
[[Page 14871]]
II. Background Information and Regulatory History
On January 9, 2019, Go Race Productions notified the Coast Guard
that it would be sponsoring the Xterra Swim from 7:30 a.m. to 8:30 a.m.
on April 14, 2019. Approximately 200 swimmers are anticipated to
participate in the swim portion of the event, which is a 1500-yard
course, located on certain waters of the Atlantic Intracoastal Waterway
in Myrtle Beach, South Carolina. In response, on March 1, 2019, the
Coast Guard published an NPRM titled ``Safety Zone, Xterra Swim,
Intracoastal Waterway, Myrtle Beach, SC'' (84 FR 6994). 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
March 30, 2019, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Charleston
(COTP) has determined that potential hazards associated with the large
number of participants during the swim will be a safety concern. The
purpose of the rule is to ensure the safety of the participants,
spectators, the general public, vessels and the navigable waters in the
safety zone before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published March
1, 2019. 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 7:00 a.m. to 9:00 a.m. on
April 14, 2019. The safety zone will cover a portion of the Atlantic
Intracoastal Waterway in Myrtle Beach, South Carolina. Approximately
200 swimmers are anticipated to participate in the race. The duration
of the zone is intended to ensure the safety of the participants, the
general public, vessels and the navigable waters before, during, and
after the scheduled 7:30 a.m. to 8:30 a.m. swim. No vessel or person
will be permitted to enter, transit through, anchor in or remain within
the safety zone without obtaining permission from COTP Charleston or a
designated representative. If authorization to enter, transit through,
anchor in, or remain within the safety zone is granted by the COTP or a
designated representative, 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,
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 rule has not been
designated a ``significant regulatory action,'' under Executive 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: (1) The temporary
safety zone will only be enforced for two hours; (2) although persons
and vessels may not enter, transit through, anchor in, or remain within
the regulated area without authorization from the COTP Charleston or a
designated representative, they may operate in the surrounding area
during the enforcement period; 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, or by on-
scene designated representatives.
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 zero 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,
[[Page 14872]]
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 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 M16475.1D, 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 safety zone that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within a limited area
near Myrtle Beach, SC, on the waters of the Intracoastal Waterway in
Myrtle Beach, SC, during a race event lasting two hours. It is
categorically excluded from further review under paragraph L60(a) 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 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T07-0024 to read as follows:
Sec. 165.T07-0024 Safety Zone; Xterra Swim, Myrtle Beach SC.
(a) Location. The following is a safety zone: Certain waters of the
Atlantic Intracoastal Waterway within the following two points of
position and the North shore: 33[deg]45'03'' N, 78[deg]50'47'' W to
33[deg]45'18'' N, 78[deg]50'14'' W, located in Myrtle Beach, South
Carolina. 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
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement period. This rule will be enforced from 7:00 a.m.
until 9:00 a.m. on April 14, 2019.
Dated: April 5, 2019.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2019-07263 Filed 4-11-19; 8:45 am]
BILLING CODE 9110-04-P