Safety Zone; ESI Ironman 70.3 Augusta Triathlon, Savannah River, Augusta, GA, 53829-53831 [2011-22074]
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Federal Register / Vol. 76, No. 168 / Tuesday, August 30, 2011 / Rules and Regulations
impacts on the human environment;
does not involve a substantial change to
existing environmental conditions; and
is consistent with Federal, State, and/or
local laws or administrative
determinations relating to the
environment. This rule involves
establishing a temporary safety zone.
Pursuant to paragraph (34)(g) of the
Instruction, an environmental checklist
and a categorical exclusion checklist are
available in the docket indicated under
ADDRESSES.
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—SAFETY ZONES
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Redesignate section 165.T11–0511
temporarily added at 76 FR 38013, June
29, 2011, as section 165.T11–0528,
effective from June 2, 2011 to August 30,
2011, and will continue in effect
through October 31, 2011.
■
Dated: August 18, 2011.
B.L. Black,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2011–22072 Filed 8–29–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0691]
RIN 1625–AA00
Safety Zone; ESI Ironman 70.3 Augusta
Triathlon, Savannah River, Augusta,
GA
Coast Guard, DHS.
Temporary final rule.
srobinson on DSK4SPTVN1PROD with RULES
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of the Savannah River in
Augusta, Georgia during the ESI
Ironman 70.3 Augusta Triathlon on
Sunday, September 25, 2011. The
SUMMARY:
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temporary safety zone is necessary for
the safety of the race participants,
participant vessels, spectators, and the
general public during the 1.1 mile swim
portion of the competition. 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
Savannah or a designated
representative.
DATES: This rule is effective from 7 a.m.
until 11:59 a.m. on September 25, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0691 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0691 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
final rule, call or e-mail Marine Science
Technician Third Class Timothy R.
Estep, Marine Safety Unit Savannah
Office of Waterways Management, Coast
Guard; telephone 912–652–4353, e-mail
Timothy.R.Estep@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final 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 the
Coast Guard did not receive necessary
information regarding the ESI Ironman
70.3 Augusta Triathlon until July 7,
2011. As a result, the Coast Guard did
not have sufficient time to publish an
NPRM and to receive public comments
prior to the event. Any delay in the
effective date of this rule would be
contrary to the public interest because
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53829
immediate action is needed to minimize
the potential danger to the race
participants, participant vessels,
spectators, and the general public.
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. Immediate action is necessary
in order to restrict vessel movement and
ensure maritime public safety during
this event.
Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, 160.5; Public Law 107–295, 116
Stat. 2064; 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 during the ESI Ironman 70.3
Augusta Triathlon.
Discussion of Rule
On Sunday, September 25, 2011, the
ESI Ironman 70.3 Augusta Triathlon is
scheduled to take place in Augusta,
Georgia. This event includes a 1.1 mile
swim that will take place on the waters
of the Savannah River. The swim starts
at the 6th Street Railroad Bridge and
finishes at Mile Post 198.
The safety zone encompasses certain
waters of the Savannah River in
Augusta, Georgia. The safety zone will
be enforced from 7 a.m. until 11:59 a.m.
on September 25, 2011. 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
Savannah or a designated
representative. Persons and vessels
desiring to enter, transit through, anchor
in, or remain within the safety zone may
contact the Captain of the Port
Savannah by telephone at 912–652–
4353, 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 safety zone is granted by the
Captain of the Port Savannah or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Savannah or a
designated representative. The Coast
Guard will provide notice of the safety
zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and onscene designated representatives.
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53830
Federal Register / Vol. 76, No. 168 / Tuesday, August 30, 2011 / Rules and Regulations
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
encompassed within the safety zone
from 7 a.m. until 11:59 a.m. on
September 25, 2011. For the reasons
discussed in the Executive Order 12866
and Executive Order 13563 section
above, this rule will not have a
significant economic impact on a
substantial number of small entities.
Executive Order 12866 and Executive
Order 13563
Assistance for Small Entities
Regulatory Analyses
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
that Order.
The economic impact of this rule is
not significant for the following reasons:
(1) The safety zone will be enforced for
only five hours; (2) although persons
and vessels will not be able to enter,
transit through, anchor in, or remain
within the safety zone without
authorization from the Captain of the
Port Savannah or a designated
representative, they may operate in the
surrounding area during the
enforcement period; (3) persons and
vessels may still enter, transit through,
anchor in, or remain within the safety
zone if authorized by the Captain of the
Port Savannah or a designated
representative; and (4) 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.
srobinson on DSK4SPTVN1PROD with RULES
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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 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.
This rule may affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to enter, transit
through, anchor in, or remain within
that portion of the Savannah River
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18:46 Aug 29, 2011
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Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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 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.
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Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
E:\FR\FM\30AUR1.SGM
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Federal Register / Vol. 76, No. 168 / Tuesday, August 30, 2011 / Rules and Regulations
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded 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 is categorically
excluded, under figure 2–1, paragraph
34(g), of the Instruction. This rule
involves the establishment of a
temporary safety zone on the waters of
the Savannah River that will be
enforced for a total of five hours. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add a temporary § 165.T07–0691 to
read as follows:
srobinson on DSK4SPTVN1PROD with RULES
■
§ 165.T07–0691 Safety Zone; ESI Ironman
70.3 Augusta Triathlon, Savannah River,
Augusta, GA.
2 in position 33°28′50″ N, 81°57′50″ W;
thence southeast to Point 3 in position
33°27′51″ N, 81°55′36″ W; thence
southwest to Point 4 in position
33°27′47″ N, 81°55′43″ W; thence
northwest back to origin. 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 Savannah in the
enforcement of the regulated area.
(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
Savannah 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
Savannah by telephone at 912–652–
4353, 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 Savannah or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Savannah 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) Effective Date. This rule is
effective from 7 a.m. until 11:59 a.m. on
September 25, 2011.
Dated: August 8, 2011.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of
the Port Savannah.
[FR Doc. 2011–22074 Filed 8–29–11; 8:45 am]
BILLING CODE 9110–04–P
(a) Regulated Area. The following
regulated area is a safety zone. All
waters of the Savannah River
encompassed within an imaginary line
connecting the following points: starting
at Point 1 in position 33°28′44″ N,
81°57′53″ W; thence northeast to Point
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53831
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 101029427–1413–03]
RIN 0648–XY82
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; 2011
Summer Flounder, Scup, and Black
Sea Bass Specifications; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule, correcting
amendment.
AGENCY:
On December 28, 2010, NMFS
published in the Federal Register the
final rule to implement the 2011
summer flounder, scup, and black sea
bass specifications, which established
commercial summer flounder
allocations for each coastal state from
North Carolina to Maine. Following
publication, an error was identified in
the amount of commercial summer
flounder allocated to the State of
Maryland. This rule corrects that error.
DATES: Effective August 30, 2011
through December 31, 2011.
FOR FURTHER INFORMATION CONTACT:
Carly Knoell, Fisheries Management
Specialist, (978) 281–9224,
carly.knoell@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Regulations for the summer flounder
fishery are found at 50 CFR part 648.
The regulations require annual
specification of a commercial quota that
is apportioned among the coastal states
from North Carolina through Maine. The
process to set the annual commercial
quota and the percent allocated to each
state are described in § 648.100.
Need for Correction
The final rule implementing 2011
summer flounder, scup, and black sea
bass specifications published on
December 28, 2010 (75 FR 81498). An
error was found in the specifications in
Table 1, on page 81500, regarding the
amount of commercial summer flounder
quota allocated to Maryland. Using the
most recent summer flounder landings
data for Maryland, NMFS determined
that the 2011 commercial summer
flounder quota for Maryland should be
increased from 298,330 lb (135.3 mt) to
354,296 lb (160.7 mt). The entry in
E:\FR\FM\30AUR1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Rules and Regulations]
[Pages 53829-53831]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22074]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0691]
RIN 1625-AA00
Safety Zone; ESI Ironman 70.3 Augusta Triathlon, Savannah River,
Augusta, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Savannah River in Augusta, Georgia during the ESI Ironman
70.3 Augusta Triathlon on Sunday, September 25, 2011. The temporary
safety zone is necessary for the safety of the race participants,
participant vessels, spectators, and the general public during the 1.1
mile swim portion of the competition. 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 Savannah or a designated representative.
DATES: This rule is effective from 7 a.m. until 11:59 a.m. on September
25, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0691 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0691 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or e-mail Marine Science Technician Third
Class Timothy R. Estep, Marine Safety Unit Savannah Office of Waterways
Management, Coast Guard; telephone 912-652-4353, e-mail
Timothy.R.Estep@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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 the Coast Guard did not receive
necessary information regarding the ESI Ironman 70.3 Augusta Triathlon
until July 7, 2011. As a result, the Coast Guard did not have
sufficient time to publish an NPRM and to receive public comments prior
to the event. Any delay in the effective date of this rule would be
contrary to the public interest because immediate action is needed to
minimize the potential danger to the race participants, participant
vessels, spectators, and the general public.
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. Immediate action is necessary in
order to restrict vessel movement and ensure maritime public safety
during this event.
Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
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 during the ESI
Ironman 70.3 Augusta Triathlon.
Discussion of Rule
On Sunday, September 25, 2011, the ESI Ironman 70.3 Augusta
Triathlon is scheduled to take place in Augusta, Georgia. This event
includes a 1.1 mile swim that will take place on the waters of the
Savannah River. The swim starts at the 6th Street Railroad Bridge and
finishes at Mile Post 198.
The safety zone encompasses certain waters of the Savannah River in
Augusta, Georgia. The safety zone will be enforced from 7 a.m. until
11:59 a.m. on September 25, 2011. 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 Savannah
or a designated representative. Persons and vessels desiring to enter,
transit through, anchor in, or remain within the safety zone may
contact the Captain of the Port Savannah by telephone at 912-652-4353,
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 safety zone is granted by the Captain of the Port
Savannah or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Savannah 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.
[[Page 53830]]
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that Order.
The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will be enforced for only five
hours; (2) although persons and vessels will not be able to enter,
transit through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Savannah or a designated
representative, they may operate in the surrounding area during the
enforcement period; (3) persons and vessels may still enter, transit
through, anchor in, or remain within the safety zone if authorized by
the Captain of the Port Savannah or a designated representative; and
(4) 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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 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. This rule may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Savannah River encompassed within the safety zone from 7 a.m. until
11:59 a.m. on September 25, 2011. For the reasons discussed in the
Executive Order 12866 and Executive Order 13563 section above, this
rule will not have a significant economic impact on a substantial
number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are
[[Page 53831]]
technical standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) that are developed or adopted by
voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph 34(g), of
the Instruction. This rule involves the establishment of a temporary
safety zone on the waters of the Savannah River that will be enforced
for a total of five hours. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.
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; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add a temporary Sec. 165.T07-0691 to read as follows:
Sec. 165.T07-0691 Safety Zone; ESI Ironman 70.3 Augusta Triathlon,
Savannah River, Augusta, GA.
(a) Regulated Area. The following regulated area is a safety zone.
All waters of the Savannah River encompassed within an imaginary line
connecting the following points: starting at Point 1 in position
33[deg]28'44'' N, 81[deg]57'53'' W; thence northeast to Point 2 in
position 33[deg]28'50'' N, 81[deg]57'50'' W; thence southeast to Point
3 in position 33[deg]27'51'' N, 81[deg]55'36'' W; thence southwest to
Point 4 in position 33[deg]27'47'' N, 81[deg]55'43'' W; thence
northwest back to origin. 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 Savannah in the enforcement of the regulated area.
(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 Savannah 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 Savannah by telephone at 912-652-4353, 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 Savannah or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Savannah 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) Effective Date. This rule is effective from 7 a.m. until 11:59
a.m. on September 25, 2011.
Dated: August 8, 2011.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2011-22074 Filed 8-29-11; 8:45 am]
BILLING CODE 9110-04-P
