Safety Zone; Myrtle Beach Triathlon, Atlantic Intracoastal Waterway, Myrtle Beach, SC, 54703-54706 [2011-22491]
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Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations
the conduct that will subject an
individual to a ban and the procedures
we will follow when banning an
individual from entering our offices. We
expect that the regulations will result in
a safer environment for our personnel
and the public who visit our facilities,
while ensuring that our personnel can
continue to serve the American people
with as little disruption to our
operations as possible.
§ 422.902 Definition of personnel for
purposes of this subpart.
We will construe the term
‘‘personnel’’ broadly to mean persons
responsible for or engaged in carrying
out the responsibilities, programs, or
services of or on behalf of the agency.
Personnel includes, but is not limited
to, our employees, contractors,
consultants, and examiners and State
disability determination services (DDS)
employees, contractors, consultants, and
examiners.
§ 422.903
Prohibited conduct.
We will ban you from entering our
offices if you:
(a) Physically or verbally assault our
personnel or a member of the public in
our occupied space;
(b) Use force or threats of force against
our personnel or offices, including but
not limited to communicating threats in
person or by phone, facsimile, mail, or
electronic mail;
(c) Engage in disruptive conduct that
impedes our personnel from performing
their duties; or
(d) Engage in disruptive conduct that
impedes members of the public from
obtaining services from our personnel.
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§ 422.904
Notice of the ban.
If an agency manager makes a
decision in writing that you pose a
threat to the safety of our personnel,
visitors, office, or the operational
effectiveness of the agency, we will send
you a notice banning you from our
offices. The notice will contain the
following information:
(a) Type of restriction. If we ban you
from entering our offices, the ban will
apply to all of our offices, and you must
obtain all future service through
alternate means. We will provide you
in-person service only if you establish
that there are no alternate means
available. You must direct your request
for in-person service to the manager of
the office you are requesting to visit. If
we determine that an office visit is
warranted, we will schedule an
appointment for you and send you a
certified letter notifying you of the date,
time, and location of the appointment.
(b) Prohibited conduct. We will
provide you with specific details of the
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prohibited conduct that served as the
basis for our decision to ban you.
(c) Alternate means of service. If you
are banned from entering our offices,
you still have several means to receive
services:
(1) You may use the online services
available through our Web site at
https://www.socialsecurity.gov;
(2) You may call your local office.
Your notice will include the contact
information for your local office. You
should ask to speak with the office
manager or a supervisor;
(3) You may call our national toll-free
number at 1–800–772–1213 between the
hours of 7 a.m. and 7 p.m., Monday
through Friday. You should not attempt
to schedule an in-person appointment
through this number. If you are deaf or
hard of hearing, you may call our tollfree TTY number at 1–800–325–0778;
(4) You may write to your local office.
You should address all correspondence
to the attention of the office manager;
(5) With your written consent, another
person may call, write, or visit us to
conduct business on your behalf.
(d) Appeal rights. The notice will
provide you with information on how to
appeal the ban.
(e) Periodic request for review of ban
decision. The notice will provide you
with information on how to request
review of the ban determination every
three years from the date of the ban
notice, or if you appeal the ban, the date
of the appeal decision.
§ 422.905
Appeal rights.
You may appeal our decision to ban
you. You must submit your appeal in
writing to the address identified in the
notice within 60 days of the date of the
notice. You should identify your name,
address, Social Security number, and
the office that issued the notice of the
ban. The appeal should clearly state
why we should reconsider our decision
and provide any supporting
documentation. We may allow an
additional 10 days for the late filing of
an appeal if you show good cause for
the late filing. The ban will remain in
effect while the appeal is pending. We
will notify you of our decision in
writing.
§ 422.906 Periodic request for review of
ban decision.
You may request review of our ban
decision every three years. The threeyear cycle to request review will begin
on the date we issued notice of the ban,
or if you appealed, the date of our
appeal decision. You must submit your
request for review of a ban decision in
writing to the address identified in the
original notice of the ban. Your request
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54703
for review should identify your name,
address, Social Security number, and
office that issued the notice of the ban.
Your request should clearly state why
we should lift the ban and provide
relevant documentation that supports
removal of the restriction, including
medical documentation, applicable
psychiatric evaluations, work history,
and any criminal record. You must
prove by a preponderance of the
evidence (meaning that it is more likely
than not) that you no longer pose a
threat to the safety of our personnel or
visitors or the operational effectiveness
of the agency. We will notify you of our
decision in writing.
§ 422.907
Posting requirement.
We will post the regulation in this
subpart in a conspicuous place in our
offices that serve the public.
[FR Doc. 2011–22492 Filed 9–1–11; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0001]
RIN 1625–AA00
Safety Zone; Myrtle Beach Triathlon,
Atlantic Intracoastal Waterway, Myrtle
Beach, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Atlantic Intracoastal Waterway in
Myrtle Beach, South Carolina during the
Myrtle Beach Triathlon. The Myrtle
Beach Triathlon, which is comprised of
a series of triathlon races, is scheduled
to take place on Saturday, October 8,
2011 and Sunday, October 9, 2011. This
temporary safety zone is necessary for
the safety of race participants,
participant vessels, spectators, and the
general public during the swim portions
of the triathlon races. 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.
SUMMARY:
This rule is effective from 6 a.m.
on October 8, 2011 through 11:59 a.m.
on October 9, 2011.
ADDRESSES: Comments and material
received from the public, as well as
DATES:
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Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–0001 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0001 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
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 Ensign John R.
Santorum, Sector Charleston Office of
Waterways Management, Coast Guard;
telephone 843–740–3184, e-mail
John.R.Santorum@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
On June 28, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone; Myrtle Beach
Triathlon, Atlantic Intracoastal
Waterway, Myrtle Beach, SC in the
Federal Register (76 FR 124). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held.
Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and 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 race participants,
participant vessels, spectators and the
general public during the swim portion
of the triathlon races.
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Discussion of Comments and Changes
The Coast Guard did not receive any
comments to the proposed rule, and no
changes were made to the regulatory
text.
Discussion of Rule
On October 8 and 9, 2011, the Myrtle
Beach Triathlon will be held in Myrtle
Beach, South Carolina. This event will
be comprised of a series of triathlon
races. Approximately 2,500 individuals
are scheduled to compete in the event.
The rule establishes a temporary safety
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zone around the swim area of the Myrtle
Beach Triathlon on the Atlantic
Intracoastal Waterway in Myrtle Beach,
South Carolina. The temporary safety
zone will be enforced daily from 6 a.m.
until 11:59 a.m. on October 8, 2011
through October 9, 2011. Persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the safety zone unless
specifically authorized by the Captain of
the Port Charleston or a designated
representative. Persons and vessels may
request authorization to enter, transit
through, anchor in, or remain within the
safety zone by contacting the Captain of
the Port Charleston via telephone at
843–740–7050, or a designated
representative via VHF radio on channel
16.
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, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. 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 only be
enforced for a total of 12 hours; (2) the
safety zone will encompass only a small
portion of the navigable waterway; (3)
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 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.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule will have a significant
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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 Atlantic Intracoastal
Waterway encompassed within the
safety zone from 6 a.m. on October 8,
2011 through 11:59 a.m. on October 9,
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),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could 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
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Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations
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.
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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
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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
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 establishing a temporary safety
zone that will be enforced for a total of
12 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:
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54705
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.T07–0001 to
read as follows:
■
§ 165.T07–0001 Safety Zone; Myrtle Beach
Triathlon, Atlantic Intracoastal Waterway,
Myrtle Beach, SC.
(a) Regulated Area. The following
regulated area is a safety zone. All
waters of the Atlantic Intracoastal
Waterway encompassed within an
imaginary line connecting the following
points: starting at Point 1 in position
33°45′35″ N, 78°49′42″ W; thence
southeast to Point 2 in position
33°45′31″ N, 78°49′39″ W; thence
northeast to Point 3 in position
33°45′57″ N, 78°48′57″ W; thence
northeast to Point 4 in position
33°46′00″ N, 78°48′57″ W; thence
southwest 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 Charleston 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 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.
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(d) Effective Date and Enforcement
Periods. This rule is effective from 6
a.m. on October 8, 2011 through 11:59
a.m. on October 9, 2011. This rule will
be enforced daily from 6 a.m. until
11:59 a.m. on October 8, 2011 through
October 9, 2011.
Dated: August 22, 2011.
M.F. White,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2011–22491 Filed 9–1–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
I. Background
[EPA–R03–OAR–2010–0856; FRL–9459–1]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Permits for Major Stationary Sources
and Major Modifications Locating in
Prevention of Significant Deterioration
Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Virginia. The revision establishes the
addition of nitrogen oxides (NOX) as a
precursor to ozone in Virginia for
permits of major stationary sources or
major modifications locating in
Prevention of Significant Deterioration
(PSD) areas. EPA is approving the
addition of NOX as a precursor to ozone
based on the Virginia regulations dated
December 31, 2008. A previous PSD
program approval of Virginia’s Chapter
80, Article 8 regulations was provided
to the Commonwealth as a ‘‘limited
approval’’ for reasons that will not deny
this action as being fully approved. This
revision to add NOX as a precursor to
ozone is in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on
October 3, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0856. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
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SUMMARY:
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13:31 Sep 01, 2011
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Sharon McCauley, (215) 814–3376, or by
e-mail at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
Jkt 223001
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On May 23, 2011 (76 FR 29686),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Virginia. The NPR
proposed approval of including NOX as
a precursor to ozone for permitting and
the construction of new major stationary
sources and the significant modification
of existing major stationary sources of
air pollutants in areas designated
attainment or non-classifiable for the
National Ambient Air Quality Standards
(NAAQS) in Virginia. The formal SIP
revision was submitted by Virginia on
June 7, 2010.
This approval establishes NOX as a
precursor to ozone, in addition to
volatile organic compounds (VOC), in
the definitions of ‘‘major modification’’,
‘‘major stationary source’’, ‘‘regulated
New Source Review (NSR) pollutant’’
and ‘‘significant’’ and to the list of
exempted facilities. Virginia’s
regulations adding NOX as a precursor
to ozone establishes a construction
permit program consistent with the
Federal CAA’s Title I program and
implementing regulations at 40 CFR
51.166, ‘‘Prevention of Significant
Deterioration of Air Quality.’’ VADEQ’s
regulation 9VAC5 Chapter 80, Article 8
is part of the SIP and sets forth the
criteria and procedures for major
stationary sources to obtain a permit to
construct, operate and/or modify a
major stationary source.
Previously, EPA had issued a ‘‘limited
approval’’ of Virginia’s PSD regulations
(9VAC5 Chapter 80, Article 8) for
reasons that will not deny this action as
being fully approved. The ‘‘limited
approval’’ issues can be found in the
Technical Support Document contained
in this Docket or in the Federal Register
action dated October 22, 2008 (73 FR
62897).
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II. Summary of SIP Revision
Our review of Virginia’s SIP revision
request indicates that our approval of
this SIP revision is warranted. These
changes to the Virginia program are
found in the Virginia Code at 9VAC5
Chapter 80, Article 8, Permits for Major
Stationary Sources and Major
Modifications Locating in Prevention of
Significant Deterioration Areas. EPA is
approving NOX as a precursor to ozone
in addition to VOCs in the definitions
of ‘‘major modification’’, ‘‘major
stationary source’’, ‘‘regulated New
Source Review (NSR) pollutant’’ and
‘‘significant’’ and to the list of exempted
facilities as a revision to the Virginia
SIP.
This SIP approval for 9VAC5–80–
1615 and 9VAC5–80–1695 addresses
regulatory changes needed to be
equivalent to the CAA’s part C PSD
permit program. It also corrects
deficiencies identified by EPA in the
March 27, 2008 Federal Register action
entitled, ‘‘Completeness Findings for
Section 110(a) State implementation
Plans for the 8-hour Ozone National
Ambient Air Quality Standards (1997
Ozone NAAQS)’’ (73 FR 16205). EPA’s
approval of this SIP submission
addresses Virginia’s compliance with
the portion of CAA Section 110(a)(2)(C)
& (J) relating to the CAA’s part C PSD
permit program for the 1997 Ozone
NAAQS, because this approval will
allow regulating NOX as a precursor to
ozone in Virginia’s SIP in accordance
with the Federal Register action dated
November 29, 2005 (70 FR 71612) that
finalized NOX as a precursor for ozone
regulations set forth at 40 CFR 51.166
and in 40 CFR 52.21.
We are fully approving these
regulatory citation changes which
became effective in Virginia on
December 31, 2008, as referenced here
in this document and in the Virginia
Code of Regulations 9VAC5 Chapter 80,
Article 8, sections 5–80–1615 and 5–80–
1695 which establish NOX as a
precursor to ozone, into the Virginia
SIP.
III. General Information Pertaining to
SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation
that provides, subject to certain
conditions, for an environmental
assessment (audit) ‘‘privilege’’ for
voluntary compliance evaluations
performed by a regulated entity. The
legislation further addresses the relative
burden of proof for parties either
asserting the privilege or seeking
disclosure of documents for which the
privilege is claimed. Virginia’s
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]]>Agencies
[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Rules and Regulations]
[Pages 54703-54706]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22491]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0001]
RIN 1625-AA00
Safety Zone; Myrtle Beach Triathlon, Atlantic 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 on the
Atlantic Intracoastal Waterway in Myrtle Beach, South Carolina during
the Myrtle Beach Triathlon. The Myrtle Beach Triathlon, which is
comprised of a series of triathlon races, is scheduled to take place on
Saturday, October 8, 2011 and Sunday, October 9, 2011. This temporary
safety zone is necessary for the safety of race participants,
participant vessels, spectators, and the general public during the swim
portions of the triathlon races. 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 from 6 a.m. on October 8, 2011 through
11:59 a.m. on October 9, 2011.
ADDRESSES: Comments and material received from the public, as well as
[[Page 54704]]
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0001 and are available online by going to
https://www.regulations.gov, inserting USCG-2011-0001 in the ``Keyword''
box, and then clicking ``Search.'' This material is 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 Ensign John R. Santorum, Sector
Charleston Office of Waterways Management, Coast Guard; telephone 843-
740-3184, e-mail John.R.Santorum@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
On June 28, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Myrtle Beach Triathlon, Atlantic
Intracoastal Waterway, Myrtle Beach, SC in the Federal Register (76 FR
124). We received no comments on the proposed rule. No public meeting
was requested, and none was held.
Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and 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 race
participants, participant vessels, spectators and the general public
during the swim portion of the triathlon races.
Discussion of Comments and Changes
The Coast Guard did not receive any comments to the proposed rule,
and no changes were made to the regulatory text.
Discussion of Rule
On October 8 and 9, 2011, the Myrtle Beach Triathlon will be held
in Myrtle Beach, South Carolina. This event will be comprised of a
series of triathlon races. Approximately 2,500 individuals are
scheduled to compete in the event. The rule establishes a temporary
safety zone around the swim area of the Myrtle Beach Triathlon on the
Atlantic Intracoastal Waterway in Myrtle Beach, South Carolina. The
temporary safety zone will be enforced daily from 6 a.m. until 11:59
a.m. on October 8, 2011 through October 9, 2011. Persons and vessels
are prohibited from entering, transiting through, anchoring in, or
remaining within the safety zone unless specifically authorized by the
Captain of the Port Charleston or a designated representative. Persons
and vessels may request authorization to enter, transit through, anchor
in, or remain within the safety zone by contacting the Captain of the
Port Charleston via telephone at 843-740-7050, or a designated
representative via VHF radio on channel 16.
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, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. 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 only be enforced for a
total of 12 hours; (2) the safety zone will encompass only a small
portion of the navigable waterway; (3) 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
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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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
Atlantic Intracoastal Waterway encompassed within the safety zone from
6 a.m. on October 8, 2011 through 11:59 a.m. on October 9, 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), in the NPRM we offered to
assist small entities in understanding the rule so that they could
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
[[Page 54705]]
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 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 establishing a temporary safety
zone that will be enforced for a total of 12 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.T07-0001 to read as follows:
Sec. 165.T07-0001 Safety Zone; Myrtle Beach Triathlon, Atlantic
Intracoastal Waterway, Myrtle Beach, SC.
(a) Regulated Area. The following regulated area is a safety zone.
All waters of the Atlantic Intracoastal Waterway encompassed within an
imaginary line connecting the following points: starting at Point 1 in
position 33[deg]45'35'' N, 78[deg]49'42'' W; thence southeast to Point
2 in position 33[deg]45'31'' N, 78[deg]49'39'' W; thence northeast to
Point 3 in position 33[deg]45'57'' N, 78[deg]48'57'' W; thence
northeast to Point 4 in position 33[deg]46'00'' N, 78[deg]48'57'' W;
thence southwest 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 Charleston 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 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.
[[Page 54706]]
(d) Effective Date and Enforcement Periods. This rule is effective
from 6 a.m. on October 8, 2011 through 11:59 a.m. on October 9, 2011.
This rule will be enforced daily from 6 a.m. until 11:59 a.m. on
October 8, 2011 through October 9, 2011.
Dated: August 22, 2011.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2011-22491 Filed 9-1-11; 8:45 am]
BILLING CODE 9110-04-P
