Safety Zones; Swim Around Charleston, Charleston, SC, 14700-14703 [2012-5970]
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Proposed Rules
Federal Register
Vol. 77, No. 49
Tuesday, March 13, 2012
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
BUREAU OF CONSUMER FINANCIAL
PROTECTION
12 CFR Chapter X
[Docket No. CFPB–2011–0039]
Streamlining Inherited Regulations
Bureau of Consumer Financial
Protection.
ACTION: Notice of streamlining project;
request for information; extension of
comment response period.
AGENCY:
On December 5, 2011, the
Bureau of Consumer Financial
Protection (the Bureau) published in the
Federal Register a notice and request for
information requesting specific
suggestions from the public for
streamlining regulations it recently
inherited from other Federal agencies
(the Streamlining Notice) The
Streamlining Notice provided for a twostage comment process. Initial
comments were due March 5, 2012. The
Notice then allowed a 30-day period,
closing on April 3, 2012, for submitting
responses to the comments filed. Due to
the likely number and complexity of the
comments submitted in the first round
and to allow parties more time to
consider and craft their responses to
those initial submissions, the Bureau
has determined that an extension of the
comment reply period until June 4,
2012, is appropriate. This action will
allow interested persons more time to
analyze the submitted comments and
prepare their responses. However, the
initial comment period is still closed as
of March 5, 2012.
DATES: The comment reply period for
the Streamlining Notice published
December 5, 2011, at 76 FR 75825, is
extended. Although initial comments on
streamlining the inherited regulations
must have been received on or before
the original date of March 5, 2012,
responses to those comments now must
be received on or before June 4, 2012.
ADDRESSES: You may submit comments
or responses by any of the methods
identified in the Streamlining Notice.
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SUMMARY:
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Please submit your comments or
responses using only one method.
Jane
Gell, Senior Counsel and Special
Advisor; Joseph Devlin, Regulations
Counsel, Research, Markets &
Regulations Division, Bureau of
Consumer Financial Protection, (202)
435–7700.
SUPPLEMENTARY INFORMATION: On
December 5, 2011, the Bureau published
the Streamlining Notice in the Federal
Register.1 The Streamlining Notice
requested specific suggestions from the
public for streamlining regulations the
Bureau recently inherited from other
Federal agencies. It asked commenters
to identify provisions of the inherited
regulations that the Bureau should make
the highest priority for updating,
modifying, or eliminating because they
are outdated, unduly burdensome, or
unnecessary. The Streamlining Notice
also discussed several specific
requirements that might warrant review,
and sought suggestions for practical
measures to make complying with the
regulations easier. The Streamlining
Notice provided for a two-stage
comment process—an initial comment
period followed by a period in which
responses to the initial comments could
be submitted. The initial comment
period for the Notice was to close on
March 5, 2012. The period for
submitting responses to the comments
was to close on April 3, 2012.
The Bureau received a joint request
from several industry and consumer
advocacy groups for an extension of the
second stage of the Streamlining Notice
comment process, the reply period.2
The joint request letter stated that a
large number of first-round comments
were anticipated and 30 days was not an
adequate time period for responding to
them. The letter pointed out that
‘‘reviewing, assimilating, and
thoughtfully responding to these
comments will take time.’’ The letter
went on to suggest that ‘‘providing
adequate time during the reply period
[might] encourage the identification and
development of areas of consensus
FOR FURTHER INFORMATION CONTACT:
1 76
FR 75825.
to David Silberman (Feb. 10, 2012),
signed by representatives of the ABA Center for
Regulatory Compliance, Consumer Bankers Assn.,
American Financial Services Assn., Consumer
Mortgage Coalition, Center for Responsible Lending,
Financial Services Roundtable, Clearing House
Assn., Mortgage Bankers Assn., and National
Consumer Law Center.
2 Letter
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among consumer and industry groups
that ultimately would facilitate and
accelerate the Bureau’s ability to
execute on common concerns, and
perhaps common solutions.’’
For the reasons described in the joint
request for an extension, the Bureau is
extending the period allotted for reply
to initial comments received pursuant to
the Streamlining Notice. The reply
period will now close on June 4, 2012.
The initial comment period is
unchanged, with a close of March 5,
2012.
Dated: March 6, 2012.
Richard Cordray,
Director, Bureau of Consumer Financial
Protection.
[FR Doc. 2012–5933 Filed 3–12–12; 8:45 am]
BILLING CODE 3180–AM–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0137]
RIN 1625–AA00
Safety Zones; Swim Around
Charleston, Charleston, SC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish temporary moving safety zones
during the Swim Around Charleston, a
swimming race occurring on the Wando
River, the Cooper River, Charleston
Harbor, and the Ashley River, in
Charleston, South Carolina. The Swim
Around Charleston is scheduled to take
place on Sunday, September 23, 2012.
The temporary safety zones are
necessary for the safety of the
swimmers, participant vessels,
spectators, and the general public
during the event. Persons and vessels
would be prohibited from entering,
transiting through, anchoring in, or
remaining within the safety zones
unless authorized by the Captain of the
Port Charleston or a designated
representative.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before July 11, 2012. Requests for
DATES:
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Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Proposed Rules
public meetings must be received by the
Coast Guard on or before June 5, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0137 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: (202) 493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is (202) 366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this proposed
rule, call or email Ensign John
Santorum, Sector Charleston Office of
Waterways Management, Coast Guard;
telephone (843) 740–3184, email
John.R.Santorum@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
emcdonald on DSK29S0YB1PROD with PROPOSALS
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2012–0137),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
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comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a telephone number in the body of
your document so that we can contact
you if we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2012–0137’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 812 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2012–
0137’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
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Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before June 5, 2012 using
one of the four methods specified under
ADDRESSES. Please explain why you
believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Basis and Purpose
The legal basis for the proposed 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 proposed rule is
to ensure the safety of the swimmers,
participant vessels, spectators, and the
general public during the Swim Around
Charleston.
Discussion of Proposed Rule
On Sunday, September 23, 2012, the
Swim Around Charleston is scheduled
to take place on the Wando River, the
Cooper River, Charleston Harbor, and
the Ashley River, in Charleston, South
Carolina. The Swim Around Charleston
will consist of a 10 mile swim that starts
at Remley’s Point on the Wando River,
crosses the main shipping channel of
Charleston Harbor, and finishes at the
General William B. Westmoreland
Bridge on the Ashley River.
The proposed rule would establish
temporary moving safety zones of a 75
yard radius around Swim Around
Charleston participant vessels that are
officially associated with the swim on
the Wando River, the Cooper River,
Charleston Harbor, and the Ashley
River, in Charleston, South Carolina.
The temporary safety zones would be
enforced from 7 a.m. until 2 p.m. on
September 23, 2012. Persons and vessels
would be prohibited from entering,
transiting through, anchoring in, or
remaining within the safety zones
unless authorized by the Captain of the
Port Charleston or a designated
representative. Persons and vessels
would be able to request authorization
to enter, transit through, anchor in, or
remain within the safety zones by
contacting the Captain of the Port
Charleston by telephone at (843) 740–
7050, or a designated representative via
VHF radio on channel 16.
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Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Proposed Rules
Regulatory Analyses
We developed this proposed 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.
emcdonald on DSK29S0YB1PROD with PROPOSALS
Regulatory Planning and Review
Executive Orders 13563, Improving
Regulation and Regulatory Review, and
12866, Regulatory Planning and Review,
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This
proposed rule has not been designated
a significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, the Office of Management
and Budget has not reviewed this
proposed rule under Executive Order
12866.
The economic impact of this proposed
rule is not significant for the following
reasons: (1) The safety zones would only
be enforced for a total of seven hours;
(2) the safety zones would move with
the participant vessels so that once the
swimmers clear a portion of the
waterway, the safety zones would no
longer be enforced in that portion of the
waterway; (3) although persons and
vessels would not be able to enter,
transit through, anchor in, or remain
within the safety zones without
authorization from the Captain of the
Port Charleston or a designated
representative, they would be able to
operate in the surrounding area during
the enforcement period; (4) persons and
vessels would still be able to enter,
transit through, anchor in, or remain
within the safety zones if authorized by
the Captain of the Port Charleston or a
designated representative; and (5) the
Coast Guard would provide advance
notification of the safety zones 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 proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
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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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed 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 Wando River,
the Cooper River, Charleston Harbor,
and the Ashley River in Charleston,
South Carolina encompassed within the
safety zones from 7 a.m. until 2 p.m. on
September 23, 2012. For the reasons
discussed in the Regulatory Planning
and Review section above, this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this proposed rule would economically
affect it.
Assistance for Small Entities
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 proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the proposed rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
Ensign John Santorum, Sector
Charleston Office of Waterways
Management, Coast Guard; telephone
(843) 740–3184, email
John.R.Santorum@uscg.mil. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
Collection of Information
This proposed rule would call 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,
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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 proposed 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 proposed rule would not
result in such an expenditure, we do
discuss the effects of this proposed rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed rule is not an
economically significant rule and would
not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have
Tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
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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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
emcdonald on DSK29S0YB1PROD with PROPOSALS
Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves establishing temporary moving
safety zones as described in figure 2–1,
paragraph (34)(g), of the Instruction. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
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requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 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.T07–0137 to
read as follows:
§ 165.T07–0137 Safety Zones; Swim
Around Charleston, Charleston, SC.
(a) Regulated Areas. The following
regulated areas are moving safety zones:
All waters within a 75 yard radius of
Swim Around Charleston participant
vessels. The Swim Around Charleston
swimming race consists of a 10 mile
course that starts at Remley’s Point on
the Wando River in approximate
position 32°48′49″ N, 79°54′27″ W,
crosses the main shipping channel of
Charleston Harbor, and finishes at the
General William B. Westmoreland
Bridge on the Ashley River in
approximate position 32°50′14″ N,
80°01′23″ W. 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 areas
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 areas 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 areas 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.
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14703
(3) The Coast Guard will provide
notice of the regulated areas 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 2 p.m. on
September 23, 2012.
Dated: February 2, 2012.
M.F. White,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2012–5970 Filed 3–12–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0097]
RIN 1625–AA00
Safety Zone, Temporary Change for
Recurring Fireworks Display Within the
Fifth Coast Guard District, Pamlico
River and Tar River; Washington, NC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
a temporary change to the enforcement
period and location of safety zone
regulations for a recurring fireworks
display within the Fifth Coast Guard
District. This regulation applies to two
recurring fireworks display events that
take place at Washington, NC. Safety
zone regulations are necessary to
provide for the safety of life on
navigable waters during the event. This
action is intended to restrict vessel
traffic in a portion of the Pamlico River
and Tar River near Washington, NC,
during the event.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 12, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0097 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
SUMMARY:
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Agencies
[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Proposed Rules]
[Pages 14700-14703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5970]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0137]
RIN 1625-AA00
Safety Zones; Swim Around Charleston, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish temporary moving safety
zones during the Swim Around Charleston, a swimming race occurring on
the Wando River, the Cooper River, Charleston Harbor, and the Ashley
River, in Charleston, South Carolina. The Swim Around Charleston is
scheduled to take place on Sunday, September 23, 2012. The temporary
safety zones are necessary for the safety of the swimmers, participant
vessels, spectators, and the general public during the event. Persons
and vessels would be prohibited from entering, transiting through,
anchoring in, or remaining within the safety zones unless authorized by
the Captain of the Port Charleston or a designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before July 11, 2012. Requests for
[[Page 14701]]
public meetings must be received by the Coast Guard on or before June
5, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0137 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Ensign John Santorum, Sector Charleston Office of
Waterways Management, Coast Guard; telephone (843) 740-3184, email
John.R.Santorum@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0137), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2012-0137'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\12\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2012-0137'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before June 5, 2012 using one of the four methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Basis and Purpose
The legal basis for the proposed 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 proposed rule is to ensure the safety of the
swimmers, participant vessels, spectators, and the general public
during the Swim Around Charleston.
Discussion of Proposed Rule
On Sunday, September 23, 2012, the Swim Around Charleston is
scheduled to take place on the Wando River, the Cooper River,
Charleston Harbor, and the Ashley River, in Charleston, South Carolina.
The Swim Around Charleston will consist of a 10 mile swim that starts
at Remley's Point on the Wando River, crosses the main shipping channel
of Charleston Harbor, and finishes at the General William B.
Westmoreland Bridge on the Ashley River.
The proposed rule would establish temporary moving safety zones of
a 75 yard radius around Swim Around Charleston participant vessels that
are officially associated with the swim on the Wando River, the Cooper
River, Charleston Harbor, and the Ashley River, in Charleston, South
Carolina. The temporary safety zones would be enforced from 7 a.m.
until 2 p.m. on September 23, 2012. Persons and vessels would be
prohibited from entering, transiting through, anchoring in, or
remaining within the safety zones unless authorized by the Captain of
the Port Charleston or a designated representative. Persons and vessels
would be able to request authorization to enter, transit through,
anchor in, or remain within the safety zones by contacting the Captain
of the Port Charleston by telephone at (843) 740-7050, or a designated
representative via VHF radio on channel 16.
[[Page 14702]]
Regulatory Analyses
We developed this proposed 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.
Regulatory Planning and Review
Executive Orders 13563, Improving Regulation and Regulatory Review,
and 12866, Regulatory Planning and Review, direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This proposed rule has not been designated a significant
regulatory action under section 3(f) of Executive Order 12866.
Accordingly, the Office of Management and Budget has not reviewed this
proposed rule under Executive Order 12866.
The economic impact of this proposed rule is not significant for
the following reasons: (1) The safety zones would only be enforced for
a total of seven hours; (2) the safety zones would move with the
participant vessels so that once the swimmers clear a portion of the
waterway, the safety zones would no longer be enforced in that portion
of the waterway; (3) although persons and vessels would not be able to
enter, transit through, anchor in, or remain within the safety zones
without authorization from the Captain of the Port Charleston or a
designated representative, they would be able to operate in the
surrounding area during the enforcement period; (4) persons and vessels
would still be able to enter, transit through, anchor in, or remain
within the safety zones if authorized by the Captain of the Port
Charleston or a designated representative; and (5) the Coast Guard
would provide advance notification of the safety zones 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 proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed 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 Wando River, the Cooper River, Charleston
Harbor, and the Ashley River in Charleston, South Carolina encompassed
within the safety zones from 7 a.m. until 2 p.m. on September 23, 2012.
For the reasons discussed in the Regulatory Planning and Review section
above, this proposed rule would not have a significant economic impact
on a substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.
Assistance for Small Entities
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Ensign John
Santorum, Sector Charleston Office of Waterways Management, Coast
Guard; telephone (843) 740-3184, email John.R.Santorum@uscg.mil. The
Coast Guard will not retaliate against small entities that question or
complain about this proposed rule or any policy or action of the Coast
Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule under Executive Order 13211,
Actions Concerning Regulations That
[[Page 14703]]
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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing temporary moving safety zones as described
in figure 2-1, paragraph (34)(g), of the Instruction. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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 proposes
to amend 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 Sec. 165.T07-0137 to read as follows:
Sec. 165.T07-0137 Safety Zones; Swim Around Charleston, Charleston,
SC.
(a) Regulated Areas. The following regulated areas are moving
safety zones: All waters within a 75 yard radius of Swim Around
Charleston participant vessels. The Swim Around Charleston swimming
race consists of a 10 mile course that starts at Remley's Point on the
Wando River in approximate position 32[deg]48'49'' N, 79[deg]54'27'' W,
crosses the main shipping channel of Charleston Harbor, and finishes at
the General William B. Westmoreland Bridge on the Ashley River in
approximate position 32[deg]50'14'' N, 80[deg]01'23'' W. 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 areas 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 areas 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 areas 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 areas 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 2 p.m.
on September 23, 2012.
Dated: February 2, 2012.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-5970 Filed 3-12-12; 8:45 am]
BILLING CODE 9110-04-P