Special Local Regulations; Lowcountry Splash Open Water Swim, Wando River and Cooper River, Mount Pleasant, SC, 23120-23123 [2012-9373]
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23120
Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations
craft. No spectator shall anchor, block,
loiter, or impede the through transit of
participants or official patrol vessels in
the regulated area during the effective
dates and times, unless cleared for entry
by or through an official patrol vessel.
The Patrol Commander may forbid and
control the movement of all vessels in
the regulated area. When hailed or
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both. Any spectator vessel
may anchor outside the regulated area,
but may not anchor in, block, or loiter
in a navigable channel. The Patrol
Commander may terminate the event or
the operation of any vessel at any time
it is deemed necessary for the protection
of life or property. The Patrol
Commander will terminate enforcement
of the special regulations at the
conclusion of the event.
This notice is issued under authority
of 33 CFR 100.35, 33 U.S.C. 1233, and
5 U.S.C. 552(a). In addition to this
notice in the Federal Register, the Coast
Guard will provide the maritime
community with advance notification of
this enforcement period via Local
Notice to Mariners and Marine
Information Broadcasts.
If the Captain of the Port Mobile or
Patrol Commander determines that the
regulated area need not be enforced for
the full duration stated in this notice of
enforcement, he or she may use a
Broadcast Notice to Mariners to grant
general permission to enter the
regulated area.
Dated: March 27, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the
Port Mobile.
[FR Doc. 2012–9377 Filed 4–17–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2011–0258]
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National Maritime Week Tugboat
Races, Seattle, WA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the Special Local Regulation for the
annual National Maritime Week
Tugboat Races in Elliott Bay, WA from
SUMMARY:
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12 p.m. through 4:30 p.m. on May 12,
2012. This action is necessary to ensure
the safety of all participants and
spectators from the inherent dangers
associated with these types of races
which includes large wakes. During the
enforcement period, no person or vessel
may enter or remain in the regulated
area except for participants in the event,
supporting personnel, vessels registered
with the event organizer, and personnel
or vessels authorized by the Coast Guard
Patrol Commander.
DATES: The regulations in 33 CFR
100.1306 will be enforced from 12 p.m.
through 4:30 p.m. on May 12, 2012.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Ensign Nathaniel P. Clinger,
Sector Puget Sound Waterways
Management Division, Coast Guard;
telephone 206–217–6045, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Special Local
Regulation for the annual National
Maritime Week Tugboat Races, Seattle,
WA in 33 CFR 100.1306 on May 12,
2012 from 12 p.m. through 4:30 p.m.
This regulation can be found in the
April 27, 1996 issue of the Federal
Register (61 FR 16710).
A regulated area is established on that
portion of Elliott Bay along the Seattle
waterfront in Puget Sound bounded by
a line beginning at: 47°37′36″ N,
122°22′42″ W; thence to 47°37′24.5″ N,
122°22′58.5″ W; thence to 47°36′08″ N,
122°20′53″ W; thence to 47°36′21″ N,
122°20′31″ W; thence returning to the
origin. This regulated area resembles a
rectangle measuring approximately
3,900 yards along the shoreline between
Pier 57 and Pier 89, and extending
approximately 650 yards into Elliott
Bay. Temporary floating markers will be
placed by the race sponsors to delineate
the regulated area. [Datum: NAD 1983]
No person or vessel may enter or
remain in the regulated area except for
participants in the event, supporting
personnel, vessels registered with the
event organizer, and personnel or
vessels authorized by the Coast Guard
Patrol Commander.
The Coast Guard will establish a
patrol consisting of active and auxiliary
Coast Guard vessels and personnel in
the regulated area described above. The
patrol shall be under the direction of a
Coast Guard officer or petty officer
designated by the Captain of the Port as
the Coast Guard Patrol Commander. The
Patrol Commander may forbid and
control the movement of vessels in this
regulated area.
A succession of sharp, short blasts
from whistle or horn from vessels
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patrolling the area under the direction
of the Patrol Commander shall serve as
a signal to stop. Vessels signaled shall
stop and comply with the orders of the
patrol vessel. Failure to do so may result
in expulsion from the area, citation for
failure to comply, or both.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
This notice is issued under authority
of 33 CFR 100.1306 and 5 U.S.C. 552(a).
If the Captain of the Port determines
that the regulated area need not be
enforced for the full duration stated in
this notice, he may use a Broadcast
Notice to Mariners to grant general
permission to enter the regulated area.
Dated: April 6, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2012–9380 Filed 4–17–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0252]
RIN 1625–AA08
Special Local Regulations; Lowcountry
Splash Open Water Swim, Wando
River and Cooper River, Mount
Pleasant, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing special local regulations on
the waters of the Wando River and
Cooper River in Mount Pleasant, South
Carolina during the Lowcountry Splash,
a 2.4 mile open water swim. The event
is scheduled to take place on Saturday,
May 19, 2012. Approximately 600
people are expected to participate in the
swim. These special local regulations
are necessary to provide for the safety of
life on navigable waters of the United
States during the event. The special
local regulations establish a series of
moving buffer zones, where all persons
and vessels, except those persons and
vessels participating in the open water
swim, are prohibited from entering,
transiting through, anchoring in, or
remaining unless authorized by the
Captain of the Port Charleston or a
designated representative.
DATES: This rule is effective from 7:30
a.m. until 10 a.m. on May 19, 2012.
SUMMARY:
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Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2012–
0252 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0252 in the ‘‘Search’’ 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.
ADDRESSES:
If
you have questions on this temporary
final rule, call or email Ensign John
Santorum, Sector Charleston Waterways
Management Division, Coast Guard;
telephone (843) 740–3184, email 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.
FOR FURTHER INFORMATION CONTACT:
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 about the event until March
22, 2012. 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 potential danger to swimmers,
participant vessels, spectators, and the
general public.
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Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
special local regulations: 33 U.S.C.
1233. The purpose of the rule is to
insure safety of life on navigable waters
of the United States during the
Lowcountry Splash open water swim.
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Discussion of Rule
Regulatory Planning and Review
On Saturday, May 19, 2012, the Logan
Rutledge Children’s Foundation will
host the Lowcountry Splash, a 2.4 mile
open water swim in the Wando River
and Cooper River along the shoreline of
Mount Pleasant, South Carolina. The
Lowcountry Splash starts at Hobcaw
Yacht Club on the Wando River, and
finishes at the Charleston Harbor Marina
and Resorts at Patriots Point on the
Cooper River. Approximately 600
swimmers will be participating in the
swim. Buoys will mark the course, and
the course will be patrolled by event
staff and volunteers on safety vessels: 20
motorboats, 20 kayaks, and several jet
skis.
The special local regulations establish
a series of buffer zones around the
Lowcountry Splash swimmers and
safety vessels on certain waters of the
Wando River and Cooper River in
Mount Pleasant, South Carolina. These
buffer zones are as follows: (1) All
waters within 75 yards of the lead safety
vessel; (2) all waters within 100 yards of
the last safety vessel; and (3) all waters
within 100 yards of the swimmers and
each participating safety vessel. The
special local regulations will be
enforced from 7:30 a.m. until 10 a.m. on
May 19, 2012.
Persons and vessels not participating
in the open water swim are prohibited
from entering, transiting through,
anchoring in, or remaining within the
buffer zones unless authorized by the
Captain of the Port Charleston or a
designated representative. Persons and
vessels desiring to enter, transit through,
anchor in, or remain within the buffer
zones 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 buffer
zones 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. The Coast
Guard will provide notice of the buffer
zones by Local Notice to Mariners,
Broadcast Notice to Mariners, and onscene designated representatives.
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 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 rule under
Executive Order 12866.
The economic impact of this rule is
not significant for the following reasons:
(1) The buffer zones will be enforced for
only two and a half hours; (2) although
persons and vessels will not be able to
enter, transit through, anchor in, or
remain within the buffer zones without
authorization from the Captain of the
Port Charleston 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 buffer
zones if authorized by the Captain of the
Port Charleston or a designated
representative; and (4) the Coast Guard
will provide advance notification of the
buffer zones to the local maritime
community by Local Notice to Mariners
and Broadcast Notice to Mariners.
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.
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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 the
waters of the Wando River and Cooper
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Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations
River in Mount Pleasant, South Carolina
encompassed within the regulated areas
from 7:30 a.m. until 10 a.m. on May 19,
2012. For the reasons discussed in the
Regulatory Planning and Review 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).
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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.
Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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
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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.
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.
Taking of Private Property
Environment
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.
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)(h), of the Instruction. This rule
involves special local regulations issued
in conjunction with a regatta or marine
parade. Under figure 2–1, paragraph
(34)(h), of the Instruction, an
environmental analysis checklist and a
categorical exclusion determination are
not required for this rule.
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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Energy Effects
Authority: 33 U.S.C. 1233.
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
2. Add a temporary § 100.35T07–0252
to read as follows:
■
Technical Standards
§ 100.35T07–0252 Special Local
Regulations; Lowcountry Splash Open
Water Swim, Wando River and Cooper
River, Mount Pleasant, SC.
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
(a) Regulated Areas. The following
buffer zones are regulated areas: All
waters within 75 yards of the lead safety
vessel; all waters within 100 yards of
the last safety vessel; and all waters
within 100 yards of the swimmers and
each participating vessel. The
Lowcountry Splash, a 2.4 mile open
water swim, starts at Hobcaw Yacht
Club on the Wando River, in
approximate position 32°49′19″ N,
79°53′48″ W, and finishes at the
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Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations
Charleston Harbor Marina and Resorts at
Patriots Point on the Cooper River, in
approximate position 32°47′11″ N,
79°54′38″ 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) Except for those persons and
vessels participating in the open water
swim, 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 7:30 a.m. until 10 a.m. on
May 19, 2012.
Dated: April 9, 2012.
M.F. White, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2012–9373 Filed 4–17–12; 8:45 am]
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BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0168]
RIN 1625–AA08
Special Local Regulation; Smokin The
Lake; Gulfport Lake; Gulfport, MS
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for a portion of Gulfport Lake
in Gulfport, MS. This action is
necessary for the safeguard of
participants and spectators, including
all crews, vessels, and persons on
navigable waters during the Smokin The
Lake high speed boat races on May 5
and 6, 2012. Entry into, transiting or
anchoring in this area is prohibited to
all vessels not registered with the
sponsor as participants or not part of the
regatta patrol, unless specifically
authorized by the Captain of the Port
(COTP) Mobile or a designated
representative.
SUMMARY:
This rule is effective and
enforceable with actual notice from
10 a.m. until 6 p.m. on May 5, 2012 and
May 6, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2012–
0168 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0168 in the ‘‘Search’’ 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 and U.S. Coast
Guard Sector Mobile (spw), Building
102, Brookley Complex, South Broad
Street, Mobile, AL 36615, between
8 a.m. and 3:30 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email LT Lenell J. Carson,
Coast Guard Sector Mobile, Waterways
Division; telephone 251–441–5940 or
email Lenell.J.Carson@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
DATES:
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23123
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.’’ This rule
provides proper notice; however, 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) which would
provide a comment period with respect
to this rule. The Coast Guard received
an application for a Marine Event
Permit on February 27, 2012 confirming
that this year’s occurrence of this annual
event would take place on May 5, 2012
and May 6, 2012. After reviewing the
details of the event and the permit
application, the Coast Guard determined
that a special local regulation is needed
and delaying or foregoing this safety
measure would be contrary to the public
interest. Additionally, this special local
regulation is part of a separate
rulemaking updating the current list of
annually recurring events under docket
number USCG–2011–0286. That
rulemaking published March 1, 2012 in
the Federal Register (77 FR 12456)
provided a comment period before
becoming a permanent final rule. No
comments were received in that docket
related to this event.
The special local regulation is needed
to safeguard persons and vessels from
safety hazards associated with the
Smokin The Lake high speed boat races.
Basis and Purpose
On February 27, 2012, Smokin The
Lake applied for a Marine Event Permit
to conduct high speed boat races on
Gulfport Lake, Gulfport, MS on May 5,
2012 and May 6, 2012. This event will
draw in a large number of pleasure craft
and the high speed boats pose a
significant safety hazard to both vessels
and mariners operating in or near the
area. The COTP Mobile is establishing a
temporary special local regulation for a
portion of Gulfport Lake, Gulfport, MS
to safeguard persons and vessels during
the high speed boat races.
The COTP anticipates minimal impact
on vessel traffic due to this regulation.
However, this special local regulation is
deemed necessary for the safeguard of
life and property within the COTP
Mobile zone.
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]]>Agencies
[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Rules and Regulations]
[Pages 23120-23123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9373]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0252]
RIN 1625-AA08
Special Local Regulations; Lowcountry Splash Open Water Swim,
Wando River and Cooper River, Mount Pleasant, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing special local regulations on
the waters of the Wando River and Cooper River in Mount Pleasant, South
Carolina during the Lowcountry Splash, a 2.4 mile open water swim. The
event is scheduled to take place on Saturday, May 19, 2012.
Approximately 600 people are expected to participate in the swim. These
special local regulations are necessary to provide for the safety of
life on navigable waters of the United States during the event. The
special local regulations establish a series of moving buffer zones,
where all persons and vessels, except those persons and vessels
participating in the open water swim, are prohibited from entering,
transiting through, anchoring in, or remaining unless authorized by the
Captain of the Port Charleston or a designated representative.
DATES: This rule is effective from 7:30 a.m. until 10 a.m. on May 19,
2012.
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ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0252 and are available online
by going to https://www.regulations.gov, inserting USCG-2012-0252 in the
``Search'' 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 email Ensign John Santorum, Sector
Charleston Waterways Management Division, Coast Guard; telephone (843)
740-3184, email 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
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 about the event until March 22, 2012. 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 potential danger to
swimmers, participant vessels, spectators, and the general public.
Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to insure safety of life on navigable waters of the United
States during the Lowcountry Splash open water swim.
Discussion of Rule
On Saturday, May 19, 2012, the Logan Rutledge Children's Foundation
will host the Lowcountry Splash, a 2.4 mile open water swim in the
Wando River and Cooper River along the shoreline of Mount Pleasant,
South Carolina. The Lowcountry Splash starts at Hobcaw Yacht Club on
the Wando River, and finishes at the Charleston Harbor Marina and
Resorts at Patriots Point on the Cooper River. Approximately 600
swimmers will be participating in the swim. Buoys will mark the course,
and the course will be patrolled by event staff and volunteers on
safety vessels: 20 motorboats, 20 kayaks, and several jet skis.
The special local regulations establish a series of buffer zones
around the Lowcountry Splash swimmers and safety vessels on certain
waters of the Wando River and Cooper River in Mount Pleasant, South
Carolina. These buffer zones are as follows: (1) All waters within 75
yards of the lead safety vessel; (2) all waters within 100 yards of the
last safety vessel; and (3) all waters within 100 yards of the swimmers
and each participating safety vessel. The special local regulations
will be enforced from 7:30 a.m. until 10 a.m. on May 19, 2012.
Persons and vessels not participating in the open water swim are
prohibited from entering, transiting through, anchoring in, or
remaining within the buffer zones unless authorized by the Captain of
the Port Charleston or a designated representative. Persons and vessels
desiring to enter, transit through, anchor in, or remain within the
buffer zones 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 buffer zones 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. The Coast Guard will provide notice of
the buffer zones by Local Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated representatives.
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.
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 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 rule under
Executive Order 12866.
The economic impact of this rule is not significant for the
following reasons: (1) The buffer zones will be enforced for only two
and a half hours; (2) although persons and vessels will not be able to
enter, transit through, anchor in, or remain within the buffer zones
without authorization from the Captain of the Port Charleston 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 buffer zones if
authorized by the Captain of the Port Charleston or a designated
representative; and (4) the Coast Guard will provide advance
notification of the buffer 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 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 the waters of the
Wando River and Cooper
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River in Mount Pleasant, South Carolina encompassed within the
regulated areas from 7:30 a.m. until 10 a.m. on May 19, 2012. For the
reasons discussed in the Regulatory Planning and Review 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.
Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
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
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
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)(h), of
the Instruction. This rule involves special local regulations issued in
conjunction with a regatta or marine parade. Under figure 2-1,
paragraph (34)(h), of the Instruction, an environmental analysis
checklist and a categorical exclusion determination are not required
for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.35T07-0252 to read as follows:
Sec. 100.35T07-0252 Special Local Regulations; Lowcountry Splash Open
Water Swim, Wando River and Cooper River, Mount Pleasant, SC.
(a) Regulated Areas. The following buffer zones are regulated
areas: All waters within 75 yards of the lead safety vessel; all waters
within 100 yards of the last safety vessel; and all waters within 100
yards of the swimmers and each participating vessel. The Lowcountry
Splash, a 2.4 mile open water swim, starts at Hobcaw Yacht Club on the
Wando River, in approximate position 32[deg]49'19'' N, 79[deg]53'48''
W, and finishes at the
[[Page 23123]]
Charleston Harbor Marina and Resorts at Patriots Point on the Cooper
River, in approximate position 32[deg]47'11'' N, 79[deg]54'38'' 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) Except for those persons and vessels participating in the open
water swim, 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 7:30 a.m. until 10
a.m. on May 19, 2012.
Dated: April 9, 2012.
M.F. White, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-9373 Filed 4-17-12; 8:45 am]
BILLING CODE 9110-04-P
