Safety Zone; ESI Ironman 70.3 Augusta Triathlon, Savannah River; Augusta, GA, 40544-40547 [2012-16793]
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40544
Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules
2–1 of the Commandant Instruction. A
preliminary environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
Dated: June 8, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the
Port Mobile.
List of Subjects in 33 CFR Part 165
Coast Guard
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; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T08–0518 to read as
follows:
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§ 165.T08–0518 Safety Zone;
Choctawhatchee Bay; Santa Rosa Beach,
FL.
(a) Location. The following area is a
temporary safety zone: a portion of the
Gulf Intracoastal Waterway in
Choctawhatchee Bay from the Highway
331 fixed bridge west to the Red Nun
Buoy ‘‘26’’ (LLNR 31510), to include the
entire width of the channel.
(b) Effective dates. This regulation is
effective from August 1, 2012 to
September 30, 2012. The Coast Guard
will issue broadcast notice to mariners
and local notice to mariners of the exact
dates of enforcement of the regulation.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into this zone is prohibited unless
authorized by the Captain of the Port
Mobile or a designated representative.
(2) Persons or vessels not restricted to
navigation in the Gulf Intracoastal
Waterway by draft and that can safely
do so, may pass around the zone while
maintaining a safe distance and
transiting at slowest safe navigational
speed.
(d) Informational Broadcasts. The
Captain of the Port or a designated
representative will inform the public
through broadcast notices to mariners of
the enforcement period for the safety
zone as well as any changes in the
planned schedule.
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33 CFR Part 165
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer William N. Franklin,
Marine Safety Unit Savannah Office of
Waterways Management, Coast Guard;
telephone 912–652–4353, email
William.N.Franklin@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:
[Docket No. USCG–2012–0574]
Table of Acronyms
RIN 1625–AA00
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[FR Doc. 2012–16788 Filed 7–9–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Safety Zone; ESI Ironman 70.3 Augusta
Triathlon, Savannah River; Augusta,
GA
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
establish a temporary safety zone on the
Savannah River in Augusta, Georgia
during the ESI Ironman 70.3 Augusta
Triathlon on Sunday, September 30,
2012. The temporary safety zone would
be necessary for the safety of the race
participants, participant vessels,
spectators, and the general public
during the 1.1 mile swim portion of the
competition. Persons and vessels would
be prohibited from entering, transiting
through, anchoring in, or remaining
within the temporary safety zone unless
authorized by the Captain of the Port
Savannah or a designated
representative.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before August 9, 2012. Requests for
public meetings must be received by the
Coast Guard on or before July 15, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0574 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329. See the ‘‘Public Participation
and Request for Comments’’ portion of
the SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
DATES:
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A. 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.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, 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 at 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, 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, type the
docket number (USCG–2012–0574) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 8c by 11
inches, suitable for copying and
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Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules
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.
C. Discussion of Proposed Rule
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).
On Sunday, September 30, 2012, the
ESI Ironman 70.3 Augusta Triathlon is
scheduled to take place in Augusta,
Georgia. This event includes a 1.1 mile
swim that will take place on the waters
of the Savannah River. The swim starts
at the 6th Street Railroad Bridge and
finishes at Mile Post 198.
The temporary safety zone will
encompass certain waters of the
Savannah River in Augusta, Georgia.
The temporary safety zone will be
enforced from 7 a.m. until 11:59 a.m. on
September 30, 2012. Persons and vessels
are prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port Savannah or
a designated representative. Persons and
vessels desiring to enter, transit through,
anchor in, or remain within the safety
zone may contact the Captain of the Port
Savannah by telephone at 912–652–
4353, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the safety zone is granted by the
Captain of the Port Savannah or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Savannah or a
designated representative. The Coast
Guard will provide notice of the safety
zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and onscene designated representatives.
4. Public Meeting
D. Regulatory Analyses
2. 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, type the
docket number (USCG–2012–0574) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
3. Privacy Act
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before July 15, 2012 using
one of the 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.
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B. 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; Pub. L. 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 ESI Ironman 70.3 Augusta.
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We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The economic impact of this proposed
rule is not significant for the following
reasons: (1) The safety zone would be
enforced for only 5 hours; (2) although
persons and vessels would not be able
to enter, transit through, anchor in, or
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remain within the safety zone without
authorization from the Captain of the
Port Savannah or a designated
representative, they would be able to
operate in the surrounding area during
the enforcement period; (3) persons and
vessels would still be able to enter,
transit through, anchor in, or remain
within the regulated areas if authorized
by the Captain of the Port Savannah or
a designated representative; and (4) the
Coast Guard would provide advance
notification of the safety zone to the
local maritime community by Local
Notice to Mariners and Broadcast Notice
to Mariners.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will 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 Savannah
River encompassed within the
temporary safety zone from 7 a.m. until
11:59 a.m. on September 30, 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 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 rule would economically affect it.
3. 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. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.
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4. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and determined that this rule
does not have implications for
federalism.
Environmental Health Risks and Safety
Risks. This 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.
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
11. 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.
List of Subjects in 33 CFR Part 165
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. 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.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
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12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use 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.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. 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. This proposed
rule involves the establishment of a
temporary safety zone on the waters of
the Savannah River that will be
enforced for a total of five hours. This
rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. A preliminary
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
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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 § 165.T07–0574 to
read as follows:
§ 165.T07–0574 Safety Zone; ESI Ironman
70.3 Augusta Triathlon, Savannah River,
Augusta, GA.
(a) Regulated Area. The following
regulated area is a safety zone. All
waters of the Savannah River
encompassed within an imaginary line
connecting the following points: starting
at Point 1 in position 33°28′44″ N,
81°57′53″ W; thence northeast to Point
2 in position 33°28′50″ N, 81°57′50″ W;
thence southeast to Point 3 in position
33°27′51″ N, 81°55′36″ W; thence
southwest to Point 4 in position
33°27′47″ N, 81°55′43″ W; thence
northwest back to origin. All
coordinates are North American Datum
1983.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Savannah in the
enforcement of the regulated 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 Savannah 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
Savannah by telephone at 912–652–
4353, or a designated representative via
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Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules
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 Savannah or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Savannah or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners and Broadcast Notice
to Mariners. Notice will also be
provided by on-scene designated
representatives.
(d) Effective Date. This rule is
effective from 7 a.m. until 11:59 a.m. on
September 30, 2012.
Dated: June 25, 2012.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of
the Port Savannah.
[FR Doc. 2012–16793 Filed 7–9–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS–CHATA–10187; 5340–SZM]
RIN 1024–AD94
Special Regulations; Areas of the
National Park System, Chattahoochee
River National Recreation Area,
Bicycle Routes
National Park Service, Interior.
Proposed rule.
AGENCY:
ACTION:
The National Park Service
proposes to designate certain multi-use
pathways in Chattahoochee River
National Recreation Area as routes for
bicycle use. National Park Service
regulations require promulgation of a
special regulation to designate routes for
bicycle use off park roads and outside
developed areas. Several segments of
multi-use pathways at Chattahoochee
River National Recreation Area have
been, or are planned to be, constructed
as part of an effort to replace eroded
social trails with sustainable trail
systems. Allowing bicycling on the new
trail system will improve connectivity
to regional trail networks, enhance
opportunities for non-motorized
enjoyment of the park, and encourage
the use of alternate transportation by
park visitors and staff.
DATES: Comments must be received by
September 10, 2012.
ADDRESSES: You may submit your
comments, identified by Regulation
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SUMMARY:
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Identifier Number (RIN) 1024–AD94, by
any of the following methods:
—Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
—Mail: Superintendent, Chattahoochee
River National Recreation Area, 1978
Island Ford Parkway, Sandy Springs,
GA 30350.
—Email: chat_superintendent@nps.gov.
—Fax: (770) 399–8087.
Instructions: All submissions received
must include the agency name and
docket number or RIN for this
rulemaking. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Rick
Slade, Chief of Science and Resource
Management, Chattahoochee River
National Recreation Area, 1978 Island
Ford Parkway, Sandy Springs, GA
30350 (678) 538–1321.
SUPPLEMENTARY INFORMATION:
Background
In 1973, the State of Georgia enacted
the Metropolitan River Protection Act
(MRPA) to ensure the protection of the
corridor located within 2,000 feet of
each bank of the Chattahoochee River,
or the corridor located within the 100year floodplain, whichever is larger.
Five years after the enactment of the
MRPA, the United States Congress
found that the:
Natural, scenic, recreation, historic, and
other values of a forty-eight mile segment of
the Chattahoochee River and certain
adjoining lands in the State of Georgia from
Buford Dam downstream to Peachtree Creek
are of special national significance, and that
such values should be preserved and
protected from developments and uses which
would substantially impair or destroy them.
(16 U.S.C. 460ii)
On August 15, 1978, President Jimmy
Carter signed legislation creating the
Chattahoochee River National
Recreation Area (CHAT), a unit of the
National Park System consisting of ‘‘the
river and its bed together with the lands,
waters, and interests therein * * *.’’ (16
U.S.C. 460ii). The National Park Service
(NPS) is responsible for management of
this significant stretch of Riverside Park.
In 1984, Congress amended the
CHAT’s enabling legislation through
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40547
Public Law 98–568, which declared the
corridor located within 2,000 feet of
each bank along the 48-mile river
segment ‘‘an area of national concern.’’
A subsequent amendment, passed in
1999, expanded the authorized
boundary of CHAT and provided
funding to support acquisition of landbased linear corridors to link existing
units of the recreation area and to
ensure that they are managed to
standardize acquisition, planning,
design, construction, and operation of
the linear corridors. The NPS manages
the 48-mile stretch of the Chattahoochee
River from top-of-bank to top-of-bank,
including all adjacent land elements
that occur below the high water mark.
The NPS also manages over 5,000 acres
of park land, including riverside units
and upland forested areas with hiking
trails and other recreational
opportunities.
In September 2009, the NPS
completed a General Management Plan/
Environmental Impact Statement (GMP/
EIS). Consistent with 36 CFR 4.30, the
GMP/EIS states that bicycles are
prohibited except on roads, parking
areas, and designated routes, noting that
this regulation is especially important in
light of comments received during the
GMP/EIS process from some visitors
who view the park corridor as an
opportunity to promote non-motorized
and less polluting alternatives to
automobiles, such as bicycle use. Public
comments during the GMP/EIS process
also reflected the desire to increase the
use of bicycles off-road in the park
through development of an
interconnected trail system. The final
GMP/EIS describes off-road bicycling on
trails as an appropriate use in the
developed, natural area recreation, and
rustic zones.
Proposed Rule
The proposed rule adds a special
regulation for CHAT, designating
segments of trails outside of developed
areas as routes for bicycle use, as
required by the general regulation for
bicycle use in the National Park System
at 36 CFR 4.30. The proposed rule
would designate segments of trails in
the Vickery Creek, Johnson Ferry South,
and Cochran Shoals units as multi-use
trails, allowing both pedestrian and
bicycle use.
Vickery Creek Unit
In 2001, the City of Roswell planned
and constructed a multi-use paved trail
along the Chattahoochee River, a
portion of which crosses the Vickery
Creek unit of CHAT. Pursuant to the
National Environmental Policy Act of
1969 (NEPA), the park completed a
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Agencies
[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Proposed Rules]
[Pages 40544-40547]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16793]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0574]
RIN 1625-AA00
Safety Zone; ESI Ironman 70.3 Augusta Triathlon, Savannah River;
Augusta, GA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the Savannah River in Augusta, Georgia during the ESI Ironman 70.3
Augusta Triathlon on Sunday, September 30, 2012. The temporary safety
zone would be necessary for the safety of the race participants,
participant vessels, spectators, and the general public during the 1.1
mile swim portion of the competition. Persons and vessels would be
prohibited from entering, transiting through, anchoring in, or
remaining within the temporary safety zone unless authorized by the
Captain of the Port Savannah or a designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before August 9, 2012. Requests for public meetings must be
received by the Coast Guard on or before July 15, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0574 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer William N. Franklin, Marine Safety Unit
Savannah Office of Waterways Management, Coast Guard; telephone 912-
652-4353, email William.N.Franklin@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. 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.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, 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 at
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, 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,
type the docket number (USCG-2012-0574) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8[frac12] by 11 inches, suitable
for copying and
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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.
2. 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,
type the docket number (USCG-2012-0574) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. 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.
3. 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).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before July 15, 2012 using one of the 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.
B. 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; Pub. L. 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 ESI Ironman 70.3 Augusta.
C. Discussion of Proposed Rule
On Sunday, September 30, 2012, the ESI Ironman 70.3 Augusta
Triathlon is scheduled to take place in Augusta, Georgia. This event
includes a 1.1 mile swim that will take place on the waters of the
Savannah River. The swim starts at the 6th Street Railroad Bridge and
finishes at Mile Post 198.
The temporary safety zone will encompass certain waters of the
Savannah River in Augusta, Georgia. The temporary safety zone will be
enforced from 7 a.m. until 11:59 a.m. on September 30, 2012. Persons
and vessels are prohibited from entering, transiting through, anchoring
in, or remaining within the safety zone unless authorized by the
Captain of the Port Savannah or a designated representative. Persons
and vessels desiring to enter, transit through, anchor in, or remain
within the safety zone may contact the Captain of the Port Savannah by
telephone at 912-652-4353, or a designated representative via VHF radio
on channel 16, to request authorization. If authorization to enter,
transit through, anchor in, or remain within the safety zone is granted
by the Captain of the Port Savannah or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Savannah or a designated
representative. The Coast Guard will provide notice of the safety zone
by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The economic impact of this proposed rule is not significant for
the following reasons: (1) The safety zone would be enforced for only 5
hours; (2) although persons and vessels would not be able to enter,
transit through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Savannah or a designated
representative, they would be able to operate in the surrounding area
during the enforcement period; (3) persons and vessels would still be
able to enter, transit through, anchor in, or remain within the
regulated areas if authorized by the Captain of the Port Savannah or a
designated representative; and (4) the Coast Guard would provide
advance notification of the safety zone to the local maritime community
by Local Notice to Mariners and Broadcast Notice to Mariners.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will 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
Savannah River encompassed within the temporary safety zone from 7 a.m.
until 11:59 a.m. on September 30, 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 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 rule would economically affect it.
3. 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. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.
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4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. 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.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This 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.
11. 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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use 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.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. 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. This proposed rule
involves the establishment of a temporary safety zone on the waters of
the Savannah River that will be enforced for a total of five hours.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. A preliminary
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. 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.T07-0574 to read as follows:
Sec. 165.T07-0574 Safety Zone; ESI Ironman 70.3 Augusta Triathlon,
Savannah River, Augusta, GA.
(a) Regulated Area. The following regulated area is a safety zone.
All waters of the Savannah River encompassed within an imaginary line
connecting the following points: starting at Point 1 in position
33[deg]28'44'' N, 81[deg]57'53'' W; thence northeast to Point 2 in
position 33[deg]28'50'' N, 81[deg]57'50'' W; thence southeast to Point
3 in position 33[deg]27'51'' N, 81[deg]55'36'' W; thence southwest to
Point 4 in position 33[deg]27'47'' N, 81[deg]55'43'' W; thence
northwest back to origin. All coordinates are North American Datum
1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Savannah in the enforcement of the regulated 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 Savannah
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 Savannah by telephone at 912-652-4353, or a designated
representative via
[[Page 40547]]
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 Savannah or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Savannah
or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners and Broadcast Notice to Mariners. Notice will
also be provided by on-scene designated representatives.
(d) Effective Date. This rule is effective from 7 a.m. until 11:59
a.m. on September 30, 2012.
Dated: June 25, 2012.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2012-16793 Filed 7-9-12; 8:45 am]
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