Safety Zone; Swim Around Charleston, Charleston, SC, 51471-51473 [2012-20830]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Rules and Regulations
erowe on DSK2VPTVN1PROD with
passage of vessels when a request or
signal to open is given in accordance
with this subpart. This bascule bridge
has a vertical clearance of 21 feet in the
closed position. Vessels are permitted to
transit under this bridge in the closed
position.
5. Corey Causeway/Pasadena Avenue
Bridge, mile 117.7. The normal
operating schedule for the Corey
Causeway/Pasadena Avenue Bridge is
set forth in 33 CFR 117.287(f). 33 CFR
117.287(f) requires the bridge to open on
signal, except that from 8 a.m. to 7 p.m.
Monday through Friday and 10 a.m. to
7 p.m. on Saturdays, Sundays, and
Federal holidays, the draw need be
opened only on the hour, 20 minutes
after the hour and 40 minutes after the
hour. This bascule bridge has a vertical
clearance of 23 feet in the closed
position. Vessels are permitted to transit
under this bridge in the closed position.
6. Pinellas Bayway Structure ‘‘C’’ (SR
679) Bridge, mile 114.0. The normal
operating schedule for the Pinellas
Bayway Structure ‘‘C’’ (SR 679) Bridge
is set forth in 33 CFR 117.287(e). 33 CFR
117.287(e) requires the bridge to open
on signal, except that from 7 a.m. to 7
p.m., the draw need open only on the
hour, 20 minutes after the hour and 40
minutes after the hour. This bascule
bridge has a vertical clearance of 25 feet
in the closed position. Vessels are
permitted to transit under this bridge in
the closed position.
7. Johns Pass Bridge, mile 1.0. The
normal operating schedule for the Johns
Pass Bridge is set forth in 33 CFR 117.5.
33 CFR 117.5 requires the bridge to
open promptly and fully for the passage
of vessels when a request or signal to
open is given in accordance with this
subpart. This bascule bridge has a
vertical clearance of 28 feet in the
closed position. Vessels are permitted to
transit under this bridge in the closed
position.
Any vessel requiring emergency
opening of any of these seven bridges
should make a request to the Captain of
the Port St. Petersburg by telephone at
(727) 824–7524.
In accordance with 33 CFR 117.35(e),
these drawbridges must return to their
regular operating schedules
immediately at the end of the
designated time period. These
deviations from the operating
regulations are authorized under 33 CFR
117.35.
Dated: August 15, 2012.
B.L. Dragon,
Bridge Program Director, Seventh Coast
Guard District.
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 165
[Docket No. USCG–2012–0137]
RIN 1625–AA00
Safety Zone; Swim Around Charleston,
Charleston, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary moving safety
zone during the Swim Around
Charleston, a swimming race occurring
on waters of 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 zone is necessary for the safety of
the swimmers, participant vessels,
spectators, and the general public
during the event. Persons and vessels
are prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port Charleston or
a designated representative.
DATES: This rule is effective from 7 a.m.
until 2 p.m. on September 23, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2012–0137. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade John R.
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:
SUMMARY:
[FR Doc. 2012–20829 Filed 8–23–12; 8:45 am]
Table of Acronyms
BILLING CODE 9110–04–P
DHS
VerDate Mar<15>2010
15:09 Aug 23, 2012
Jkt 226001
PO 00000
Department of Homeland Security
Frm 00013
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
Coast Guard
ACTION:
51471
Fmt 4700
Sfmt 4700
On March, 13 2012, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone; Swim Around
Charleston, Charleston, SC in the
Federal Register (77 FR 14700). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. This event will occur before 30
days have elapsed after the publication
of the rule in the Federal Register.
Insufficient time was available to
provide both a period for meaningful
comment and also a 30 day period after
publication for the effective date of this
temporary final rule.
B. Basis and Purpose
(a) The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, 160.5; Pub. L. 107–295, 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.1.
(b) The purpose of the rule is to
ensure the safety of the swimmers,
participant vessels, spectators, and the
general public during the Swim Around
Charleston.
C. Discussion of Comments, Changes
and the Final Rule
The Coast Guard did not receive any
comments to the proposed rule, and no
changes were made to the regulatory
text.
D. 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.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The office of Management and
Budget has not reviewed it under those
E:\FR\FM\24AUR1.SGM
24AUR1
51472
Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Rules and Regulations
Orders. The economic impact of this
rule is not significant for the following
reasons: (1) The safety zone will only be
enforced for a total of seven hours; (2)
the safety zone will move with the
participant vessels so that once the
swimmers clear a portion of the
waterway, the safety zone will no longer
be enforced in that portion of the
waterway; (3) although persons and
vessels may not enter, transit through,
anchor in, or remain within the safety
zone without authorization from the
Captain of the Port Charleston or a
designated representative, they may
operate in the surrounding area during
the enforcement period; (4) persons and
vessels may still enter, transit through,
anchor in, or remain within the safety
zone if authorized by the Captain of the
Port Charleston or a designated
representative; and (5) the Coast Guard
will provide advance notification of the
safety zone to the local maritime
community by Local Notice to Mariners
and Broadcast Notice to Mariners.
erowe on DSK2VPTVN1PROD with
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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.
(1) This rule would affect the
following entities, some of which may
be small entities: The owners or
operators of vessels intending to transit
or anchor in a portion of the Wando
River, the Cooper River, Charleston
Harbor, or the Ashley River in
Charleston, South Carolina from 7 a.m.
until 2 p.m. on September 23, 2012.
(2) 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.
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 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
VerDate Mar<15>2010
15:09 Aug 23, 2012
Jkt 226001
listed in the FOR FURTHER INFORMATION
above.
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.
CONTACT,
4. Collection of Information
This 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 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 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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. 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.
10. 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.
11. 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.
12. 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.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 determined 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 rule involves a
temporary moving safety zone on waters
of the Wando River, the Cooper River,
Charleston Harbor, and the Ashley
River, in Charleston, South Carolina
during the Swim Around Charleston
event on Sunday, September 23, 2012.
Persons and vessels are prohibited from
E:\FR\FM\24AUR1.SGM
24AUR1
Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Rules and Regulations
entering, transiting through, anchoring
in, or remaining within the safety zone
unless authorized by the Captain of the
Port Charleston or a designated
representative. This rule is categorically
excluded from further review under
paragraph (34)(g) of Figure 2–1 of the
Commandant Instruction. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this 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 amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add a temporary § 165.T07–0137 to
read as follows:
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port
Charleston by telephone at 843–740–
7050, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated area is granted by
the Captain of the Port Charleston or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Charleston or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective Date. This rule is
effective from 7 a.m. until 2 p.m. on
September 23, 2012.
Dated: August 11, 2012.
M.F. White,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2012–20830 Filed 8–23–12; 8:45 am]
BILLING CODE 9110–04–P
■
erowe on DSK2VPTVN1PROD with
§ 165.T07–0137 Safety Zone; Swim Around
Charleston, Charleston, SC.
(a) Regulated Area. The following
regulated area is a moving safety zone:
All waters within a 75-yard radius
around Swim Around Charleston
participant vessels that are officially
associated with the swim. 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 area.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port Charleston or a designated
representative.
VerDate Mar<15>2010
15:09 Aug 23, 2012
Jkt 226001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0385]
RIN 1625–AA00
Safety Zone; Bostock 50th Anniversary
Fireworks, Long Island Sound;
Manursing Island, NY
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of Long Island
Sound in the vicinity of Manursing
Island, NY for a fireworks display. This
temporary safety zone is necessary to
protect spectators and vessels from the
hazards associated with fireworks
displays. This rule is intended to restrict
all vessels from a portion of Long Island
Sound before, during, and immediately
after the fireworks event.
DATES: This rule is effective from 9:45
p.m. until 10:50 p.m. on September 8,
2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0385]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
SUMMARY:
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
51473
www.regulations.gov, type the docket
number 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Ensign Kimberly Farnsworth,
Coast Guard; Telephone (718) 354–4163,
email Kimberly.A.Farnsworth@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
COTP Captain of the Port
A. Regulatory History and Information
On June 12, 2012, we published a
notice of proposed rulemaking (NPRM)
entitled Bostock 50th Anniversary
Fireworks, Long Island Sound;
Manursing Island, NY in the Federal
Register (77 FR 34894). We received no
comments on the proposed rule. No
public meeting was requested and none
was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. This event will occur before 30
days have elapsed after the publication
of the rule. The event sponsor is unable
to postpone this event because the date
of this event was chosen based on an
anniversary date. In addition, any
change to the date of the event would
cause economic hardship on the marine
event sponsor and negatively impact
other activities being held in
conjunction with this event.
B. Basis and Purpose
The legal basis for this rule is 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.
This temporary safety zone is
necessary to ensure the safety of
spectators and vessels from hazards
associated with the fireworks display.
The safety zone will be enforced for 65
E:\FR\FM\24AUR1.SGM
24AUR1
]]>Agencies
[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Rules and Regulations]
[Pages 51471-51473]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20830]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0137]
RIN 1625-AA00
Safety Zone; Swim Around Charleston, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary moving safety zone
during the Swim Around Charleston, a swimming race occurring on waters
of 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 zone is necessary for the safety of the swimmers, participant
vessels, spectators, and the general public during the event. Persons
and vessels are prohibited from entering, transiting through, anchoring
in, or remaining within the safety zone unless authorized by the
Captain of the Port Charleston or a designated representative.
DATES: This rule is effective from 7 a.m. until 2 p.m. on September 23,
2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0137. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade John R. 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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On March, 13 2012, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Swim Around Charleston, Charleston, SC in
the Federal Register (77 FR 14700). We received no comments on the
proposed rule. No public meeting was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. This event will occur before 30
days have elapsed after the publication of the rule in the Federal
Register. Insufficient time was available to provide both a period for
meaningful comment and also a 30 day period after publication for the
effective date of this temporary final rule.
B. Basis and Purpose
(a) The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
(b) The purpose of the rule is to ensure the safety of the
swimmers, participant vessels, spectators, and the general public
during the Swim Around Charleston.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard did not receive any comments to the proposed rule,
and no changes were made to the regulatory text.
D. 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.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The office of Management and
Budget has not reviewed it under those
[[Page 51472]]
Orders. The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will only be enforced for a
total of seven hours; (2) the safety zone will move with the
participant vessels so that once the swimmers clear a portion of the
waterway, the safety zone will no longer be enforced in that portion of
the waterway; (3) although persons and vessels may not enter, transit
through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Charleston or a designated
representative, they may operate in the surrounding area during the
enforcement period; (4) persons and vessels may still enter, transit
through, anchor in, or remain within the safety zone if authorized by
the Captain of the Port Charleston or a designated representative; and
(5) the Coast Guard will provide advance notification of the safety
zone to the local maritime community by Local Notice to Mariners and
Broadcast Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
(1) This rule would affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of the Wando River, the Cooper River,
Charleston Harbor, or the Ashley River in Charleston, South Carolina
from 7 a.m. until 2 p.m. on September 23, 2012.
(2) 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.
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 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.
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.
4. Collection of Information
This 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 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 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will 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 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
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.
11. 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.
12. 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.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
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 rule involves a temporary moving safety zone on
waters of the Wando River, the Cooper River, Charleston Harbor, and the
Ashley River, in Charleston, South Carolina during the Swim Around
Charleston event on Sunday, September 23, 2012. Persons and vessels are
prohibited from
[[Page 51473]]
entering, transiting through, anchoring in, or remaining within the
safety zone unless authorized by the Captain of the Port Charleston or
a designated representative. This rule is categorically excluded from
further review under paragraph (34)(g) of Figure 2-1 of the Commandant
Instruction. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this 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 amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add a temporary Sec. 165.T07-0137 to read as follows:
Sec. 165.T07-0137 Safety Zone; Swim Around Charleston, Charleston,
SC.
(a) Regulated Area. The following regulated area is a moving safety
zone: All waters within a 75-yard radius around Swim Around Charleston
participant vessels that are officially associated with the swim. 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[min]49[sec] N, 79[deg]54[min]27[sec] 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[min]14[sec] N, 80[deg]01[min]23[sec] 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
area.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston by telephone at 843-740-7050, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Effective Date. This rule is effective from 7 a.m. until 2 p.m.
on September 23, 2012.
Dated: August 11, 2012.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-20830 Filed 8-23-12; 8:45 am]
BILLING CODE 9110-04-P
