Safety Zone; Swim Around Charleston, Charleston, SC, 54583-54585 [2013-21635]
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Federal Register / Vol. 78, No. 172 / Thursday, September 5, 2013 / Rules and Regulations
enforced on September 8, 2013 from
9:15 p.m. until 10:30 p.m.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: August 22, 2013.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2013–21520 Filed 9–4–13; 8:45 am]
BILLING CODE 9110–04–P
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 will be enforced from
9:15 a.m. until 3:30 p.m. on September
29, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0322. 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 Chief Warrant Officer Christopher
Ruleman, Sector Charleston Waterways
Management, U.S. Coast Guard;
telephone (843) 740–3184, email
christopher.l.ruleman@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DEPARTMENT OF HOMELAND
SECURITY
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Coast Guard
A. Regulatory History and Information
33 CFR Part 165
AGENCY:
On June 14, 2013, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone; Swim Around
Charleston, Charleston, SC in the
Federal Register. We received no
comments on the proposed rule. No
public meeting was requested, and none
was held.
ACTION:
B. Basis and Purpose
[Docket Number USCG–2013–0322]
RIN 1625–AA00
Safety Zone; Swim Around Charleston,
Charleston, SC
Coast Guard, DHS.
Temporary final rule.
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 September
29, 2013. The temporary safety zone is
necessary for the safety of the
swimmers, participant vessels,
ehiers on DSK2VPTVN1PROD with RULES
SUMMARY:
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(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
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54583
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 these statutes and 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
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 six 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
E:\FR\FM\05SER1.SGM
05SER1
54584
Federal Register / Vol. 78, No. 172 / Thursday, September 5, 2013 / Rules and Regulations
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 9:15
a.m. until 3:30 p.m. on September 29,
2013.
(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.
ehiers on DSK2VPTVN1PROD with RULES
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
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14:09 Sep 04, 2013
Jkt 229001
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
PO 00000
Frm 00024
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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 29, 2013.
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. 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.T07–0322 to
read as follows:
■
§ 165.T07–0322 Safety Zone; Swim Around
Charleston, Charleston, SC.
(a) Regulated Area. The following
regulated area is a moving safety zone:
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Federal Register / Vol. 78, No. 172 / Thursday, September 5, 2013 / Rules and Regulations
ehiers on DSK2VPTVN1PROD with RULES
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.
(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 9:15 a.m. until 3:30 p.m.
on September 29, 2013.
Dated: August 14, 2013.
R.R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2013–21635 Filed 9–4–13; 8:45 am]
BILLING CODE 9110–04–P
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Jkt 229001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
54585
SUPPLEMENTARY INFORMATION:
Table of Acronyms
33 CFR Part 165
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[Docket Number USCG–2013–0688]
A. Regulatory History and Information
RIN 1625–AA00
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 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
participants and the general public.
For the same reason discussed above,
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.
Safety Zone; Escape to Miami
Triathlon, Biscayne Bay, Miami, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of Biscayne Bay, east of
Margaret Pace Park, Miami, Florida
during the Publix Escape to Miami
Triathlon. The Publix Escape to Miami
Triathlon is scheduled to take place on
September 29, 2013. Approximately
2,100 participants are anticipated to
participate in the swim portion of this
event. This safety zone is necessary to
provide for the safety of the participants
and general public on the navigable
waters of the United States during the
event. The safety zone establishes a
regulated area that will encompass the
swim area. Non-participant persons and
vessels will be prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port Miami or a designated
representative.
DATES: This rule will be enforced from
6:30 a.m. to 10 a.m. on September 29,
2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0688. 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 John K. Jennings, Sector Miami
Prevention Department, U.S. Coast
Guard; telephone (305) 535–4317, email
john.k.jennings@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUMMARY:
PO 00000
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B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
safety zones: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; 33 CFR 1.05–1, 6.04–1, 6.04–6,
160.5; Public Law 107–295, 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.1. The purpose of
the rule is to provide for the safety of
life on navigable waters of the United
States during the Publix Escape to
Miami Triathlon.
C. Discussion of Final Rule
On September 29, 2013, US Road
Sports and Entertainment Group are
sponsoring the Publix Escape to Miami
Triathlon. The event will be held on the
waters of Biscayne Bay, east of Margaret
Pace Park, Miami, Florida.
Approximately 2,100 participants are
anticipated to participate in the swim
portion of this event.
The rule will establish a safety zone
that will encompass certain waters of
Biscayne Bay, Miami, Florida. The
safety zone will be enforced from 6:30
a.m. until 10 a.m. on September 29,
2013. The safety zone will encompass
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]]>Agencies
[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Rules and Regulations]
[Pages 54583-54585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21635]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0322]
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 September 29, 2013. 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 will be enforced from 9:15 a.m. until 3:30 p.m. on
September 29, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0322. 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 Chief Warrant Officer Christopher Ruleman, Sector
Charleston Waterways Management, U.S. Coast Guard; telephone (843) 740-
3184, email christopher.l.ruleman@uscg.mil. If you have questions on
viewing the docket, call Barbara Hairston, 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 June 14, 2013, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Swim Around Charleston, Charleston, SC in
the Federal Register. We received no comments on the proposed rule. No
public meeting was requested, and none was held.
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 these statutes and 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 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 six 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
[[Page 54584]]
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 9:15 a.m. until 3:30 p.m. on September 29, 2013.
(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 29, 2013. 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. 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.T07-0322 to read as follows:
Sec. 165.T07-0322 Safety Zone; Swim Around Charleston, Charleston,
SC.
(a) Regulated Area. The following regulated area is a moving safety
zone:
[[Page 54585]]
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]48'49'' N, 79[deg]54'27'' W, crosses the main shipping channel
of Charleston Harbor, and finishes at the General William B.
Westmoreland Bridge on the Ashley River in approximate position
32[deg]50'14'' N, 80[deg]01'23'' W. All coordinates are North American
Datum 1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
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 9:15 a.m. until
3:30 p.m. on September 29, 2013.
Dated: August 14, 2013.
R.R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2013-21635 Filed 9-4-13; 8:45 am]
BILLING CODE 9110-04-P
