Safety Zone; Xterra Swim, Myrtle Beach, SC, 22103-22105 [2015-09047]

Download as PDF Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations That Significantly Affect Energy Supply, Distribution, or Use. DEPARTMENT OF HOMELAND SECURITY 13. Technical Standards Coast Guard This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 33 CFR Part 165 [Docket No. USCG–2015–0169] RIN 1625–AA00 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule simply promulgates the operating regulations or procedures for drawbridges. This rule is categorically excluded, under figure 2–1, paragraph (32)(e), of the Instruction. Under figure 2–1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. List of Subjects in 33 CFR Part 117 Bridges. Accordingly, the interim rule amending 33 CFR part 117 which was published at 79 FR 56651 on September 23, 2014, is adopted as a final rule with the following change: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. 2. Amend § 117.988 by adding paragraph (g) to read as follows: ■ § 117.988 Taylor Bayou Outfall Canal (Joint Outfall Canal (JOC)). * * * * (g) If the bridge is required to operate outside of the specified times, the bridge will be tended until it is returned to the open-to-navigation position. tkelley on DSK3SPTVN1PROD with RULES * Dated: March 20, 2015. Kevin S. Cook, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2015–09037 Filed 4–20–15; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 16:29 Apr 20, 2015 Jkt 235001 Cincinnati Reds Season Fireworks; Ohio River Mile 470.1–470.4; Cincinnati, OH Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce a safety zone for the Cincinnati Reds Season Fireworks on the Ohio River, from mile marker 470.1 and ending at 470.4, extending 500 feet from the State of Ohio shoreline. This rule is effective during specific home games during the regular baseball season. Should the Cincinnati Reds make the playoffs and have additional home games, the Coast Guard will provide advance notification of enforcement periods via Broadcast Notices to Mariners, Local Notices to Mariners, and/or Marine Safety Information Bulletins as appropriate. This action is needed to protect vessels transiting the area and event spectators from the hazard associated with the Cincinnati Reds Barge-based Fireworks. During the enforcement period, entry into, transiting, or anchoring in the safety zone is prohibited to all vessels not registered with the sponsor as participants or official patrol vessels, unless specifically authorized by the Captain of the Port (COTP) Ohio Valley or a designated representative. DATES: The regulations in 33 CFR 165.801, Table No. 1, Line no. 2 will be enforced from 9 p.m. through 11:30 p.m. on April 24, May 15, May 29, June 5, June 19, July 3, July 4, July 17, July 31, August 21, September 4, September 11, and September 25, 2015. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice of enforcement, call or email Kevin Cador, MSD Cincinnati, U.S. Coast Guard at telephone 513–921–9033, email Kevin.L.Cador@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety Zone for the Cincinnati Reds Season Fireworks listed in 33 CFR 165.801, Table No. 1, Line no. 2. These regulations can be found in the electronic version of the Code of Federal Regulations, under 33 CFR 165.801( ). Under the provisions of 33 CFR 165.801, a vessel may not enter the safe zone, unless it receives permission from SUMMARY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 22103 the COTP Ohio Valley or a designated representative. Persons or vessels desiring to enter into or passage through the safety zone must request permission from the COTP Ohio Valley or designated representative. If permission is granted, all persons and vessels shall comply with the instructions of the COTP Ohio Valley or designated representative. This notice is issued under authority of 33 CFR 165.801 and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with extensive advance notification of this enforcement period via the Local Notice to Mariners (LNM) and Broadcast Notice to Mariners (BNM). If the COTP Ohio Valley determines that the regulated area need not be enforced for the full duration stated in the notice, he or she may use a BNM to grant general permission to enter the regulated area. Dated: March 30, 2015. R.V. Timme, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2015–09279 Filed 4–20–15; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2015–0019] RIN 1625–AA00 Safety Zone; Xterra Swim, Myrtle Beach, SC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone during the Xterra swim, a swimming race occurring on waters of the Intracoastal Waterway in Myrtle Beach, South Carolina. The Xterra Swim is scheduled to take place on Sunday, May 3, 2015. 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 and will be enforced from 7:30 a.m. until 8:30 a.m. on May 3, 2015. SUMMARY: E:\FR\FM\21APR1.SGM 21APR1 22104 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations Documents mentioned in this preamble are part of docket USCG– 2015–0019. To view documents mentioned in this preamble as being available in the docket, go to http:// 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: 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 1 hour; (2) 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; (3) 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 (4) 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. Table of Acronyms 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 Intracoastal Waterway in Myrtle Beach, South Carolina from 7:30 a.m. until 8:30 a.m. on May 3, 2015. (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. ADDRESSES: DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Regulatory History and Information On March 2, 2015, we published a notice of proposed rulemaking entitled Safety Zone; Xterra Swim, Myrtle Beach, SC in the Federal Register (76 FR 246). We received no comments on the proposed rule. No public meeting was requested, and none was held. tkelley on DSK3SPTVN1PROD with RULES 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; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; 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 Xterra Swim. C. 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 VerDate Sep<11>2014 17:46 Apr 20, 2015 Jkt 235001 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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. E:\FR\FM\21APR1.SGM 21APR1 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 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. tkelley on DSK3SPTVN1PROD with RULES 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 safety zone on waters of the Intracoastal Waterway in Myrtle Beach, South Carolina during the Xterra Swim event on Sunday, May 3, 2015. Persons VerDate Sep<11>2014 16:29 Apr 20, 2015 Jkt 235001 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: 22105 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 on May 3, 2015. This rule will be enforced from 7:30 a.m. until 8:30 a.m. on Sunday, May 3, 2015. Dated: April 9, 2015. B.D. Falk, Commander, U.S. Coast Guard, Captain of the Port Charleston. [FR Doc. 2015–09047 Filed 4–20–15; 8:45 am] BILLING CODE 9110–04–P ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T07–0019 to read as follows: ■ § 165.T07–0019 Safety Zone; Xterra Swim, Myrtle Beach, SC. (a) Regulated area. The following regulated area is a safety zone: all waters within the following two points of position and the North shore: 33°45.076 N., 78°50.790 W. to 33°45.323 N., 78°50.214 W. The Xterra Swim race consists of approximately 150 swimmers. 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, PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2015–0121] Safety Zones; Fireworks Events in Captain of the Port New York Zone Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce various safety zones within the Captain of the Port New York Zone on the specified dates and times. This action is necessary to ensure the safety of vessels and spectators from hazards associated with fireworks displays. During the enforcement period, no person or vessel may enter the safety zones without permission of the Captain of the Port (COTP). SUMMARY: The regulation for the safety zones described in 33 CFR 165.160 will be enforced on the dates and times listed in the table below. FOR FURTHER INFORMATION CONTACT: If you have questions on this document, call or email Lieutenant Douglas Neumann, Coast Guard; telephone 718– 354–4154, email douglas.w.neumann@ uscg.mil. DATES: SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zones listed in 33 CFR 165.160 on the specified dates and times as indicated in Table 1 below. This regulation was published in the Federal E:\FR\FM\21APR1.SGM 21APR1

Agencies

[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Rules and Regulations]
[Pages 22103-22105]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-09047]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0019]
RIN 1625-AA00


Safety Zone; Xterra Swim, Myrtle Beach, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone during 
the Xterra swim, a swimming race occurring on waters of the 
Intracoastal Waterway in Myrtle Beach, South Carolina. The Xterra Swim 
is scheduled to take place on Sunday, May 3, 2015. 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 and will be enforced from 7:30 a.m. until 
8:30 a.m. on May 3, 2015.

[[Page 22104]]


ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0019. To view documents mentioned in this preamble as being 
available in the docket, go to http://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 March 2, 2015, we published a notice of proposed rulemaking 
entitled Safety Zone; Xterra Swim, Myrtle Beach, SC in the Federal 
Register (76 FR 246). 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; 
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 Xterra Swim.

C. 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 1 hour; (2) 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; (3) 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 (4) 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 Intracoastal Waterway in Myrtle 
Beach, South Carolina from 7:30 a.m. until 8:30 a.m. on May 3, 2015.
    (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.

[[Page 22105]]

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 safety zone on waters of 
the Intracoastal Waterway in Myrtle Beach, South Carolina during the 
Xterra Swim event on Sunday, May 3, 2015. 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T07-0019 to read as follows:


Sec.  165.T07-0019  Safety Zone; Xterra Swim, Myrtle Beach, SC.

    (a) Regulated area. The following regulated area is a safety zone: 
all waters within the following two points of position and the North 
shore: 33[deg]45.076 N., 78[deg]50.790 W. to 33[deg]45.323 N., 
78[deg]50.214 W. The Xterra Swim race consists of approximately 150 
swimmers. 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 on May 3, 2015. This 
rule will be enforced from 7:30 a.m. until 8:30 a.m. on Sunday, May 3, 
2015.

    Dated: April 9, 2015.
B.D. Falk,
Commander, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2015-09047 Filed 4-20-15; 8:45 am]
 BILLING CODE 9110-04-P