Safety Zone; Cooper River Bridge Run, Cooper River, and Town Creek Reaches, Charleston, SC, 17387-17389 [2016-06972]
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Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Rules and Regulations
This deviation is effective from
8 a.m. to 9:30 a.m. on May 15, 2016.
ADDRESSES: The docket for this
deviation, [USCG–2016–0230] is
available at 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 deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: The
Seattle Department of Transportation
requested a temporary deviation from
the operating schedule for the
University Bridge, mile 4.3, and the
Montlake Bridge, mile 5.2, both crossing
Lake Washington Ship Canal at Seattle,
WA, to facilitate safe passage of
participants in the ‘‘Beat the Bridge’’
foot race. The University Bridge
provides a vertical clearance of 30 feet
in the closed-to-navigation position. The
Montlake Bridge provides 30 feet of
vertical clearance in the closed-tonavigation position throughout the
navigation channel, and 46 feet of
vertical clearance in the closed-tonavigation position throughout the
center 60 feet of the bridge. Vertical
clearances are referenced to the Mean
Water Level of Lake Washington. The
normal operating schedule for both the
University Bridge and Montlake Bridge
is in 33 CFR 117.1051. During this
deviation period, the University Bridge,
mile 4.3, need not open to marine
vessels from 8 a.m. to 9:30 a.m. on May
15, 2016. The Montlake Bridge, mile 5.2,
need not open to marine vessels from
8:15 a.m. to 8:45 a.m. on May 15, 2016.
Waterway usage on Lake Washington
Ship Canal ranges from commercial tug
and barge to small pleasure craft.
Vessels able to pass through the
bridges in the closed positions may do
so at any time. Both bridges will be able
to open for emergencies, and there is no
immediate alternate route for vessels to
pass. The Coast Guard will also inform
the users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
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DATES:
VerDate Sep<11>2014
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from the operating regulations is
authorized under 33 CFR 117.35.
Dated: March 23, 2016.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2016–07011 Filed 3–28–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0229]
Drawbridge Operation Regulation;
Lake Washington Ship Canal, Seattle,
WA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Fremont
Bridge, mile 2.6, and the University
Bridge, mile 4.3, both crossing the Lake
Washington Ship Canal at Seattle, WA.
The deviation is necessary to
accommodate the Brooks Trailhead 10K
& 15K foot race event. This deviation
allows the bridges to remain in the
closed-to-navigation position to allow
for the safe movement of event
participants.
DATES: This deviation is effective from
8 a.m. to 10 a.m. on May 22, 2016.
ADDRESSES: The docket for this
deviation, [USCG–2016–0229] is
available at 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 deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: The
Seattle Department of Transportation
requested a temporary deviation from
the operating schedule for the Fremont
Bridge, mile 2.6, and the University
Bridge, mile 4.3, both crossing the Lake
Washington Ship Canal at Seattle, WA,
to facilitate safe passage of participants
in the Brooks Trailhead 10K & 15K foot
race event. The Fremont Bridge
provides a vertical clearance of 14 feet
(31 feet of vertical clearance for the
center 36 horizontal feet) in the closedSUMMARY:
PO 00000
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17387
to-navigation position. The University
Bridge provides a vertical clearance of
30 feet in the closed-to-navigation
position. Both bridge clearances are
referenced to the mean water elevation
of Lake Washington. The normal
operating schedule for both the Fremont
Bridge and the University Bridge is in
33 CFR 117.1051. During this deviation
period, the Fremont Bridge, mile 2.6,
need not open to marine vessels from
8:15 a.m. to 10 a.m. on May 22, 2016.
The University Bridge, mile 4.3, need
not open to marine vessel from 8 a.m.
to 8:30 a.m. on May 22, 2016. Waterway
usage on the Lake Washington Ship
Canal ranges from commercial tug and
barge to small pleasure craft.
Vessels able to pass through the
bridges in the closed-to-navigation
positions may do so at any time. Both
bridges will be able to open for
emergencies, and there is no immediate
alternate route for vessels to pass. The
Coast Guard will also inform the users
of the waterway through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
both drawbridges must return to their
regular operating schedule immediately
at the end of the designated time period.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
Dated: March 23, 2016.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2016–07010 Filed 3–28–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0022]
RIN 1625–AA–08
Safety Zone; Cooper River Bridge Run,
Cooper River, and Town Creek
Reaches, Charleston, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Cooper River and
Town Creek Reaches in Charleston,
South Carolina during the Cooper River
Bridge Run on April 2, 2016 from 7:30
SUMMARY:
E:\FR\FM\29MRR1.SGM
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17388
Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Rules and Regulations
a.m. to 10:30 a.m. The Cooper River
Bridge Run is a 10–K run across the
Arthur Ravenel Bridge. The safety zone
is necessary for the safety of the runners
and the general public during this event.
This regulation prohibits persons and
vessels 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 7:30
a.m. to 10:30 a.m. on April 2, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0022 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule call or
email Lieutenant John Downing, Sector
Charleston Office of Waterways
Management, Coast Guard; telephone
(843) 740–3184, email John.Z.Downing@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
mstockstill on DSK4VPTVN1PROD with RULES
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
COTP Captain of the Port
II. Background Information and
Regulatory History
The purpose of the rule is to ensure
the safety of the runners, and the
general public during the scheduled
event. The Coast Guard published a
notice of proposed rulemaking titled
Cooper River Bridge Run, Cooper River,
and Town Creek Reaches, Charleston,
SC. There we stated why we issued the
NPRM, and invited comments on our
proposed regulatory action related to
this Safety Zone. During the comment
period that ended February 26, 2016, we
received no comments.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register. It is
impracticable to publish notice of this
regulation at least 30 days before the
effective date because the Coast Guard
did not receive the proper information
with enough advance time to effectively
publish both the NPRM and notice of
this regulation. The Coast Guard
received no comments on the NPRM.
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16:41 Mar 28, 2016
Jkt 238001
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists to
make this rule effective less than 30
days after publication in the Federal
Register because any delay in the
effective date of this rule would be
impracticable and contrary to the public
interest. Immediate action is needed to
minimize potential danger to the public
during the date of the event.
III. Legal Authority and Need for Rule
The legal basis for this rule is the
Coast Guard’s authority to establish
regulated safety zones 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; and Department of Homeland
Security Delegation No. 0170. The
purpose of the rule is to ensure the
safety of the runners, and the general
public during the Cooper River Bridge
Run.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
February 11, 2016. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a safety zone on
the waters of the Cooper River and
Town Creek Reaches in Charleston,
South Carolina during the Cooper River
Bridge Run. The race is scheduled to
take place from 7:30 a.m. to 10:30 a.m.
on April 2, 2016. Approximately 40,000
runners are anticipated to participate in
the race. Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the safety zone 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 safety zone is granted by the
Captain of the Port Charleston or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Charleston or a
designated representative. The Coast
Guard will provide notice of the safety
zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and onscene designated representatives.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
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A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies
to assess the costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits. E.O.13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under E.O. 12866. Accordingly,
the rule has not been reviewed by the
Office of Management and Budget. 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 three hours; (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; and (3) 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.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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 received 0 comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities. This rule may
affect the following entities, some of
which may be small entities: the owner
or operators of vessels intending to
enter, transit through, anchor in, or
remain within the regulated area during
E:\FR\FM\29MRR1.SGM
29MRR1
Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Rules and Regulations
the enforcement period. For the reasons
discussed in Regulatory Planning and
Review section above, this rule will not
have a significant economic impact on
a substantial number of 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 section.
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.
mstockstill on DSK4VPTVN1PROD with RULES
C. 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).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order13132.
Also, 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. If you
believe this rule has implications for
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16:41 Mar 28, 2016
Jkt 238001
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
F. 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 (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 safety
zone prohibiting vessel traffic from a
limited area surrounding the Cooper
River Bridge on the waters of the Cooper
River and Town Creek Reaches for a 3
hour period. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
G. 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.
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:
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17389
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; 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 a temporary § 165.35T07–0022
to read as follows:
■
§ 165.T07–0022 Safety Zone; Cooper River
Bridge Run, Charleston, SC.
(a) Location. All waters of the Cooper
River, and Town Creek Reaches
encompassed within the following
points: 32°48′32″ N./079°56′08″ W.,
32°48′20″ N./079°54′20″ W., 32°47′20″
N./079°54′29″ W., 32°47′20″ N./
079°55′28″ W.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Charleston in the
enforcement of the regulated areas.
(c) Regulations. (1) 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, 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,
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) Enforcement period. This rule will
be enforced from 7:30 a.m. until 10:30
a.m. on April 2, 2016.
Dated: March 18, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2016–06972 Filed 3–28–16; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\29MRR1.SGM
29MRR1
]]>Agencies
[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Rules and Regulations]
[Pages 17387-17389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06972]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0022]
RIN 1625-AA-08
Safety Zone; Cooper River Bridge Run, Cooper River, and Town
Creek Reaches, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Cooper River and Town Creek Reaches in
Charleston, South Carolina during the Cooper River Bridge Run on April
2, 2016 from 7:30
[[Page 17388]]
a.m. to 10:30 a.m. The Cooper River Bridge Run is a 10-K run across the
Arthur Ravenel Bridge. The safety zone is necessary for the safety of
the runners and the general public during this event. This regulation
prohibits persons and vessels 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 7:30 a.m. to 10:30 a.m. on April 2,
2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0022 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule
call or email Lieutenant John Downing, Sector Charleston Office of
Waterways Management, Coast Guard; telephone (843) 740-3184, email
John.Z.Downing@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
II. Background Information and Regulatory History
The purpose of the rule is to ensure the safety of the runners, and
the general public during the scheduled event. The Coast Guard
published a notice of proposed rulemaking titled Cooper River Bridge
Run, Cooper River, and Town Creek Reaches, Charleston, SC. There we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this Safety Zone. During the comment
period that ended February 26, 2016, we received no comments.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. It is impracticable to
publish notice of this regulation at least 30 days before the effective
date because the Coast Guard did not receive the proper information
with enough advance time to effectively publish both the NPRM and
notice of this regulation. The Coast Guard received no comments on the
NPRM. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists to make this rule effective less than 30 days after publication
in the Federal Register because any delay in the effective date of this
rule would be impracticable and contrary to the public interest.
Immediate action is needed to minimize potential danger to the public
during the date of the event.
III. Legal Authority and Need for Rule
The legal basis for this rule is the Coast Guard's authority to
establish regulated safety zones 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; and
Department of Homeland Security Delegation No. 0170. The purpose of the
rule is to ensure the safety of the runners, and the general public
during the Cooper River Bridge Run.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
February 11, 2016. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a safety zone on the waters of the Cooper
River and Town Creek Reaches in Charleston, South Carolina during the
Cooper River Bridge Run. The race is scheduled to take place from 7:30
a.m. to 10:30 a.m. on April 2, 2016. Approximately 40,000 runners are
anticipated to participate in the race. Persons and vessels desiring to
enter, transit through, anchor in, or remain within the safety zone 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 safety zone is granted by the Captain
of the Port Charleston or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the Captain of the Port Charleston or a designated representative.
The Coast Guard will provide notice of the safety zone by Local Notice
to Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O.13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, the rule has not
been reviewed by the Office of Management and Budget. 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 three hours; (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; and (3) 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.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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 received 0 comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities. This rule may affect
the following entities, some of which may be small entities: the owner
or operators of vessels intending to enter, transit through, anchor in,
or remain within the regulated area during
[[Page 17389]]
the enforcement period. For the reasons discussed in Regulatory
Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of 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
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive
Order13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. 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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
F. 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 (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 safety zone prohibiting vessel traffic from a limited
area surrounding the Cooper River Bridge on the waters of the Cooper
River and Town Creek Reaches for a 3 hour period. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
G. 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.
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 a temporary Sec. 165.35T07-0022 to read as follows:
Sec. 165.T07-0022 Safety Zone; Cooper River Bridge Run, Charleston,
SC.
(a) Location. All waters of the Cooper River, and Town Creek
Reaches encompassed within the following points: 32[deg]48'32'' N./
079[deg]56'08'' W., 32[deg]48'20'' N./079[deg]54'20'' W.,
32[deg]47'20'' N./079[deg]54'29'' W., 32[deg]47'20'' N./079[deg]55'28''
W.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
(c) Regulations. (1) 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, 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, 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) Enforcement period. This rule will be enforced from 7:30 a.m.
until 10:30 a.m. on April 2, 2016.
Dated: March 18, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-06972 Filed 3-28-16; 8:45 am]
BILLING CODE 9110-04-P
