Safety Zone; Swim Around Charleston; Charleston, SC, 61133-61136 [2016-21272]
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Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations
hearing,’’ which are conducted pursuant
to the provisions of 5 U.S.C. 556 and
557. The CSA sets forth the criteria for
scheduling a drug or other substance.
Such actions are exempt from review by
the Office of Management and Budget
(OMB) pursuant to section 3(d)(1) of
Executive Order 12866 and the
principles reaffirmed in Executive Order
13563.
Executive Order 12988, Civil Justice
Reform
This regulation meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988 to
eliminate drafting errors and ambiguity,
minimize litigation, provide a clear legal
standard for affected conduct, and
promote simplification and burden
reduction.
Executive Order 13132, Federalism
This rulemaking does not have
federalism implications warranting the
application of Executive Order 13132.
The rule does not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government.
estimated to have already established
and implemented the systems and
processes required to handle PB-22, 5FPB-22, AB-FUBINACA, and ADBPINACA. Therefore, the DEA anticipates
that this rule will impose minimal or no
economic impact on businesses that
currently handle PB-22, 5F-PB-22, ABFUBINACA, or ADB-PINACA for lawful
purposes. This estimate applies to
entities large and small. Accordingly,
the DEA has concluded that this rule
will not have a significant effect on a
substantial number of small entities.
Unfunded Mandates Reform Act of 1995
On the basis of information contained
in the ‘‘Regulatory Flexibility Act’’
section above, the DEA has determined
and certifies pursuant to the Unfunded
Mandates Reform Act (UMRA) of 1995,
2 U.S.C. 1501 et seq., that this action
will not result in any Federal mandate
that may result in the expenditure by
State, local, and tribal governments, in
the aggregate, or by the private sector, of
$100,000,000 or more (adjusted for
inflation) in any one year. Therefore,
neither a Small Government Agency
Plan nor any other action is required
under provisions of the UMRA of 1995.
Paperwork Reduction Act of 1995
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Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
This rule does not have tribal
implications warranting the application
of Executive Order 13175. It does not
have substantial direct effects 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.
This action does not impose a new
collection of information under the
Paperwork Reduction Act of 1995. 44
U.S.C. 3501–3521. This action would
not impose recordkeeping or reporting
requirements on State or local
governments, individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
Regulatory Flexibility Act
The Administrator, in accordance
with the Regulatory Flexibility Act
(RFA), 5 U.S.C. 601–602, has reviewed
this final rule and by approving it
certifies that it will not have a
significant economic impact on a
substantial number of small entities. On
February 10, 2014, the DEA published a
final order amending 21 CFR 1308.11(h)
to temporarily place these four synthetic
cannabinoids into schedule I of the CSA
pursuant to the temporary scheduling
provisions of 21 U.S.C. 811(h). 79 FR
7577. On February 5, 2016, the DEA
published a final order extending the
temporary placement of these
substances in schedule I of the CSA for
up to one year pursuant to 21 U.S.C.
811(h)(2). 81 FR 6175. Accordingly, all
entities that currently handle or plan to
handle these synthetic cannabinoids are
Congressional Review Act
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This rule is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Congressional
Review Act (CRA)). This rule will not
result in: ‘‘an annual effect on the
economy of $100,000,000 or more; a
major increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of U.S.-based companies to
compete with foreign based companies
in domestic and export markets.’’
However, pursuant to the CRA, the DEA
has submitted a copy of this final rule
to both Houses of Congress and to the
Comptroller General.
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61133
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Reporting and recordkeeping
requirements.
For the reasons set out above, 21 CFR
part 1308 is amended as follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for 21 CFR
part 1308 continues to read as follows:
■
Authority: 21 U.S.C. 811, 812, 871(b),
unless otherwise noted.
2. Amend § 1308.11 as follows:
a. Add paragraphs (d)(51) through
(54);
■ b. Remove paragraphs (h)(4) through
(7);
■ c. Redesignate paragraphs (h)(8)
through (22) as paragraphs (h)(4)
through (18); and
■ d. Redesignate paragraphs (h)(26) and
(27) as paragraphs (h)(19) and (20).
The additions read as follows:
■
■
§ 1308.11
*
Schedule I.
*
*
(d) * * *
*
*
(51) quinolin-8-yl 1-pentyl-1Hindole-3-carboxylate
(PB-22;
QUPIC) ......................................
(52)
quinolin-8-yl
1-(5fluoropentyl)-1H-indole-3carboxylate
(5-fluoro-PB-22;
5F-PB-22) ..................................
(53)
N-(1-amino-3-methyl-1oxobutan-2-yl)-1-(4fluorobenzyl)-1H-indazole-3carboxamide (AB-FUBINACA)
(54) N-(1-amino-3,3-dimethyl-1oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide
(ADBPINACA) ...................................
*
*
*
*
(7222)
(7225)
(7012)
(7035)
*
Dated: August 30, 2016.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2016–21345 Filed 9–2–16; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0241]
RIN 1625–AA00
Safety Zone; Swim Around Charleston;
Charleston, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations
The Coast Guard is
establishing a temporary moving safety
zone during the Swim Around
Charleston, a swimming race occurring
on the Wando River, the Cooper River,
Charleston Harbor, and the Ashley
River, in Charleston, South Carolina on
September 25, 2016. The temporary
safety zone is necessary for the safety of
the swimmers, participant vessels,
spectators, and the general public
during the event. The temporary safety
zone will restrict vessel traffic in
portions of the Charleston Harbor and
surrounding rivers. 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 on
September 25, 2016 from 8:45 a.m. until
3:45 p.m.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov type USCG–2016–
0241 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:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
On March 17, 2016, Kathleen Wilson
notified the Coast Guard that she will be
sponsoring the Swim Around
Charleston from 9 a.m. to 3:30 p.m. on
September 25, 2016. In response, on
June 6, 2016, the Coast Guard published
a notice of proposed rulemaking
(NPRM) titled Safety Zone, Swim
Around Charleston; Charleston, SC.
There we stated why we issued the
NPRM, and invited comments on our
proposed regulatory action related to
this special local regulation. During the
comment period that ended July 7,
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
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publication in the Federal Register.
Delaying the effective date of this rule
would be impracticable due to the date
of the event. The Coast Guard did not
receive any adverse comments during
the period outlined in the NPRM with
regard to this rule.
III. Legal Authority and Need for Rule
The legal basis for this 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, and 160.5; and Department of
Homeland Security Delegation No.
0170.1.
The purpose of the rule is to ensure
the safety of the swimmers, participant
vessels, spectators, and the general
public life during the Swim Around
Charleston.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published June
6, 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
from 8:45 a.m. to 3:45 p.m. on
September 25, 2016. The safety zone
will cover a portion of the waters of the
Wando River, Cooper River, Charleston
Harbor, and Ashley River, in Charleston,
South Carolina. Approximately 120
swimmers are anticipated to participate
in the race. 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, 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 protesters.
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A. Regulatory Planning and Review
Executive Orders 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.
Executive Order 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 Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
The economic impact of this rule is
not significant for the following reasons:
(1) The temporary safety zone will be
enforced for a total of seven hours; (2)
the safety zone will move with the
participant vessels so that once the
swimmers clear a portion of the
waterway, the safety zone will no longer
be enforced in that portion of the
waterway; (3) although persons and
vessels may not enter, transit through,
anchor in, or remain within the safety
zone without authorization from the
Captain of the Port Charleston or a
designated representative; they may
operate in the surrounding area during
the enforcement period; (4) persons and
vessels may still enter, transit through,
anchor in, or remain within the safety
zone if authorized by the Captain of the
Port Charleston or a designated
representative; and (5) the Coast Guard
will provide advance notification of the
safety zone to the local maritime
community by Local Notice to Mariners
and Broadcast Notice to Mariners.
B. 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 received no 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. While some
owners or operators of vessels intending
to transit the safety zone may be small
entities, for the reasons discussed in the
Regulatory Planning and Review section
above, this rule will not have a
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Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations
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, 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.
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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 Order 13132.
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.
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15:06 Sep 02, 2016
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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
temporary safety zone. This rule is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist and a
Categorical Exclusion Determination
was completed for 2016. The
environmental analysis checklist and
Categorical Exclusion Determination are
available in the docket folder 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
1. The authority citation for part 165
continues to read as follows:
■
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61135
Authority: 33 U.S.C. 1226, 1231; 50 U.S.C.
191; 33 CFR 1.05–1, 6.04–1, 160.5; and
Department of Homeland Security Delegation
No. 0170.1.
2 . Add § 165.T07–0241 to read as
follows:
■
§ 165.T07–0241 Safety Zone; Swim Around
Charleston, Charleston, SC.
(a) Regulated area. The following
regulated area is a moving safety zone:
All waters within a 50-yard radius in
front of the lead safety vessel preceding
the first race participants, 50 yards
behind the safety vessel trailing the last
race participants, and at all times extend
100 yards on either side of safety
vessels. The Swim Around Charleston
swimming race consists of a 12 mile
course that starts at Remley 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 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, 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 Marine
Safety Information Bulletins, Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective date. This rule will is
effective on September 25, 2016 and
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Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations
will be enforced from 8:45 a.m. until
3:45 p.m.
B.D. Falk,
Commander, U.S. Coast Guard, Acting
Captain of the Port Charleston.
[FR Doc. 2016–21272 Filed 9–2–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2012–0918; FRL–9951–91–
OAR]
Air Quality Designations for the 2012
Primary Annual Fine Particle (PM2.5)
National Ambient Air Quality Standard
(NAAQS) for Areas in Georgia and
Florida
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is establishing air quality
designations in the United States (U.S.)
for the 2012 primary annual fine
particle (PM2.5) National Ambient Air
Quality Standard (NAAQS) for three
areas in Georgia and 62 counties in
Florida. When the EPA designated the
majority of areas in the country in
December 2014, and March 2015, the
EPA deferred initial area designations
for several locations, including these
areas, because the EPA could not
determine using available data whether
the areas were meeting or not meeting
the NAAQS, but we believed that
forthcoming data in 2015 would allow
the EPA to make that determination.
Georgia and Florida have recently
submitted complete, quality-assured,
and certified air quality monitoring data
for 2015 for the areas identified in this
notice, and based on these data, the EPA
is designating these areas as
unclassifiable/attainment for the 2012
primary annual PM2.5 NAAQS.
DATES: This final rule is effective on
October 6, 2016.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2012–0918. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
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SUMMARY:
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15:06 Sep 02, 2016
Jkt 238001
materials are available either
electronically in https://
www.regulations.gov.
In addition, the EPA has established
a Web site for the rulemakings to
initially designate areas for the 2012
primary annual PM2.5 NAAQS at:
https://www3.epa.gov/pmdesignations/
2012standards/index.htm. This Web
site includes the EPA’s final area
designations for the PM2.5 NAAQS, as
well as state and tribal initial
recommendation letters, the EPA’s
modification letters, technical support
documents, responses to comments and
other related technical information.
FOR FURTHER INFORMATION CONTACT: For
general questions concerning this
action, please contact Carla Oldham,
U.S. EPA, Office of Air Quality Planning
and Standards, Air Quality Planning
Division, C539–04, Research Triangle
Park, North Carolina 27711, telephone
(919) 541–3347, email at oldham.carla@
epa.gov. The Region 4 contact is
Madolyn Sanchez, U.S. EPA, Air
Regulatory Management Section, Air
Planning and Implementation Branch,
Air, Pesticides and Toxics Management
Division, 61 Forsyth Street SW., Atlanta,
Georgia 30303–8960, telephone (404)
562–9644, email at sanchez.madolyn@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 2012, the EPA
promulgated a revised primary annual
PM2.5 NAAQS to provide increased
protection of public health from fine
particle pollution (78 FR 3086; January
15, 2013). In that action, the EPA
strengthened the primary annual PM2.5
standard from 15.0 micrograms per
cubic meter (mg/m3) to 12.0 mg/m3,
which is attained when the 3-year
average of the annual arithmetic means
does not exceed 12.0 mg/m3.
Section 107(d) of the Clean Air Act
(CAA), 42 U.S.C. 7407(d), governs the
process for initial area designations after
the EPA establishes a new or revised
NAAQS. Under CAA section 107(d),
each governor is required to, and each
tribal leader may, if they so choose,
recommend air quality designations,
including the appropriate boundaries
for ‘‘nonattainment’’ areas, to the EPA
by a date which cannot be later than 1
year after the promulgation of a new or
revised NAAQS. The EPA considers
these recommendations as part of its
duty to promulgate the area
designations and boundaries for the new
or revised NAAQS. If, after careful
consideration of these
recommendations, the EPA believes that
it is necessary to modify a state’s
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recommendation and intends to
promulgate a designation different from
a state’s recommendation, the EPA must
notify the state at least 120 days prior
to promulgating the final designation
and the EPA must provide the state an
opportunity to demonstrate why any
proposed modification is inappropriate.
These modifications may relate either to
an area’s designation or boundaries.
On December 18, 2014, the
Administrator of the EPA signed a final
action promulgating initial designations
for the 2012 PM2.5 NAAQS for the
majority of the U.S., including areas of
Indian country (80 FR 2206 FR; January
15, 2015). That action designated 14
areas in six states, including two multistate areas, as nonattainment for the
2012 PM2.5 NAAQS. The EPA also
designated three areas, including the
entire state of Illinois, as
‘‘unclassifiable’’ because the ambient air
quality monitoring sites in these areas
lacked complete data for the relevant
period from 2011–2013. In the absence
of complete monitoring data, the EPA
could not determine, based on available
information, whether these areas meet
or do not meet the NAAQS, and also
could not determine whether these areas
contribute to a nearby violation.
Consistent with the EPA’s ‘‘Policy for
Establishing Separate Air Quality
Designations for Areas of Indian
Country’’ (December 20, 2011), the EPA
designated the lands of the Pechanga
˜
Band of Luiseno Mission Indians in
Southern California as an unclassifiable/
attainment area separate from its
adjacent/surrounding state areas. Except
for the 10 areas discussed in the next
paragraph, the EPA designated all the
remaining state areas and areas of
Indian country as unclassifiable/
attainment.
The EPA deferred initial area
designations for 10 areas where
available data, including air quality
monitoring data, were insufficient to
determine whether the areas met or did
not meet the NAAQS, but where
forthcoming data were likely to result in
complete and valid air quality data
sufficient to determine whether these
areas meet the NAAQS. Accordingly,
the EPA stated that it would use the
additional time available as provided
under section 107(d)(1)(B) of the CAA to
assess relevant information and
subsequently promulgate initial
designations for the identified areas
through a separate rulemaking action or
actions. The 10 deferred areas included:
Eight areas in the state of Georgia,
including two neighboring counties in
the bordering states of Alabama and
South Carolina; the entire state of
Tennessee, excluding three counties in
E:\FR\FM\06SER1.SGM
06SER1
]]>Agencies
[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Rules and Regulations]
[Pages 61133-61136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21272]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0241]
RIN 1625-AA00
Safety Zone; Swim Around Charleston; Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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[[Page 61134]]
SUMMARY: The Coast Guard is establishing a temporary moving safety zone
during the Swim Around Charleston, a swimming race occurring on the
Wando River, the Cooper River, Charleston Harbor, and the Ashley River,
in Charleston, South Carolina on September 25, 2016. The temporary
safety zone is necessary for the safety of the swimmers, participant
vessels, spectators, and the general public during the event. The
temporary safety zone will restrict vessel traffic in portions of the
Charleston Harbor and surrounding rivers. 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 on September 25, 2016 from 8:45 a.m.
until 3:45 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov type USCG-
2016-0241 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
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On March 17, 2016, Kathleen Wilson notified the Coast Guard that
she will be sponsoring the Swim Around Charleston from 9 a.m. to 3:30
p.m. on September 25, 2016. In response, on June 6, 2016, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled Safety
Zone, Swim Around Charleston; Charleston, SC. There we stated why we
issued the NPRM, and invited comments on our proposed regulatory action
related to this special local regulation. During the comment period
that ended July 7, 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. Delaying the effective
date of this rule would be impracticable due to the date of the event.
The Coast Guard did not receive any adverse comments during the period
outlined in the NPRM with regard to this rule.
III. Legal Authority and Need for Rule
The legal basis for this 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, and 160.5;
and Department of Homeland Security Delegation No. 0170.1.
The purpose of the rule is to ensure the safety of the swimmers,
participant vessels, spectators, and the general public life during the
Swim Around Charleston.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published June
6, 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 from 8:45 a.m. to 3:45 p.m. on
September 25, 2016. The safety zone will cover a portion of the waters
of the Wando River, Cooper River, Charleston Harbor, and Ashley River,
in Charleston, South Carolina. Approximately 120 swimmers are
anticipated to participate in the race. 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, 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 protesters.
A. Regulatory Planning and Review
Executive Orders 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. Executive Order 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 Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
The economic impact of this rule is not significant for the
following reasons: (1) The temporary safety zone will be enforced for a
total of seven hours; (2) the safety zone will move with the
participant vessels so that once the swimmers clear a portion of the
waterway, the safety zone will no longer be enforced in that portion of
the waterway; (3) although persons and vessels may not enter, transit
through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Charleston or a designated
representative; they may operate in the surrounding area during the
enforcement period; (4) persons and vessels may still enter, transit
through, anchor in, or remain within the safety zone if authorized by
the Captain of the Port Charleston or a designated representative; and
(5) the Coast Guard will provide advance notification of the safety
zone to the local maritime community by Local Notice to Mariners and
Broadcast Notice to Mariners.
B. 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 received no 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. While some owners or
operators of vessels intending to transit the safety zone may be small
entities, for the reasons discussed in the Regulatory Planning and
Review section above, this rule will not have a
[[Page 61135]]
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, 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.
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 Order
13132.
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 temporary safety zone. This rule is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist and a
Categorical Exclusion Determination was completed for 2016. The
environmental analysis checklist and Categorical Exclusion
Determination are available in the docket folder 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. 1226, 1231; 50 U.S.C. 191; 33 CFR 1.05-1,
6.04-1, 160.5; and Department of Homeland Security Delegation No.
0170.1.
0
2 . Add Sec. 165.T07-0241 to read as follows:
Sec. 165.T07-0241 Safety Zone; Swim Around Charleston, Charleston,
SC.
(a) Regulated area. The following regulated area is a moving safety
zone: All waters within a 50-yard radius in front of the lead safety
vessel preceding the first race participants, 50 yards behind the
safety vessel trailing the last race participants, and at all times
extend 100 yards on either side of safety vessels. The Swim Around
Charleston swimming race consists of a 12 mile course that starts at
Remley 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
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, 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
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
(d) Effective date. This rule will is effective on September 25,
2016 and
[[Page 61136]]
will be enforced from 8:45 a.m. until 3:45 p.m.
B.D. Falk,
Commander, U.S. Coast Guard, Acting Captain of the Port Charleston.
[FR Doc. 2016-21272 Filed 9-2-16; 8:45 am]
BILLING CODE 9110-04-P
