Safety Zone; Tall Ships Charleston, Cooper River, Charleston, SC, 22417-22419 [2017-09863]

Download as PDF Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations northwest back to origin. All persons are prohibited from entering the water or swimming in the spectator area. (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 Miami in the enforcement of the regulated area. (c) Regulations. (1) Non-participant persons and vessels are prohibited from entering the race area and buffer zone. Non-participant persons and vessels may request authorization to enter, transit through, anchor in, or remain within the regulated area by contacting the Captain of the Port Miami by telephone at 305–535–4472, or a designated representative via VHF radio on channel 16. If authorization is granted by the Captain of the Port Miami or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Miami or a designated representative. (2) The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners and/or on-scene designated representatives. (d) Enforcement period. This rule will be daily from 9 a.m. to 6 p.m. on May 19 through May 21, 2017. Dated: May 3, 2017. M.M. Dean, Captain, U.S. Coast Guard, Captain of the Port Miami. [FR Doc. 2017–09883 Filed 5–15–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–0121] RIN 1625–AA00 Safety Zone; Tall Ships Charleston, Cooper River, Charleston, SC Coast Guard, DHS. Final rule. AGENCY: pmangrum on DSK3GDR082PROD with RULES ACTION: The Coast Guard is establishing a temporary safety zone on the waters of the Cooper River in Charleston, South Carolina. This safety zone is necessary to provide for the safety of participant vessels and the general public during Tall Ships Charleston, an event allowing for public SUMMARY: VerDate Sep<11>2014 14:05 May 15, 2017 Jkt 241001 tours of tall ships (large sailing vessels) from various countries while at the docks of Veterans Terminal on the Cooper River in Charleston, South Carolina. This rule is intended to prohibit persons and vessels from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston (COTP) or a designated representative. DATES: This rule is effective from May 18, 2017 through May 21, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov type USCG–2017– 0121 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 Commander 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 COTP Captain of the Port Charleston DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History On December 1, 2016, Tall Ships Charleston notified the Coast Guard that they would be sponsoring the Tall Ships Charleston event on May 18, 2017 through May 21, 2017. In response, on March 29, 2017 the Coast Guard published a notice of proposed rulemaking (NPRM) titled ‘‘Safety Zone; Tall Ships Charleston, Cooper River, Charleston, SC’’ (82 FR 15476). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this event. During the comment period that ended April 29, 2017, 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. Insufficient time remains following the closing of the period for public comment for the previously published NPRM, as the Tall Ships Charleston parade will occur before the delay in effective date would be completed. Because the potential hazards associated PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 22417 with public tours of these tall ships, the safety zone is necessary to provide for the safety of event participants. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The purpose of the rule is to ensure safety of life on the navigable water of the United States during Tall Ships Charleston. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on the NPRM, which published March 29, 2017. 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 May 18, 2017 through May 21, 2017. Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated area may contact the Captain of the Port Charleston (COTP) 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 COTP 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 Executive Orders 12866 (Regulatory Planning and Review) and 13563 (Improving Regulation and Regulatory Review) 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 (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 13771 (Reducing Regulation and Controlling E:\FR\FM\16MYR1.SGM 16MYR1 22418 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations pmangrum on DSK3GDR082PROD with RULES Regulatory Costs) directs agencies to reduce regulation and control regulatory costs and provides that ‘‘for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.’’ OMB has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See the OMB Memorandum titled ‘‘Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled ‘Reducing Regulation and Controlling Regulatory Costs’ ’’ (February 2, 2017). The economic impact of this rule is not significant for the following reasons: (1) Although persons and vessels may not enter, transit through, anchor in, or remain within the safety zone without authorization from the COTP or a designated representative, they may operate in the surrounding area during the enforcement period; (2) persons and vessels will still be able to enter, transit through, anchor in, or remain within the regulated area if authorized by the COTP; 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 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 stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. 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 VerDate Sep<11>2014 14:05 May 15, 2017 Jkt 241001 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 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 issued in conjunction with a regatta or marine parade that will prohibit persons and vessels from entering, transiting through, anchoring in, or remaining within a limited area on the waters of the Cooper River in Charleston, SC. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. A Record of Environmental Consideration (REC) supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. 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: ■ 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. E:\FR\FM\16MYR1.SGM 16MYR1 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations 2. Add § 165.T07–0121 to read as follows: ■ DEPARTMENT OF EDUCATION 34 CFR Chapter II § 165.T07–0121 Safety Zone; Tall Ships Charleston, Cooper River, Charleston, SC. (a) Location. This safety zone consists of navigable waters of the Cooper River which begin at the shoreline and extend 100 yards off of each pier located at Veterans Terminal in Charleston, SC. (b) Definitions. As used in this section, ‘‘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 (COTP) 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, except persons and vessels participating in Tall Ships Charleston and those serving as safety vessels. (2) Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated area may contact the COTP 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 COTP 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) Enforcement period. This rule will be enforced from May 18, 2017 through May 21, 2017. Dated: May 11, 2017. G.L. Tomasulo, Captain, U.S. Coast Guard, Captain of the Port Charleston . [FR Doc. 2017–09863 Filed 5–15–17; 8:45 am] pmangrum on DSK3GDR082PROD with RULES BILLING CODE 9110–04–P VerDate Sep<11>2014 14:05 May 15, 2017 Jkt 241001 RIN 1810–AB25 [Docket ID: ED–2015–OESE–0129; CFDA Number: 84.371C.] Final Priorities, Requirements, Definitions, and Selection Criteria— Striving Readers Comprehensive Literacy (SRCL) Program Office of Elementary and Secondary Education, Department of Education. ACTION: Announcement of final priorities, requirements, definitions, and selection criteria. AGENCY: The Assistant Secretary for Elementary and Secondary Education (Assistant Secretary) announces priorities, requirements, definitions, and selection criteria under the SRCL program. These priorities, requirements, definitions, and selection criteria replace the priorities, requirements, definitions, and selection criteria in the SRCL notice inviting applications for new awards for Fiscal Year (FY) 2011, published in the Federal Register on March 10, 2011. The Assistant Secretary may use these priorities, requirements, definitions, and selection criteria for competitions in FY 2017 and subsequent years as the Department ensures an orderly transition to future programs under the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA). We take this action to address an area of national need by providing competitive grant awards to State educational agencies (SEAs) to advance literacy skills, including pre-literacy skills, reading, and writing, for children from birth through grade 12, including children living in poverty, English learners, and children with disabilities. DATES: These priorities, requirements, definitions, and selection criteria are effective July 17, 2017. FOR FURTHER INFORMATION CONTACT: Cindy Savage, U.S. Department of Education, 400 Maryland Avenue SW., Room 3E237, Washington, DC 20202. Telephone: (202) 453–5998 or by email: cindy.savage@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– 8339. SUPPLEMENTARY INFORMATION: Executive Summary: Purpose of this Regulatory Action: The Department will make competitive SUMMARY: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 22419 grant awards under the SRCL program to eligible SEAs for the purpose of advancing literacy skills, including preliteracy skills, reading, and writing, for children from birth through grade 12, with an emphasis on disadvantaged children, including children living in poverty, English learners, and children with disabilities. Summary of the Major Provisions of This Regulatory Action: In this document, we announce the final priorities, requirements, definitions, and selection criteria that we may require eligible SEAs to address in order to receive funds under the SRCL program. In this document, we announce three priorities. The first priority focuses on how SEAs will ensure that (a) the comprehensive literacy instruction programs funded under this grant are supported by moderate evidence or strong evidence and (b) local literacy plans are aligned with the State comprehensive literacy plan. Under the second priority, SEAs must describe a high-quality plan to ensure that local projects serve the greatest numbers or percentages of disadvantaged children. The third priority encourages SEAs to prioritize local literacy plans that align pre-literacy strategies for children aged birth through five with pre-literacy and literacy strategies for students from kindergarten through grade five. We also announce requirements to ensure that State literacy teams assess the State comprehensive literacy plans on a regular basis and that these plans include continuous improvement activities. In addition, we announce 13 definitions that clarify terms used in the SRCL program. Finally, we announce selection criteria intended to help identify highquality applications. These selection criteria will assist the Department in determining the extent to which eligible SEAs submitting applications under the SRCL program will: (1) Provide support and technical assistance, based on an assessment of local needs, to SRCL subgrantees to ensure improvement in the literacy and pre-literacy achievement of children from birth to grade 12 and ensure effectiveness in addressing the needs of disadvantaged children; (2) establish an independent peer review process for awarding subgrants to prioritize awards to eligible subgrantees that propose a high-quality comprehensive literacy instruction program and are supported by moderate or strong evidence; (3) monitor subgrantees’ implementation of interventions and practices to ensure fidelity to the local plan, as well as alignment between the SEA’s State comprehensive literacy plan and E:\FR\FM\16MYR1.SGM 16MYR1

Agencies

[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Rules and Regulations]
[Pages 22417-22419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09863]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0121]
RIN 1625-AA00


Safety Zone; Tall Ships Charleston, Cooper River, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Cooper River in Charleston, South Carolina. This safety 
zone is necessary to provide for the safety of participant vessels and 
the general public during Tall Ships Charleston, an event allowing for 
public tours of tall ships (large sailing vessels) from various 
countries while at the docks of Veterans Terminal on the Cooper River 
in Charleston, South Carolina. This rule is intended to prohibit 
persons and vessels from entering, transiting through, anchoring in, or 
remaining within the safety zone unless authorized by the Captain of 
the Port Charleston (COTP) or a designated representative.

DATES: This rule is effective from May 18, 2017 through May 21, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov type USCG-
2017-0121 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 Commander 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
COTP Captain of the Port Charleston
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On December 1, 2016, Tall Ships Charleston notified the Coast Guard 
that they would be sponsoring the Tall Ships Charleston event on May 
18, 2017 through May 21, 2017. In response, on March 29, 2017 the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled ``Safety 
Zone; Tall Ships Charleston, Cooper River, Charleston, SC'' (82 FR 
15476). There we stated why we issued the NPRM, and invited comments on 
our proposed regulatory action related to this event. During the 
comment period that ended April 29, 2017, 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. Insufficient time 
remains following the closing of the period for public comment for the 
previously published NPRM, as the Tall Ships Charleston parade will 
occur before the delay in effective date would be completed. Because 
the potential hazards associated with public tours of these tall ships, 
the safety zone is necessary to provide for the safety of event 
participants.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The purpose of the rule is to ensure safety of life on the 
navigable water of the United States during Tall Ships Charleston.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on the NPRM, which 
published March 29, 2017. 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 May 18, 2017 through May 
21, 2017. Persons and vessels desiring to enter, transit through, 
anchor in, or remain within the regulated area may contact the Captain 
of the Port Charleston (COTP) 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 
COTP 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

    Executive Orders 12866 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review) 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 (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 13771 (Reducing Regulation and Controlling

[[Page 22418]]

Regulatory Costs) directs agencies to reduce regulation and control 
regulatory costs and provides that ``for every one new regulation 
issued, at least two prior regulations be identified for elimination, 
and that the cost of planned regulations be prudently managed and 
controlled through a budgeting process.''
    OMB has not designated this rule a significant regulatory action 
under section 3(f) of Executive Order 12866. Accordingly, OMB has not 
reviewed it. As this rule is not a significant regulatory action, this 
rule is exempt from the requirements of Executive Order 13771. See the 
OMB Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    The economic impact of this rule is not significant for the 
following reasons: (1) Although persons and vessels may not enter, 
transit through, anchor in, or remain within the safety zone without 
authorization from the COTP or a designated representative, they may 
operate in the surrounding area during the enforcement period; (2) 
persons and vessels will still be able to enter, transit through, 
anchor in, or remain within the regulated area if authorized by the 
COTP; 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 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 stated in section V.A above, this rule will 
not have a significant economic impact on any vessel owner or operator.
    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 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 issued in conjunction with a 
regatta or marine parade that will prohibit persons and vessels from 
entering, transiting through, anchoring in, or remaining within a 
limited area on the waters of the Cooper River in Charleston, SC. This 
rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. A Record of 
Environmental Consideration (REC) supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES.

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.

[[Page 22419]]


0
2. Add Sec.  165.T07-0121 to read as follows:


Sec.  165.T07-0121  Safety Zone; Tall Ships Charleston, Cooper River, 
Charleston, SC.

    (a) Location. This safety zone consists of navigable waters of the 
Cooper River which begin at the shoreline and extend 100 yards off of 
each pier located at Veterans Terminal in Charleston, SC.
    (b) Definitions. As used in this section, ``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 (COTP) 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, except persons and vessels participating in Tall Ships 
Charleston and those serving as safety vessels.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the COTP 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 COTP 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) Enforcement period. This rule will be enforced from May 18, 
2017 through May 21, 2017.

    Dated: May 11, 2017.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston .
[FR Doc. 2017-09863 Filed 5-15-17; 8:45 am]
 BILLING CODE 9110-04-P