Safety Zone; Charleston Race Week, Charleston Harbor, Charleston, SC, 9249-9252 [2018-04366]
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Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination 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 proposed rule
involves a temporary safety zone with a
two-hour enforcement period that
would prohibit entry to certain waters of
the Atlantic Intracoastal Waterway
during the swim portion of a Triathlon.
Normally such actions are categorically
excluded from further review under
paragraph L 60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A preliminary Record
of Environmental Consideration
supporting this determination is
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
proposed 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.
sradovich on DSK3GMQ082PROD with PROPOSALS
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
VerDate Sep<11>2014
16:41 Mar 02, 2018
Jkt 244001
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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 proposes to
amend 33 CFR part 165 as follows:
PART 165—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 165
continues to read as follows:
9249
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated area is granted by
the Captain of the Port Charleston or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Charleston or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Period. This rule will
be enforced on from 7:30 a.m. until 9:30
a.m. on April 22, 2018.
Dated: February 20, 2018.
John W. Reed,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2018–04368 Filed 3–2–18; 8:45 am]
BILLING CODE 9110–04–P
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191,
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and
Department of Homeland Security Delegation
No. 0170.1.
2. Add a temporary § 165. T07–0081
to read as follows:
■
§ 165.T07–0081 Safety Zone; Xterra Swim,
Myrtle Beach SC
(a) Location. The following is a safety
zone: Certain waters of the Atlantic
Intracoastal Waterway within the
following two points of position and the
North shore: 33°45′03″ N, 78°50′47″ W
to 33°45′18″ N, 78°50′14″ W, located in
Myrtle Beach, South Carolina. 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
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0056]
RIN 1625–AA00
Safety Zone; Charleston Race Week,
Charleston Harbor, Charleston, SC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone on the
waters of the Charleston Harbor in
Charleston, South Carolina during
Charleston Race Week. Charleston Race
Week is a series of sail boat races
throughout Charleston Harbor. The
safety zone is necessary to ensure the
safety of participants, spectators, and
the general public during the event.
This regulation prohibits persons and
vessels from entering, transiting
through, anchoring in, or remaining
within the safety zones unless
authorized by the Captain of the Port
Charleston or a designated
representative.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before March 20, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0056 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
DATES:
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Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Justin Heck, Sector Charleston Office of
Waterways Management, Coast Guard;
telephone (843) 740–3184, email
Justin.C.Heck@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
§ Section
U.S.C. United States Code
COTP Captain of the Port
sradovich on DSK3GMQ082PROD with PROPOSALS
II. Background, Purpose, and Legal
Basis
On January 14, 2018, the Charleston
Ocean Racing Association notified the
Coast Guard that it will be sponsoring
a series of sailboat races from 9 a.m.
until 5 p.m., on April 12, 2018 through
April 15, 2018. The purpose of the rule
is to ensure the safety of the event
participants, the general public, vessels
and the navigable waters during
Charleston Race Week.
The Coast Guard is requesting that
interested parties provide comments
within a shortened comment period of
15 days instead of a standard 30 days for
this notice of proposed rulemaking. The
Coast Guard believes a shortened
comment period is necessary and
reasonable because the safety zone is
necessary to ensure the safety of event
participants, the general public, vessels
and these navigable waters during the
race. Any delay in making this final rule
effective by allowing comments for
more than 15 days would not be in the
best interest of public safety.
The legal basis for the proposed rule
is the Coast Guard’s authority to
establish regulated safety zones and
other limited access areas is 33 U.S.C.
1231.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish
a safety zone on the waters of the
Charleston Harbor in Charleston, South
Carolina during Charleston Race Week.
The races are scheduled to take place
from 9 a.m. to 5 p.m., on April 12, 2018,
through April 15, 2018. Approximately
250 sailboats are anticipated to
participate in the races, and
approximately 30 spectator vessels are
expected to attend the event. Persons
and vessels desiring to enter, transit
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Jkt 244001
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.
IV. Regulatory Analyses
We developed this proposed 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.
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 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on: (1) 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 (2) 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
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Sfmt 4702
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would 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 IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
E:\FR\FM\05MRP1.SGM
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Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules
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 proposed 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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, which guides
the Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
made a preliminary determination 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 proposed rule
involves a safety zone that will prohibit
persons and vessels from entering,
transiting through, anchoring in, or
remaining within a limited area on the
waters of the Charleston Harbor.
Normally such actions are categorically
excluded from further review under
paragraph L60 of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 01. A preliminary Record
of Environmental Consideration
supporting this determination is
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
proposed rule.
sradovich on DSK3GMQ082PROD with PROPOSALS
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.
VerDate Sep<11>2014
16:41 Mar 02, 2018
Jkt 244001
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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 proposes to
amend 33 CFR part 165 as follows:
PART 165—SAFETY OF LIFE ON
NAVIGABLE WATERS
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, 160.5; and
Department of Homeland Security Delegation
No. 0170.1.
2. Add a temporary § 165.T07–0056 to
read as follows:
■
§ 165.T07–0056 Safety Zone; Charleston
Race Week, Charleston Harbor, Charleston,
SC.
(a) Location. The rule consists of the
following four race areas.
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9251
(1) Race Area #1. All waters of the
Charleston Harbor encompassed within
a 700 yard radius of position 32°46′10″
N, 079°55′15″ W.
(2) Race Area #2. All waters of the
Charleston Harbor encompassed within
a 700 yard radius of position 32°46′02″
N, 079°54′15″ W.
(3) Race Area #3. All waters of the
Charleston Harbor encompassed within
a 700 yard radius of position 32°45′55″
N, 079°53′39″ W.
(4) Race Area #4. All waters of the
Charleston Harbor encompassed within
a 600 yard radius of position 32°47′40″
N, 079°55′10″ W.
(5) Race Area #5. All waters of the
Charleston Harbor and Entrance
Channel encompassed within a 500 yard
radius of position 32°45′34″ N,
79°52′09″ W continuing to Charleston
Entrance Channel Buoys Green 11 (LLN
2395.5) and Red 12 (LLN 2400).
(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 9 a.m. until 5 p.m., on
April 12, 2018, through April 15, 2018.
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Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules
MM Mile Marker
NPRM Notice of Proposed Rulemaking
PATCOM Patrol Commander
§ Section
U.S.C. United States Code
Dated: February 27, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2018–04366 Filed 3–2–18; 8:45 am]
II. Background, Purpose, and Legal
Basis
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0015]
RIN 1625–AA08
Safety Zone; Black Warrior River,
Tuscaloosa, AL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone for all
navigable waters of the Black Warrior
River, extending the entire width of the
river between Mile Marker (MM) 335.0
and MM 337.0 in Tuscaloosa, AL. The
proposed rulemaking is necessary to
provide for the safety of life and
property on these navigable waters
during the Tuscaloosa Air Show. This
proposed rulemaking would prohibit
persons and vessels from entering the
safety zone unless specifically
authorized by the Captain of the Port
Sector Mobile (COTP) or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 4, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0015 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email LT Kyle D.
Berry, Sector Mobile, Waterways
Management Division, U.S. Coast
Guard; telephone 251–441–5940, email
Kyle.D.Berry@uscg.mil.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with PROPOSALS
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Mobile
DHS Department of Homeland Security
FR Federal Register
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Jkt 244001
On November 30, 2017, the sponsor
for the Tuscaloosa Air Show submitted
an application for a marine event permit
for the Tuscaloosa Air Show that will
take place every day from 10 a.m.
through 5 p.m. from April 12, 2018
through April 15, 2018. The air show
will consist of various flight
demonstrations over the Black Warrior
River between Mile Marker (MM) 335.0
and MM 337.0 in Tuscaloosa, AL. Over
the years, there have been unfortunate
instances of aircraft mishaps that
involve crashing during performances at
various air shows around the world.
Occasionally, these incidents result in a
wide area of scattered debris in the
water that can damage property or cause
significant injury or death to the public
observing the air shows. The Captain of
the Port Sector Mobile (COTP) has
determined a safety zone is necessary to
protect the general public from hazards
associated with aerial flight
demonstrations.
The purpose of this proposed
rulemaking is to ensure the safety of
vessels and persons during the air show
on the navigable waters of the Black
Warrior River between MM 335.0 and
337.0 in Tuscaloosa, AL. The Coast
Guard proposes this rulemaking under
authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish
a temporary safety zone on the Black
Warrior River, extending the entire
width of the river between MM 335.0
and 337.5 in Tuscaloosa, AL every day
from 10 a.m. through 5 p.m. from April
12, 2018 through April 15, 2018. The
proposed rulemaking is needed to
provide for the safety of life and
property on these navigable waters
during the Tuscaloosa Air Show. This
proposed rulemaking restricts transit
into, through, and within the zone
unless specifically authorized by the
COTP. No vessel or person would be
permitted to enter the zone without
obtaining permission from the COTP or
a designated representative. A
designated representative may be a
Patrol Commander (PATCOM). The
PATCOM would be aboard either a
Coast Guard or Coast Guard Auxiliary
vessel. The PATCOM may be contacted
on Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’. All persons
and vessels not registered with the
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Sfmt 4702
sponsor as participants or official patrol
vessels are considered spectators. The
‘‘official patrol vessels’’ consist of any
Coast Guard, state, or local law
enforcement and sponsor provided
vessels assigned or approved by the
COTP to patrol the zone.
Spectator vessels desiring to transit
the zone may do so only with prior
approval of the PATCOM and when so
directed by that officer would be
operated at a minimum safe navigation
speed in a manner which will not
endanger any other vessels. No spectator
vessel shall anchor, block, loiter, or
impede the through transit of official
patrol vessels in the zone during the
effective dates and times, unless cleared
for entry by or through an official patrol
vessel. Any spectator vessel may anchor
outside the zone, but may not anchor in,
block, or loiter in a navigable channel.
Spectator vessels may be moored to a
waterfront facility within the zone in
such a way that they shall not interfere
with the progress of the air show. Such
mooring must be complete at least 30
minutes prior to the establishment of
the zone and remain moored through
the duration of the air show.
The COTP or a designated
representative may forbid and control
the movement of all vessels in the zone.
When hailed or signaled by an official
patrol vessel, a vessel shall come to an
immediate stop and comply with the
directions given. Failure to do so may
result in expulsion from the zone,
citation for failure to comply, or both.
The COTP or a designated
representative may terminate the
operation of any vessel at any time it is
deemed necessary for the protection of
life or property. The COTP or a
designated representative would
terminate enforcement of the safety zone
at the conclusion of the air show.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 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 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
E:\FR\FM\05MRP1.SGM
05MRP1
]]>Agencies
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Proposed Rules]
[Pages 9249-9252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04366]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0056]
RIN 1625-AA00
Safety Zone; Charleston Race Week, Charleston Harbor, Charleston,
SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the waters of the Charleston Harbor in Charleston, South Carolina
during Charleston Race Week. Charleston Race Week is a series of sail
boat races throughout Charleston Harbor. The safety zone is necessary
to ensure the safety of participants, spectators, and the general
public during the event. This regulation prohibits persons and vessels
from entering, transiting through, anchoring in, or remaining within
the safety zones unless authorized by the Captain of the Port
Charleston or a designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before March 20, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0056 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the
[[Page 9250]]
SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Justin Heck, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email [email protected].
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, Purpose, and Legal Basis
On January 14, 2018, the Charleston Ocean Racing Association
notified the Coast Guard that it will be sponsoring a series of
sailboat races from 9 a.m. until 5 p.m., on April 12, 2018 through
April 15, 2018. The purpose of the rule is to ensure the safety of the
event participants, the general public, vessels and the navigable
waters during Charleston Race Week.
The Coast Guard is requesting that interested parties provide
comments within a shortened comment period of 15 days instead of a
standard 30 days for this notice of proposed rulemaking. The Coast
Guard believes a shortened comment period is necessary and reasonable
because the safety zone is necessary to ensure the safety of event
participants, the general public, vessels and these navigable waters
during the race. Any delay in making this final rule effective by
allowing comments for more than 15 days would not be in the best
interest of public safety.
The legal basis for the proposed rule is the Coast Guard's
authority to establish regulated safety zones and other limited access
areas is 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish a safety zone on the waters
of the Charleston Harbor in Charleston, South Carolina during
Charleston Race Week. The races are scheduled to take place from 9 a.m.
to 5 p.m., on April 12, 2018, through April 15, 2018. Approximately 250
sailboats are anticipated to participate in the races, and
approximately 30 spectator vessels are expected to attend the event.
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.
IV. Regulatory Analyses
We developed this proposed 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.
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 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on: (1) 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 (2) 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 certifies under 5 U.S.C. 605(b) that this
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or
[[Page 9251]]
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
proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, which guides the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination 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 proposed rule
involves a safety zone that will prohibit persons and vessels from
entering, transiting through, anchoring in, or remaining within a
limited area on the waters of the Charleston Harbor. Normally such
actions are categorically excluded from further review under paragraph
L60 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. A preliminary Record of Environmental Consideration supporting
this determination is 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 proposed
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
to amend 33 CFR part 165 as follows:
PART 165--SAFETY OF LIFE ON NAVIGABLE WATERS
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, 160.5; and Department of Homeland Security Delegation No.
0170.1.
0
2. Add a temporary Sec. 165.T07-0056 to read as follows:
Sec. 165.T07-0056 Safety Zone; Charleston Race Week, Charleston
Harbor, Charleston, SC.
(a) Location. The rule consists of the following four race areas.
(1) Race Area #1. All waters of the Charleston Harbor encompassed
within a 700 yard radius of position 32[deg]46'10'' N, 079[deg]55'15''
W.
(2) Race Area #2. All waters of the Charleston Harbor encompassed
within a 700 yard radius of position 32[deg]46'02'' N, 079[deg]54'15''
W.
(3) Race Area #3. All waters of the Charleston Harbor encompassed
within a 700 yard radius of position 32[deg]45'55'' N, 079[deg]53'39''
W.
(4) Race Area #4. All waters of the Charleston Harbor encompassed
within a 600 yard radius of position 32[deg]47'40'' N, 079[deg]55'10''
W.
(5) Race Area #5. All waters of the Charleston Harbor and Entrance
Channel encompassed within a 500 yard radius of position 32[deg]45'34''
N, 79[deg]52'09'' W continuing to Charleston Entrance Channel Buoys
Green 11 (LLN 2395.5) and Red 12 (LLN 2400).
(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 9 a.m.
until 5 p.m., on April 12, 2018, through April 15, 2018.
[[Page 9252]]
Dated: February 27, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2018-04366 Filed 3-2-18; 8:45 am]
BILLING CODE 9110-04-P
