Safety Zone; Xterra Swim, Intracoastal Waterway; Myrtle Beach, SC, 9247-9249 [2018-04368]
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Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules
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:
sradovich on DSK3GMQ082PROD with PROPOSALS
■
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.
points: beginning at 32°48′32″ N,
079°56′08″ W, thence east to 32°48′20″
N, 079°54′20″ W, thence south to
32°47′20″ N, 079°54′29″ W, thence west
to 32°47′20″ N, 079°55′28″ W, thence
north to origin. 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, 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
proposed rule will be enforced from
7:30 a.m. until 10:30 a.m. on April 7,
2018.
Dated: February 27, 2018.
John W. Reed,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
33 CFR Part 165
[Docket Number USCG–2018–0081]
RIN 1625–AA00
Safety Zone; Xterra Swim, Intracoastal
Waterway; Myrtle Beach, SC
AGENCY:
ACTION:
Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard proposes to
establish a temporary safety zone on
certain waters of the Atlantic
Intracoastal Waterway in Myrtle Beach,
South Carolina. This proposed safety
zone is necessary to provide for the
safety of the swimmers, participant
vessels, spectators, and the general
public during the swim portion of the
Xterra Triathlon. This rule is intended
to prohibit non-participant vessels and
persons 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. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before April 4, 2018.
DATES:
You may submit comments
identified by docket number USCG–
2018–0081 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.
ADDRESSES:
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.
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 9110–04–P
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
§ 165.T07–0032 Safety Zone; Cooper River
Bridge Run, Charleston SC.
(a) Location. All waters of the Cooper
River, and Town Creek Reaches
encompassed within the following
Jkt 244001
Coast Guard
SUPPLEMENTARY INFORMATION:
2. Add a temporary § 165.35T07–0032
to read as follows:
19:33 Mar 02, 2018
DEPARTMENT OF HOMELAND
SECURITY
[FR Doc. 2018–04367 Filed 3–2–18; 8:45 am]
■
VerDate Sep<11>2014
9247
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9248
Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules
II. Background, Purpose, and Legal
Basis
On January 22, 2018, Go Race
Productions notified the Coast Guard
that it would be sponsoring the Xterra
Myrtle Beach Triathlon from 8 a.m. to
9 a.m. on April 22, 2018. Approximately
75 swimmers are anticipated to
participate in the swim portion of the
event, which is located on certain
waters of the Atlantic Intracoastal
Waterway in Myrtle Beach, South
Carolina. The Captain of the Port
Charleston (COTP) has determined that
the potential hazards associated with
the swim portion of the Triathlon
constitute a safety concern for anyone
within the proposed safety zone. The
purpose of this rulemaking is to ensure
safety of life on the navigable water of
the United States during the event. 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 Atlantic
Intracoastal Waterway in Myrtle Beach,
South Carolina during the Xterra Myrtle
Beach Triathlon, on April 22, 2018. The
duration of the safety zone is intended
to ensure the safety of life on the
navigable waters of the Intracoastal
before, during, and after the scheduled
8 a.m. to 9 a.m. swim portion of the
Triathlon. Approximately 75
participants are expected to participate
in the swim portion of the race. No
vessel or person would be permitted to
enter, transit through, anchor in, or
remain within the safety zone without
obtaining permission from 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 onscene designated representatives. The
proposed regulatory text appears at the
end of this document.
sradovich on DSK3GMQ082PROD with PROPOSALS
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
VerDate Sep<11>2014
16:41 Mar 02, 2018
Jkt 244001
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.
The economic impact of this rule is
not significant for the following reasons:
(1) The safety zone will only be
enforced for one hour; (2) although
persons and vessels may not enter,
transit through, anchor in, or remain
within the safety zone without
authorization from the Captain of the
Port Charleston or a designated
representative, they may operate in the
surrounding area during the
enforcement period; 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’’ comprised of small
businesses and 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.
We have considered the impact of this
proposed rule on small entities. This
rule may affect the following entities,
some of which may be small entities:
The owner or operators of vessels
intending to enter, transit through,
anchor in, or remain within the
regulated area during the enforcement
period. For the reasons stated in section
IV.A. above, this proposed rule would
not have a significant economic impact
on a substantial number of small
entities.
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,
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
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 E.O. 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
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 above.
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 Management Directive 023–01,
E:\FR\FM\05MRP1.SGM
05MRP1
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:
E:\FR\FM\05MRP1.SGM
05MRP1
Agencies
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Proposed Rules]
[Pages 9247-9249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04368]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0081]
RIN 1625-AA00
Safety Zone; Xterra Swim, Intracoastal Waterway; Myrtle Beach, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on certain waters of the Atlantic Intracoastal Waterway in Myrtle
Beach, South Carolina. This proposed safety zone is necessary to
provide for the safety of the swimmers, participant vessels,
spectators, and the general public during the swim portion of the
Xterra Triathlon. This rule is intended to prohibit non-participant
vessels and persons 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. 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-
2018-0081 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.
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
[[Page 9248]]
II. Background, Purpose, and Legal Basis
On January 22, 2018, Go Race Productions notified the Coast Guard
that it would be sponsoring the Xterra Myrtle Beach Triathlon from 8
a.m. to 9 a.m. on April 22, 2018. Approximately 75 swimmers are
anticipated to participate in the swim portion of the event, which is
located on certain waters of the Atlantic Intracoastal Waterway in
Myrtle Beach, South Carolina. The Captain of the Port Charleston (COTP)
has determined that the potential hazards associated with the swim
portion of the Triathlon constitute a safety concern for anyone within
the proposed safety zone. The purpose of this rulemaking is to ensure
safety of life on the navigable water of the United States during the
event. 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 Atlantic Intracoastal Waterway in Myrtle Beach, South Carolina
during the Xterra Myrtle Beach Triathlon, on April 22, 2018. The
duration of the safety zone is intended to ensure the safety of life on
the navigable waters of the Intracoastal before, during, and after the
scheduled 8 a.m. to 9 a.m. swim portion of the Triathlon. Approximately
75 participants are expected to participate in the swim portion of the
race. No vessel or person would be permitted to enter, transit through,
anchor in, or remain within the safety zone without obtaining
permission from 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. The proposed regulatory text 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 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.
The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will only be enforced for one
hour; (2) although persons and vessels may not enter, transit through,
anchor in, or remain within the safety zone without authorization from
the Captain of the Port Charleston or a designated representative, they
may operate in the surrounding area during the enforcement period; 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'' comprised of small businesses and
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.
We have considered the impact of this proposed rule on small
entities. This rule may affect the following entities, some of which
may be small entities: The owner or operators of vessels intending to
enter, transit through, anchor in, or remain within the regulated area
during the enforcement period. For the reasons stated in section IV.A.
above, this proposed rule would not have a significant economic impact
on a substantial number of small entities.
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 E.O. 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 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 above.
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 Management Directive 023-01,
[[Page 9249]]
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.
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. T07-0081 to read as follows:
Sec. 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[deg]45'03'' N, 78[deg]50'47'' W to
33[deg]45'18'' N, 78[deg]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 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