Safety Zone, Swim Around Charleston; Charleston, SC, 29719-29721 [2018-13679]
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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules
MSHA to determine non-regulatory
initiatives the Agency should explore.
Authority: 30 U.S.C. 811, 813(h).
David G. Zatezalo,
Assistant Secretary of Labor for Mine Safety
and Health.
[FR Doc. 2018–13603 Filed 6–25–18; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0598]
RIN 1625–AA00
Safety Zone, Swim Around Charleston;
Charleston, SC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary moving safety
zone during the Swim Around
Charleston, a swimming race occurring
on the Wando River, the Cooper River,
Charleston Harbor, and the Ashley
River, in Charleston, South Carolina.
The temporary moving safety zone is
necessary to protect swimmers,
participant vessels, spectators, and the
general public during the event. Persons
and vessels would be prohibited from
entering 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 July 26, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0598 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 Lieutenant
Justin Heck, Sector Charleston Office of
Waterways Management, Coast Guard;
telephone (843) 740–3184, email
Justin.C.Heck@uscg.mil.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with PROPOSALS
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR
Code of Federal Regulations
VerDate Sep<11>2014
16:21 Jun 25, 2018
Jkt 244001
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
COTP Captain of the Port
II. Background, Purpose, and Legal
Basis
On April 9, 2018, Kathleen Wilson
notified the Coast Guard that she will be
sponsoring the Swim Around
Charleston on September 16, 2018 and
would impact waters of the Wando
River, Cooper River, Charleston Harbor,
and Ashley River, in Charleston, South
Carolina. The legal basis for the
proposed rule is the Coast Guard’s
authority to establish a safety zone is 33
U.S.C. 1231. The purpose of the
proposed rule is to ensure safety of life
on the navigable waters of the Wando
River, Cooper River, Charleston Harbor,
and Ashley River, in Charleston, South
Carolina during Swim Around
Charleston.
III. Discussion of Proposed Rule
The COTP proposes to establish a
temporary safety zone on the waters of
the Wando River, Cooper River,
Charleston Harbor, and Ashley River, in
Charleston, South Carolina during Swim
Around Charleston from 7:45 a.m. to 2
p.m. on September 16, 2018.
Approximately 100 swimmers are
anticipated to participate in the race.
Persons and vessels desiring to enter,
transit through, anchor in, or remain
within the regulated area may contact
the 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 COTP 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 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
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29719
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) The safety zone would
be enforced for only seven hours; (2) the
safety zone would move with the
participant vessels so that once the
swimmers clear a portion of the
waterway, the safety zone would no
longer be enforced in that portion of the
waterway; (3) although persons and
vessels would not be able to enter or
transit through the safety zone without
authorization from the COTP or a
designated representative, they would
be able to operate in the surrounding
area during the enforcement period; (4)
persons and vessels would still be able
to enter or transit through the safety
zone if authorized by the COTP or a
designated representative; and (5) the
COTP would 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.
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.
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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules
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.
sradovich on DSK3GMQ082PROD with PROPOSALS
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
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
VerDate Sep<11>2014
16:21 Jun 25, 2018
Jkt 244001
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
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 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 lasting less than
seven hours that would prohibit entry
within the safety zone. 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.
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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—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T07–0598 to read as
follows:
■
§ 100.T07–0598 Safety Zone; Swim Around
Charleston, Charleston, SC.
(a) Regulated area. The following
regulated area is a moving safety zone:
All waters 50 yards in front of the lead
safety vessel preceding the first race
participants, 50 yards behind the safety
vessel trailing the last race participants,
and at all times extend 100 yards on
either side of safety vessels. The Swim
Around Charleston swimming race
consists of a 12 mile course that starts
at Remley’s Point on the Wando River
in approximate position 32°48′49″ N,
79°54′27″ W, crosses the main shipping
channel under the main span of the
Ravenel Bridge, and finishes at the I–
526 bridge and boat landing on the
Ashley River in approximate position
32°50′14″ N, 80°01′23″ W. All
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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules
coordinates are North American Datum
1983.
(b) Definition. 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 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 the Swim Around Charleston, or
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 on September 16, 2018 from
7:45 a.m. until 2 p.m.
Dated: June 20, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2018–13679 Filed 6–25–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0427]
sradovich on DSK3GMQ082PROD with PROPOSALS
RIN 1625–AA00
Safety Zone; USA Triathlon Age Group
National Championships Lake Erie,
Cleveland, OH
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone for
certain waters of Lake Erie during the
SUMMARY:
VerDate Sep<11>2014
17:16 Jun 25, 2018
Jkt 244001
USA Triathlon National
Championships. This action is
necessary to provide for the safety of life
on these navigable waters near
Edgewater Park, Cleveland, OH, during
the swim events during the multiple
triathlons over the course of three days.
This proposed rulemaking would
prohibit persons and vessels from being
in the safety zone unless authorized by
the Captain of the Port Buffalo 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 July 26, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0427 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 LT Michael
Collet, Chief of Waterways Management,
U.S. Coast Guard Sector Buffalo;
telephone 716–843–9322, email D09SMB-SECBuffalo-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On November 29, 2017, USA
Triathlon notified the Coast Guard that
it will be conducting the USA Triathlon
Age Group National Championships
from 10:00 a.m. to 1:30 p.m. on August
10, 2018, from 5:00 a.m. to 5:30 p.m. on
August 11, 2018, and from 5:00 a.m. to
12:00 p.m. on August 12, 2018. The
swim portion of the multiple triathlon
events will be held off Edgewater Park
in Lake Erie, Cleveland, OH. Hazards
from swim events include participants
swimming in an area that has a high
amount of recreational traffic and
interfering with vessels intending to
operate in that location, as well as
swimming within approaches to public
and private marinas. The Captain of the
Port Buffalo (COTP) has determined that
potential hazards associated with the
swim events would be a safety concern
for anyone intending to participate in
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29721
this event or for vessels that operate in
their vicinity.
The purpose of this rulemaking is to
ensure the safety of the event
participants and transiting vessels on
specified waters of Lake Erie before,
during and after the scheduled event.
The Coast Guard proposes this
rulemaking under authority in 33 U.S.C.
1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a
temporary safety zone from 10:00 a.m.
to 1:30 p.m. on August 10, 2018, from
5:00 a.m. to 5:30 p.m. on August 11,
2018, and from 5:00 a.m. to 12:00 p.m.
on August 12, 2018. The safety zone
will cover all navigable waters of Lake
Erie, off of Edgewater Park, Cleveland
OH, inside an area starting on shore at
position 41°29′16″ N, 081°44′49″ W then
Northwest to 41°29′34″ N, 081°45′02″ W
then Northeast to 41°29′43″ N,
081°44′31″ W, then Southeast back to
shore at position 41°29′28″ N,
081°44′22″ (NAD 83). The duration of
the zone is intended to ensure the safety
of vessels and these navigable waters
before, during, and after the schedule
events over the course of the three days.
No vessel or person would be permitted
to enter the safety zone without
obtaining permission from the COTP or
a designated representative. 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
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 the size, location, duration,
and time-of-day of the safety zone.
Moreover, the Coast Guard would issue
E:\FR\FM\26JNP1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Proposed Rules]
[Pages 29719-29721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13679]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0598]
RIN 1625-AA00
Safety Zone, Swim Around Charleston; Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary moving
safety zone during the Swim Around Charleston, a swimming race
occurring on the Wando River, the Cooper River, Charleston Harbor, and
the Ashley River, in Charleston, South Carolina. The temporary moving
safety zone is necessary to protect swimmers, participant vessels,
spectators, and the general public during the event. Persons and
vessels would be prohibited from entering 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 July 26, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0598 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
II. Background, Purpose, and Legal Basis
On April 9, 2018, Kathleen Wilson notified the Coast Guard that she
will be sponsoring the Swim Around Charleston on September 16, 2018 and
would impact waters of the Wando River, Cooper River, Charleston
Harbor, and Ashley River, in Charleston, South Carolina. The legal
basis for the proposed rule is the Coast Guard's authority to establish
a safety zone is 33 U.S.C. 1231. The purpose of the proposed rule is to
ensure safety of life on the navigable waters of the Wando River,
Cooper River, Charleston Harbor, and Ashley River, in Charleston, South
Carolina during Swim Around Charleston.
III. Discussion of Proposed Rule
The COTP proposes to establish a temporary safety zone on the
waters of the Wando River, Cooper River, Charleston Harbor, and Ashley
River, in Charleston, South Carolina during Swim Around Charleston from
7:45 a.m. to 2 p.m. on September 16, 2018. Approximately 100 swimmers
are anticipated to participate in the race. Persons and vessels
desiring to enter, transit through, anchor in, or remain within the
regulated area may contact the 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 COTP 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 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.
This regulatory action determination is based on: (1) The safety
zone would be enforced for only seven hours; (2) the safety zone would
move with the participant vessels so that once the swimmers clear a
portion of the waterway, the safety zone would no longer be enforced in
that portion of the waterway; (3) although persons and vessels would
not be able to enter or transit through the safety zone without
authorization from the COTP or a designated representative, they would
be able to operate in the surrounding area during the enforcement
period; (4) persons and vessels would still be able to enter or transit
through the safety zone if authorized by the COTP or a designated
representative; and (5) the COTP would 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.
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.
[[Page 29720]]
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 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 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 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 lasting less than seven hours that would prohibit entry within the
safety zone. 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--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T07-0598 to read as follows:
Sec. 100.T07-0598 Safety Zone; Swim Around Charleston, Charleston,
SC.
(a) Regulated area. The following regulated area is a moving safety
zone: All waters 50 yards in front of the lead safety vessel preceding
the first race participants, 50 yards behind the safety vessel trailing
the last race participants, and at all times extend 100 yards on either
side of safety vessels. The Swim Around Charleston swimming race
consists of a 12 mile course that starts at Remley's Point on the Wando
River in approximate position 32[deg]48'49'' N, 79[deg]54'27'' W,
crosses the main shipping channel under the main span of the Ravenel
Bridge, and finishes at the I-526 bridge and boat landing on the Ashley
River in approximate position 32[deg]50'14'' N, 80[deg]01'23'' W. All
[[Page 29721]]
coordinates are North American Datum 1983.
(b) Definition. 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 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 the Swim
Around Charleston, or 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 on September 16,
2018 from 7:45 a.m. until 2 p.m.
Dated: June 20, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2018-13679 Filed 6-25-18; 8:45 am]
BILLING CODE 9110-04-P
