Special Local Regulations; Low Country Splash, Charleston, SC, 21699-21701 [2019-10041]
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21699
Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Rules and Regulations
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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
[FR Doc. 2019–09748 Filed 5–14–19; 8:45 am]
BILLING CODE 7709–02–P
II. Background Information and
Regulatory History
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2019–0271]
RIN 1625–AA08
Special Local Regulations; Low
Country Splash, Charleston, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation on
the waters of the Wando River, Cooper
River, and Charleston Harbor in
Charleston, SC. This action is necessary
to provide for the safety of life on
navigable waters during the Low
Country Splash Swim on June 1, 2019.
This rulemaking would restrict persons
and vessels from entering certain waters
of the Wando River, Cooper River, and
Charleston Harbor, unless authorized by
Sector Charleston Captain of the Port or
a designated representative.
DATES: This rule is effective on June 1,
2019 from 7 a.m. to 10 a.m.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0271 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Justin Heck, Sector
Charleston Waterways Management
Division, Coast Guard; telephone (843)
740–3184, email Justin.C.Heck@
uscg.mil.
jbell on DSK3GLQ082PROD with RULES
SUMMARY:
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:49 May 14, 2019
Jkt 247001
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. The Coast Guard did not
receive necessary information from the
event sponsor with enough time to
publish a NPRM. Additionally, the
Coast Guard has published a special
local regulation for this event in 33 CFR
100.701, Table to § 100.701, Section (g)
Line 2; however, the existing special
location regulation is dated for the first
week of May.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because the event is taking place on
June 1, 2019 and immediate action is
needed to respond to the potential
safety hazards associated with this
event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041
(previously 33 U.S.C. 1233). The
Captain of the Port Charleston (COTP)
has determined that potential hazards
associated with the Low Country Splash
Open Swim event present a safety
concern for anyone in the vicinity of the
regulated area during the event. This
rule is needed to protect participants,
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n2
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7
8
spectators, and the general public in the
navigable waters within the regulated
area during the Low Country Splash
Open Swim event.
IV. Discussion of the Rule
This rule establishes a special local
regulation from 7 a.m. to 10 a.m. on
June 1, 2019. The special local
regulation would cover all navigable
waters within a moving zone, beginning
at Daniel Island Pier, then moving south
along the coast of Daniel Island, then
across the Wando River to Hobcaw
Yacht Club, then south along the coast
of Mt. Pleasant, S.C., to Charleston
Harbor Resort Marina. The duration of
the special local regulation is intended
to ensure the safety of participants,
spectators, vessels and these navigable
waters before, during, and after the
scheduled event. No vessel or person
will be permitted to enter the regulated
area without obtaining permission from
the COTP or a designated
representative. The regulatory text we
are proposing appears at the end of this
document.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 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 rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule 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) Non-participant persons
and vessels may enter, transit through,
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15MYR1
21700
Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Rules and Regulations
jbell on DSK3GLQ082PROD with RULES
anchor in, or remain within the
regulated area during the enforcement
periods if authorized by the COTP or a
designated representative; (2) vessels
not able to enter, transit through, anchor
in, or remain within the regulated area
without authorization from the COTP or
a designated representative may operate
in the surrounding areas during the
enforcement period; (3) the Coast Guard
will provide advance notification of the
special local regulation to the local
maritime community by Local Notice to
Mariners and Broadcast Notice to
Mariners; and (4) the regulated area will
impact small designated areas of Wando
River, Cooper River, and Charleston
Harbor for only 3 hours and thus is
limited in time and scope.
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 rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the special
local regulation area may be small
entities, for the reasons stated in V.A.
above, this rule will 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 rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
VerDate Sep<11>2014
16:32 May 14, 2019
Jkt 247001
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this proposed rule or any policy
or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule a special local
regulation lasting 3 hours, restricting
persons and vessels from entering
certain waters of the Wando River,
Cooper River, and Charleston Harbor. It
is categorically excluded from further
review under paragraph L61 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.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T07–0271 to read as
follows:
■
§ 100.T07–0271 Special Local Regulation;
Low Country Splash, Charleston, SC.
(a) Location. This section establishes
a temporary special local regulation. All
waters within a moving zone, beginning
at Daniel Island Pier in approximate
position 32°51′20″ N, 079°54′06″ W,
south along the coast of Daniel Island,
across the Wando River to Hobcaw
Yacht Club, in approximate position
32°49′20″ N, 079°53′49″ W, south along
the coast of Mt. Pleasant, S.C., to
Charleston Harbor Resort Marina, in
E:\FR\FM\15MYR1.SGM
15MYR1
Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Rules and Regulations
approximate position 32°47′20″ N,
079°54′39″ W.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, other
officers operating Coast Guard vessels,
and Federal, state, and local officers
designated by or assisting the Captain of
the Port (COTP) 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 COTP
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 COTP 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 COTP
Charleston or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP 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 section
will be enforced from 7 a.m. until 10
a.m. on June 1, 2019.
Dated: May 9, 2019.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the
Port, Charleston.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0283]
RIN 1625–AA00
jbell on DSK3GLQ082PROD with RULES
Safety Zone; Fireworks Displays, Little
Egg Harbor, Beach Haven, NJ
Coast Guard, DHS.
Interim final rule and request
for comments.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
16:32 May 14, 2019
Jkt 247001
Effective date: This rule is effective
from 8:30 p.m. on May 18, 2019,
through 9:30 p.m. on October 12, 2019.
Comment date: Comments and related
material must be received by the Coast
Guard on or before June 14, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0283 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
You may submit comments identified
by docket number USCG–2019–0283
using the Federal eRulemaking Portal at
https://www.regulations.gov. See the
‘‘Public Participation and Request for
Comments’’ portion for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Thomas Welker, U.S.
Coast Guard, Sector Delaware Bay,
Waterways Management Division;
telephone 215–271–4814, email
Thomas.j.welker@uscg.mil.
SUPPLEMENTARY INFORMATION:
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
BILLING CODE 9110–04–P
VerDate Sep<11>2014
DATES:
I. Table of Abbreviations
[FR Doc. 2019–10041 Filed 5–14–19; 8:45 am]
SUMMARY:
a portion of Little Egg Harbor in Beach
Haven, NJ. This action is necessary to
protect the surrounding public and
vessels on these navigable waters during
a series of fireworks displays on the
following dates: May 18, May 25, June
1, June 7, July 20, July 27, August 10,
September 1, October 5, and October 12,
2019. This regulation prohibits persons
and vessels from entering, transiting, or
remaining within the safety zone unless
authorized by the Captain of the Port
Delaware Bay or a designated
representative.
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
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Fmt 4700
Sfmt 4700
21701
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable and contrary to the public
interest to do so. There is insufficient
time to allow for a reasonable comment
period prior to the date of the first
events. The rule must be in force by
May 18, 2019. We are taking immediate
action to ensure the safety of spectators
and the general public from hazards
associated with the fireworks displays.
Hazards include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is needed to mitigate
the potential safety hazards associated
with a fireworks displays in this
location.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Delaware Bay
(COTP) has determined that potential
hazards associated with the fireworks
displays on the dates listed above will
be a safety concern for anyone within a
100 yard radius of the fireworks barge,
which will be anchored in approximate
position 39°34′09.32″ N, 074°14′31.67″
W. This rule is needed to protect
persons, vessels and the public within
the safety zone during the fireworks
displays.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone on the waters of Little Egg
Harbor in Beach Haven, NJ, during a
series of fireworks displays from a
barge. The events are scheduled to take
place at approximately 8:30 p.m. on
May 18, May 25, June 1, June 7, July 20,
July 27, August 10, September 1,
October 5, 2019, and October 12, 2019.
The safety zone will extend 100 yards
around the barge, which will be
anchored at approximate position
39°34′09.32″ N, 074°14′31.67″ W. No
person or vessel will be permitted to
enter, transit through, anchor in, or
remain within the safety zone without
obtaining permission from the COTP
Delaware Bay or a designated
representative. If authorization to enter,
transit through, anchor in, or remain
within the safety zone is granted by the
COTP Delaware Bay or a designated
representative, all persons and vessels
E:\FR\FM\15MYR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Rules and Regulations]
[Pages 21699-21701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10041]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0271]
RIN 1625-AA08
Special Local Regulations; Low Country Splash, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Wando River, Cooper River, and Charleston Harbor in
Charleston, SC. This action is necessary to provide for the safety of
life on navigable waters during the Low Country Splash Swim on June 1,
2019. This rulemaking would restrict persons and vessels from entering
certain waters of the Wando River, Cooper River, and Charleston Harbor,
unless authorized by Sector Charleston Captain of the Port or a
designated representative.
DATES: This rule is effective on June 1, 2019 from 7 a.m. to 10 a.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0271 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Justin Heck, Sector Charleston Waterways
Management Division, 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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
did not receive necessary information from the event sponsor with
enough time to publish a NPRM. Additionally, the Coast Guard has
published a special local regulation for this event in 33 CFR 100.701,
Table to Sec. 100.701, Section (g) Line 2; however, the existing
special location regulation is dated for the first week of May.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because the event is taking place on
June 1, 2019 and immediate action is needed to respond to the potential
safety hazards associated with this event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1233). The Captain of the Port Charleston
(COTP) has determined that potential hazards associated with the Low
Country Splash Open Swim event present a safety concern for anyone in
the vicinity of the regulated area during the event. This rule is
needed to protect participants, spectators, and the general public in
the navigable waters within the regulated area during the Low Country
Splash Open Swim event.
IV. Discussion of the Rule
This rule establishes a special local regulation from 7 a.m. to 10
a.m. on June 1, 2019. The special local regulation would cover all
navigable waters within a moving zone, beginning at Daniel Island Pier,
then moving south along the coast of Daniel Island, then across the
Wando River to Hobcaw Yacht Club, then south along the coast of Mt.
Pleasant, S.C., to Charleston Harbor Resort Marina. The duration of the
special local regulation is intended to ensure the safety of
participants, spectators, vessels and these navigable waters before,
during, and after the scheduled event. No vessel or person will be
permitted to enter the regulated area without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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) Non-
participant persons and vessels may enter, transit through,
[[Page 21700]]
anchor in, or remain within the regulated area during the enforcement
periods if authorized by the COTP or a designated representative; (2)
vessels not able to enter, transit through, anchor in, or remain within
the regulated area without authorization from the COTP or a designated
representative may operate in the surrounding areas during the
enforcement period; (3) the Coast Guard will provide advance
notification of the special local regulation to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners;
and (4) the regulated area will impact small designated areas of Wando
River, Cooper River, and Charleston Harbor for only 3 hours and thus is
limited in time and scope.
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 rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
special local regulation area may be small entities, for the reasons
stated in V.A. above, this rule will 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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule a special
local regulation lasting 3 hours, restricting persons and vessels from
entering certain waters of the Wando River, Cooper River, and
Charleston Harbor. It is categorically excluded from further review
under paragraph L61 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.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T07-0271 to read as follows:
Sec. 100.T07-0271 Special Local Regulation; Low Country Splash,
Charleston, SC.
(a) Location. This section establishes a temporary special local
regulation. All waters within a moving zone, beginning at Daniel Island
Pier in approximate position 32[deg]51'20'' N, 079[deg]54'06'' W, south
along the coast of Daniel Island, across the Wando River to Hobcaw
Yacht Club, in approximate position 32[deg]49'20'' N, 079[deg]53'49''
W, south along the coast of Mt. Pleasant, S.C., to Charleston Harbor
Resort Marina, in
[[Page 21701]]
approximate position 32[deg]47'20'' N, 079[deg]54'39'' W.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, other officers operating Coast Guard vessels, and Federal,
state, and local officers designated by or assisting the Captain of the
Port (COTP) 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 COTP 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 COTP 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 COTP Charleston or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the COTP 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 section will be enforced from 7 a.m.
until 10 a.m. on June 1, 2019.
Dated: May 9, 2019.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port, Charleston.
[FR Doc. 2019-10041 Filed 5-14-19; 8:45 am]
BILLING CODE 9110-04-P
