80_FR_11185 80 FR 11145 - Safety Zone; Xterra Swim, Myrtle Beach, SC

80 FR 11145 - Safety Zone; Xterra Swim, Myrtle Beach, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 40 (March 2, 2015)

Page Range11145-11148
FR Document2015-04287

The Coast Guard proposes to issue a temporary safety zone on the waters of the Intracoastal Waterway in Myrtle Beach, South Carolina. The Xterra Swim is scheduled to take place on Sunday, May 3, 2015. The temporary safety zone is necessary for the safety of the swimmers, participant vessels, spectators, and the general public during the event. The temporary safety zone will restrict vessel traffic in a portion of the Intracoastal Waterway, preventing non- participant vessels 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.

Federal Register, Volume 80 Issue 40 (Monday, March 2, 2015)
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Proposed Rules]
[Pages 11145-11148]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04287]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0019]
RIN 1625-AA00


Safety Zone; Xterra Swim, Myrtle Beach, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to issue a temporary safety zone on 
the waters of the Intracoastal Waterway in Myrtle Beach, South 
Carolina. The Xterra Swim is scheduled to take place on Sunday, May 3, 
2015. The temporary safety zone is necessary for the safety of the 
swimmers, participant vessels, spectators, and the general public 
during the event. The temporary safety zone will restrict vessel 
traffic in a portion of the Intracoastal Waterway, preventing non-
participant vessels 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.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 1, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:

[[Page 11146]]

    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Chief Warrant Officer Christopher Ruleman, Sector 
Charleston Office of Waterways Management, Coast Guard; telephone (843) 
740-3184, email [email protected]. If you have questions 
on viewing or submitting material to the docket, call Barbara Hairston, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2015-0019 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2015-0019 in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before April 3, 2015, using one of the methods 
specified under ADDRESSES. Please explain why you believe a public 
meeting would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 160.5; Public Law 107-295; 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to ensure safety of life on the 
navigable water of the United States during the Xterra Swim.

C. Discussion of Proposed Rule

    The Coast Guard is establishing a temporary safety zone on the 
waters of Intracoastal Waterway in Myrtle Beach, South Carolina during 
the Xterra Swim. The race is scheduled to take place, May 3, 2015 from 
7:30 a.m. to 8:30 a.m. The Xterra Swim race consists of a 1000 meter 
swim with approximately 150 swimmers. The race will begin a 1000 meters 
north of Battery Boat Ramp and end at the boat ramp. 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. The Coast Guard will provide notice of 
the temporary safety zone by Local Notice to Mariners, Broadcast Notice 
to Mariners, and on-scene designated representatives.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and

[[Page 11147]]

Budget has not reviewed it under those Orders.
    The economic impact of this proposed rule is not significant for 
the following reasons: (1) Non-participant persons and vessels may 
enter, transit through, anchor in, or remain within the regulated area 
during the enforcement periods if authorized by the Captain of the Port 
Charleston or a designated representative; (2) vessels not able to 
enter, transit through, anchor in, or remain within the regulated area 
without authorization from the Captain of the Port Charleston or a 
designated representative may operate in the surrounding areas during 
the enforcement period; and (3) the Coast Guard will provide advance 
notification of the temporary safety zone to the local maritime 
community by Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
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 discussed 
in Regulatory Planning and Review section above, this rule will 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.

3. Assistance for Small Entities

    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, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    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 
determined that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use . . .

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a temporary safety zone issued in conjunction with a 
regatta or marine parade. This rule is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


[[Page 11148]]


    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 a temporary Sec.  165.T07-0019 to read as follows:


Sec.  165.T07-0019  Safety Zone; Xterra Swim, Myrtle Beach, SC.

    (a) Regulated Area. The rule establishes special local regulations 
on certain waters of Intracoastal Waterway, Myrtle Beach, South 
Carolina. The special local regulations will be enforced from 7:30 a.m. 
until 8:30 a.m. on May 3, 2015. The special local regulations consist 
of the following two points of position and the North shore: 
33[deg]45.076 N, 78[deg]50.790 W to 33[deg]45.323 N, 78[deg]50.214 W.
    (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. 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.
    (2) 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) Effective Date. This rule is effective and will be enforced 
from 7:30 a.m. to 8:30 a.m. on Sunday, May 3, 2015.

    Dated: February 19, 2015.
B. D. Falk,
Commander, U.S. Coast Guard, Acting Captain of the Port Charleston.
[FR Doc. 2015-04287 Filed 2-27-15; 8:45 am]
BILLING CODE 9110-04-P



                                                                               Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Proposed Rules                                                  11145

                                                      comments and an outline of the topics                   3-calendar-month period ending with                   Bulletin (see § 601.601(d)(2)(ii) of this
                                                      to be discussed and the time to be                      the calendar month in which the change                chapter).
                                                      devoted to each topic by June 1, 2015.                  date occurs. For purposes of the                         (b) Adjustment factor. The adjustment
                                                      A period of 10 minutes will be allotted                 previous sentence, the adjusted Federal               factor is a percentage equal to—
                                                      to each person for making comments.                     long-term rate is the Federal long-term                  (1) The excess of 100 percent, over
                                                      An agenda showing the scheduling of                     rate determined under section 1274(d)                    (2) The product of—
                                                      the speakers will be prepared after the                 (without regard to paragraphs (2) and (3)                (i) 59 percent, and
                                                      deadline for receiving outlines has                     thereof), adjusted for differences                       (ii) The sum of the maximum rate in
                                                      passed. Copies of the agenda will be                    between rates on long-term taxable and                effect under section 1 applicable to
                                                      available free of charge at the hearing.                tax-exempt obligations. The Secretary                 individuals and the maximum rate in
                                                                                                              calculates the adjusted Federal long-                 effect under section 1411 applicable to
                                                      Drafting Information                                                                                          individuals for the month to which the
                                                                                                              term rate as provided in paragraph (b)
                                                        The principal authors of the proposed                 of this section. The Internal Revenue                 adjusted applicable Federal rate applies.
                                                      regulations are Jason G. Kurth, IRS                     Service publishes the long-term tax-                     (c) Effective/applicability date. The
                                                      Office of the Associate Chief Counsel                   exempt rate and the adjusted Federal                  rules of this section apply to the
                                                      (Financial Institutions and Products)                   long-term rate for each month in the                  determination of adjusted applicable
                                                      and William W. Burhop, IRS Office of                    Internal Revenue Bulletin (see                        Federal rates during calendar months
                                                      the Associate Chief Counsel (Corporate).                § 601.601(d)(2)(ii) of this chapter).                 beginning after the date of publication
                                                      However, other personnel from the                          (b) Adjusted Federal long-term rate.               of the Treasury decision adopting these
                                                      Treasury Department and the IRS                         The adjusted Federal long-term rate for               rules as final regulations in the Federal
                                                      participated in their development.                      a calendar month is the product of the                Register.
                                                      List of Subjects in 26 CFR Part 1                       Federal long-term rate determined                     John M. Dalrymple,
                                                                                                              under section 1274(d) for that month,                 Deputy Commissioner for Services and
                                                        Income taxes, Reporting and                           based on annual compounding,
                                                      recordkeeping requirements.                                                                                   Enforcement.
                                                                                                              multiplied by the adjustment factor                   [FR Doc. 2015–04213 Filed 2–27–15; 8:45 am]
                                                      Proposed Amendments to the                              described in paragraph (c) of this
                                                                                                                                                                    BILLING CODE 4830–01–P
                                                      Regulations                                             section.
                                                                                                                 (c) Adjustment factor. The adjustment
                                                        Accordingly, 26 CFR part 1 is
                                                                                                              factor is a percentage equal to—
                                                      proposed to be amended as follows:                                                                            DEPARTMENT OF HOMELAND
                                                                                                                 (1) The excess of 100 percent, over
                                                                                                                                                                    SECURITY
                                                      PART 1—INCOME TAXES                                        (2) The product of—
                                                                                                                 (i) 59 percent, and                                Coast Guard
                                                      ■ Paragraph 1. The authority citation                      (ii) The sum of the maximum rate in
                                                      for part 1 is amended by adding entries                 effect under section 1 applicable to                  33 CFR Part 165
                                                      in numerical order to read in part as                   individuals and the maximum rate in
                                                      follows:                                                                                                      [Docket Number USCG–2015–0019]
                                                                                                              effect under section 1411 applicable to
                                                          Authority: 26 U.S.C. 7805 * * *                     individuals for the month to which the                RIN 1625–AA00
                                                                                                              adjusted applicable Federal rate applies.
                                                        Section 1.382–12 also issued under 26                                                                       Safety Zone; Xterra Swim, Myrtle
                                                                                                                 (d) Effective/applicability date. The
                                                      U.S.C. 382(f) and 26 U.S.C. 382(m).                                                                           Beach, SC
                                                                                                              rules of this section apply to the
                                                      * * *
                                                                                                              determination of the long-term tax-                   AGENCY:   Coast Guard, DHS.
                                                        Section 1.1288–1 also issued under 26
                                                                                                              exempt rate and the adjusted Federal
                                                      U.S.C. 1288(b). * * *                                                                                         ACTION:   Notice of proposed rulemaking.
                                                                                                              long-term rate during calendar months
                                                      ■ Par. 2. Section 1.382–1 is amended by
                                                                                                              beginning after the date of publication               SUMMARY:   The Coast Guard proposes to
                                                      revising the introductory text and
                                                                                                              of the Treasury decision adopting these               issue a temporary safety zone on the
                                                      adding an entry for § 1.382–12 to read
                                                                                                              rules as final regulations in the Federal             waters of the Intracoastal Waterway in
                                                      as follows:
                                                                                                              Register.                                             Myrtle Beach, South Carolina. The
                                                      § 1.382–1   Table of contents.                          ■ Par. 4. Section 1.1288–1 is added to                Xterra Swim is scheduled to take place
                                                         This section lists the captions that                 read as follows:                                      on Sunday, May 3, 2015. The temporary
                                                      appear in the regulations for §§ 1.382–                 § 1.1288–1 Adjustment of applicable
                                                                                                                                                                    safety zone is necessary for the safety of
                                                      2 through 1.382–12.                                     Federal rate for tax-exempt obligations.              the swimmers, participant vessels,
                                                      *     *     *     *     *                                                                                     spectators, and the general public
                                                                                                                (a) In general. In applying section 483             during the event. The temporary safety
                                                      § 1.382–12 Determination of adjusted                    or section 1274 to a tax-exempt                       zone will restrict vessel traffic in a
                                                      Federal long-term rate.                                 obligation, the applicable Federal rate is            portion of the Intracoastal Waterway,
                                                        (a) In general.                                       adjusted to take into account the tax                 preventing non-participant vessels from
                                                        (b) Adjusted Federal long-term rate.                  exemption for interest on the obligation.             entering, transiting through, anchoring
                                                        (c) Adjustment factor.                                For each applicable Federal rate                      in, or remaining within the regulated
                                                        (d) Effective/applicability date.                     determined under section 1274(d), the                 area unless authorized by the Captain of
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                      ■ Par. 3. Section 1.382–12 is added to                  Secretary computes a corresponding                    the Port Charleston or a designated
                                                      read as follows:                                        adjusted applicable Federal rate by                   representative.
                                                                                                              multiplying the applicable Federal rate
                                                      § 1.382–12 Determination of adjusted                    by the adjustment factor described in                 DATES:  Comments and related material
                                                      Federal long-term rate.                                 paragraph (b) of this section. The                    must be received by the Coast Guard on
                                                        (a) In general. The long-term tax-                    Internal Revenue Service publishes the                or before April 1, 2015.
                                                      exempt rate for an ownership change is                  applicable Federal rates and the                      ADDRESSES: You may submit comments
                                                      the highest of the adjusted Federal long-               adjusted applicable Federal rates for                 identified by docket number using any
                                                      term rates in effect for any month in the               each month in the Internal Revenue                    one of the following methods:


                                                 VerDate Sep<11>2014   15:09 Feb 27, 2015   Jkt 235001   PO 00000   Frm 00006   Fmt 4702   Sfmt 4702   E:\FR\FM\02MRP1.SGM   02MRP1


                                                      11146                    Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Proposed Rules

                                                         (1) Federal eRulemaking Portal:                      that you include your name and a                      B. Basis and Purpose
                                                      http://www.regulations.gov.                             mailing address, an email address, or a                 The legal basis for this rule is the
                                                         (2) Fax: 202–493–2251.                               telephone number in the body of your                  Coast Guard’s authority to establish
                                                         (3) Mail or Delivery: Docket                         document so that we can contact you if                regulated navigation areas and other
                                                      Management Facility (M–30), U.S.                        we have questions regarding your                      limited access areas: 33 U.S.C. 1231; 46
                                                      Department of Transportation, West                      submission.                                           U.S.C. Chapter 701, 3306, 3703; 50
                                                      Building Ground Floor, Room W12–140,
                                                                                                                 To submit your comment online, go to               U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
                                                      1200 New Jersey Avenue SE.,                                                                                   160.5; Public Law 107–295; 116 Stat.
                                                                                                              http://www.regulations.gov, type the
                                                      Washington, DC 20590–0001. Deliveries                                                                         2064; Department of Homeland Security
                                                                                                              docket number USCG–2015–0019 in the
                                                      accepted between 9 a.m. and 5 p.m.,                                                                           Delegation No. 0170.1.
                                                                                                              ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
                                                      Monday through Friday, except federal                                                                           The purpose of the rule is to ensure
                                                                                                              Click on ‘‘Submit a Comment’’ on the
                                                      holidays. The telephone number is 202–                                                                        safety of life on the navigable water of
                                                                                                              line associated with this rulemaking.
                                                      366–9329.                                                                                                     the United States during the Xterra
                                                         See the ‘‘Public Participation and                      If you submit your comments by mail
                                                                                                                                                                    Swim.
                                                      Request for Comments’’ portion of the                   or hand delivery, submit them in an
                                                      SUPPLEMENTARY INFORMATION section                       unbound format, no larger than 81⁄2 by                C. Discussion of Proposed Rule
                                                      below for further instructions on                       11 inches, suitable for copying and                      The Coast Guard is establishing a
                                                      submitting comments. To avoid                           electronic filing. If you submit                      temporary safety zone on the waters of
                                                      duplication, please use only one of                     comments by mail and would like to                    Intracoastal Waterway in Myrtle Beach,
                                                      these three methods.                                    know that they reached the Facility,                  South Carolina during the Xterra Swim.
                                                      FOR FURTHER INFORMATION CONTACT: If                     please enclose a stamped, self-addressed              The race is scheduled to take place, May
                                                      you have questions on this rule, call or                postcard or envelope. We will consider                3, 2015 from 7:30 a.m. to 8:30 a.m. The
                                                      email Chief Warrant Officer Christopher                 all comments and material received                    Xterra Swim race consists of a 1000
                                                      Ruleman, Sector Charleston Office of                    during the comment period and may                     meter swim with approximately 150
                                                      Waterways Management, Coast Guard;                      change the rule based on your                         swimmers. The race will begin a 1000
                                                      telephone (843) 740–3184, email                         comments.                                             meters north of Battery Boat Ramp and
                                                      Christopher.L.Ruleman@uscg.mil. If you                  2. Viewing Comments and Documents                     end at the boat ramp. Persons and
                                                      have questions on viewing or submitting                                                                       vessels desiring to enter, transit through,
                                                      material to the docket, call Barbara                       To view comments, as well as                       anchor in, or remain within the
                                                      Hairston, Program Manager, Docket                       documents mentioned in this preamble                  regulated area may contact the Captain
                                                      Operations, telephone (202) 366–9826.                   as being available in the docket, go to               of the Port Charleston by telephone at
                                                      SUPPLEMENTARY INFORMATION:                              http://www.regulations.gov, type the                  (843) 740–7050, or a designated
                                                                                                              docket number USCG–2015–0019 in the                   representative via VHF radio on channel
                                                      Table of Acronyms                                       ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                  16, to request authorization. If
                                                      DHS Department of Homeland Security                     Click on Open Docket Folder on the line               authorization to enter, transit through,
                                                      FR Federal Register                                     associated with this rulemaking. You                  anchor in, or remain within the
                                                      NPRM Notice of Proposed Rulemaking                      may also visit the Docket Management                  regulated area is granted by the Captain
                                                      A. Public Participation and Request for                 Facility in Room W12–140 on the                       of the Port Charleston or a designated
                                                      Comments                                                ground floor of the Department of                     representative, all persons and vessels
                                                                                                              Transportation West Building, 1200                    receiving such authorization must
                                                        We encourage you to participate in                    New Jersey Avenue SE., Washington,                    comply with the instructions of the
                                                      this rulemaking by submitting                           DC 20590, between 9 a.m. and 5 p.m.,                  Captain of the Port Charleston or a
                                                      comments and related materials. All                     Monday through Friday, except Federal                 designated representative. The Coast
                                                      comments received will be posted                        holidays.                                             Guard will provide notice of the
                                                      without change to http://                                                                                     temporary safety zone by Local Notice
                                                      www.regulations.gov and will include                    3. Privacy Act                                        to Mariners, Broadcast Notice to
                                                      any personal information you have                                                                             Mariners, and on-scene designated
                                                      provided.                                                 Anyone can search the electronic
                                                                                                              form of comments received into any of                 representatives.
                                                      1. Submitting Comments                                  our dockets by the name of the                        D. Regulatory Analyses
                                                         If you submit a comment, please                      individual submitting the comment (or                   We developed this proposed rule after
                                                      include the docket number for this                      signing the comment, if submitted on                  considering numerous statutes and
                                                      rulemaking, indicate the specific section               behalf of an association, business, labor             executive orders related to rulemaking.
                                                      of this document to which each                          union, etc.). You may review a Privacy                Below we summarize our analyses
                                                      comment applies, and provide a reason                   Act notice regarding our public dockets               based on a number of these statutes or
                                                      for each suggestion or recommendation.                  in the January 17, 2008, issue of the                 executive orders.
                                                      You may submit your comments and                        Federal Register (73 FR 3316).
                                                      material online at http://                                                                                    1. Regulatory Planning and Review
                                                                                                              4. Public Meeting
                                                      www.regulations.gov, or by fax, mail, or                                                                         This proposed rule is not a significant
                                                      hand delivery, but please use only one                     We do not now plan to hold a public                regulatory action under section 3(f) of
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                                                      of these means. If you submit a                         meeting. But you may submit a request                 Executive Order 12866, Regulatory
                                                      comment online, it will be considered                   for one on or before April 3, 2015, using             Planning and Review, as supplemented
                                                      received by the Coast Guard when you                    one of the methods specified under                    by Executive Order 13563, Improving
                                                      successfully transmit the comment. If                   ADDRESSES. Please explain why you                     Regulation and Regulatory Review, and
                                                      you fax, hand deliver, or mail your                     believe a public meeting would be                     does not require an assessment of
                                                      comment, it will be considered as                       beneficial. If we determine that one                  potential costs and benefits under
                                                      having been received by the Coast                       would aid this rulemaking, we will hold               section 6(a)(3) of Executive Order 12866
                                                      Guard when it is received at the Docket                 one at a time and place announced by                  or under section 1 of Executive Order
                                                      Management Facility. We recommend                       a later notice in the Federal Register.               13563. The Office of Management and


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                                                                               Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Proposed Rules                                            11147

                                                      Budget has not reviewed it under those                  proposed rule or any policy or action of              10. Protection of Children From
                                                      Orders.                                                 the Coast Guard.                                      Environmental Health Risks
                                                        The economic impact of this proposed                                                                           We have analyzed this proposed rule
                                                                                                              4. Collection of Information
                                                      rule is not significant for the following                                                                     under Executive Order 13045,
                                                      reasons: (1) Non-participant persons and                  This proposed rule will not call for a              Protection of Children from
                                                      vessels may enter, transit through,                     new collection of information under the               Environmental Health Risks and Safety
                                                      anchor in, or remain within the                         Paperwork Reduction Act of 1995 (44                   Risks. This rule is not an economically
                                                      regulated area during the enforcement                   U.S.C. 3501–3520.).                                   significant rule and would not create an
                                                      periods if authorized by the Captain of                                                                       environmental risk to health or risk to
                                                      the Port Charleston or a designated                     5. Federalism
                                                                                                                                                                    safety that might disproportionately
                                                      representative; (2) vessels not able to                                                                       affect children.
                                                                                                                 A rule has implications for federalism
                                                      enter, transit through, anchor in, or
                                                      remain within the regulated area                        under Executive Order 13132,                          11. Indian Tribal Governments
                                                      without authorization from the Captain                  Federalism, if it has a substantial direct
                                                                                                              effect on the States, on the relationship                This proposed rule does not have
                                                      of the Port Charleston or a designated                                                                        tribal implications under Executive
                                                      representative may operate in the                       between the national government and
                                                                                                              the States, or on the distribution of                 Order 13175, Consultation and
                                                      surrounding areas during the                                                                                  Coordination with Indian Tribal
                                                      enforcement period; and (3) the Coast                   power and responsibilities among the
                                                                                                              various levels of government. We have                 Governments, because it would not have
                                                      Guard will provide advance notification                                                                       a substantial direct effect on one or
                                                      of the temporary safety zone to the local               analyzed this proposed rule under that
                                                                                                              Order and determined that this rule                   more Indian tribes, on the relationship
                                                      maritime community by Local Notice to                                                                         between the Federal Government and
                                                      Mariners and Broadcast Notice to                        does not have implications for
                                                                                                              federalism.                                           Indian tribes, or on the distribution of
                                                      Mariners.                                                                                                     power and responsibilities between the
                                                      2. Impact on Small Entities                             6. Protest Activities                                 Federal Government and Indian tribes.
                                                         Under the Regulatory Flexibility Act                   The Coast Guard respects the First                  12. Energy Effects
                                                      (5 U.S.C. 601–612), we have considered                  Amendment rights of protesters.                          This proposed rule is not a
                                                      the impact of this proposed rule on                     Protesters are asked to contact the                   ‘‘significant energy action’’ under
                                                      small entities. The Coast Guard certifies               person listed in the ‘‘For Further                    Executive Order 13211, Actions
                                                      under 5 U.S.C. 605(b) that this proposed                Information Contact’’ section to                      Concerning Regulations That
                                                      rule will not have a significant                        coordinate protest activities so that your            Significantly Affect Energy Supply,
                                                      economic impact on a substantial                        message can be received without                       Distribution, or Use . . .
                                                      number of small entities. This rule may                 jeopardizing the safety or security of
                                                      affect the following entities, some of                  people, places or vessels.                            13. Technical Standards
                                                      which may be small entities: the owner                                                                          This proposed rule does not use
                                                      or operators of vessels intending to                    7. Unfunded Mandates Reform Act
                                                                                                                                                                    technical standards. Therefore, we did
                                                      enter, transit through, anchor in, or                      The Unfunded Mandates Reform Act                   not consider the use of voluntary
                                                      remain within the regulated area during                 of 1995 (2 U.S.C. 1531–1538) requires                 consensus standards.
                                                      the enforcement period. For the reasons                 Federal agencies to assess the effects of
                                                      discussed in Regulatory Planning and                                                                          14. Environment
                                                                                                              their discretionary regulatory actions. In
                                                      Review section above, this rule will not                particular, the Act addresses actions                   We have analyzed this rule under
                                                      have a significant economic impact on                   that may result in the expenditure by a               Department of Homeland Security
                                                      a substantial number of small entities.                 State, local, or tribal government, in the            Management Directive 023–01 and
                                                         If you think that your business,                     aggregate, or by the private sector of                Commandant Instruction M16475.lD,
                                                      organization, or governmental                           $100,000,000 (adjusted for inflation) or              which guide the Coast Guard in
                                                      jurisdiction qualifies as a small entity                more in any one year. Though this                     complying with the National
                                                      and that this rule would have a                         proposed rule would not result in such                Environmental Policy Act of 1969
                                                      significant economic impact on it,                      an expenditure, we do discuss the                     (NEPA) (42 U.S.C. 4321–4370f), and
                                                      please submit a comment (see                            effects of this rule elsewhere in this                have concluded this action is one of a
                                                      ADDRESSES) explaining why you think it                  preamble.                                             category of actions that do not
                                                      qualifies and how and to what degree                                                                          individually or cumulatively have a
                                                      this rule would economically affect it.                 8. Taking of Private Property                         significant effect on the human
                                                                                                                                                                    environment. This rule involves a
                                                      3. Assistance for Small Entities                          This proposed rule would not cause a                temporary safety zone issued in
                                                         Under section 213(a) of the Small                    taking of private property or otherwise               conjunction with a regatta or marine
                                                      Business Regulatory Enforcement                         have taking implications under                        parade. This rule is categorically
                                                      Fairness Act of 1996 (Pub. L. 104–121),                 Executive Order 12630, Governmental                   excluded from further review under
                                                      we want to assist small entities in                     Actions and Interference with                         paragraph 34(g) of Figure 2–1 of the
                                                      understanding this proposed rule. If the                Constitutionally Protected Property                   Commandant Instruction. We seek any
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                                                      rule would affect your small business,                  Rights.                                               comments or information that may lead
                                                      organization, or governmental                           9. Civil Justice Reform                               to the discovery of a significant
                                                      jurisdiction and you have questions                                                                           environmental impact from this rule.
                                                      concerning its provisions or options for                   This proposed rule meets applicable
                                                                                                                                                                    List of Subjects in 33 CFR Part 165
                                                      compliance, please contact the person                   standards in sections 3(a) and 3(b)(2) of
                                                      listed in the FOR FURTHER INFORMATION                   Executive Order 12988, Civil Justice                    Harbors, Marine safety, Navigation
                                                      CONTACT, above. The Coast Guard will                    Reform, to minimize litigation,                       (water), Reporting and recordkeeping
                                                      not retaliate against small entities that               eliminate ambiguity, and reduce                       requirements, Security measures,
                                                      question or complain about this                         burden.                                               Waterways.


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                                                      11148                    Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Proposed Rules

                                                        For the reasons discussed in the                        Dated: February 19, 2015.                           instructions on how to submit
                                                      preamble, the Coast Guard proposes to                   B. D. Falk,                                           comments.
                                                      amend 33 CFR part 165 as follows:                       Commander, U.S. Coast Guard, Acting                   FOR FURTHER INFORMATION CONTACT:
                                                                                                              Captain of the Port Charleston.                       Anthony Maietta, Environmental
                                                      PART 165—REGULATED NAVIGATION                           [FR Doc. 2015–04287 Filed 2–27–15; 8:45 am]
                                                      AREAS AND LIMITED ACCESS AREAS                                                                                Protection Specialist, Control Strategies
                                                                                                              BILLING CODE 9110–04–P                                Section, Air Programs Branch (AR–18J),
                                                      ■ 1. The authority citation for part 165                                                                      Environmental Protection Agency,
                                                      continues to read as follows:                                                                                 Region 5, 77 West Jackson Boulevard,
                                                                                                              ENVIRONMENTAL PROTECTION                              Chicago, Illinois 60604, (312) 353–8777,
                                                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             AGENCY
                                                      33 CFR 1.05–1,6.04–1, 6.04–6, and 160.5;                                                                      maietta.anthony@epa.gov.
                                                      Department of Homeland Security Delegation              40 CFR Part 52                                        SUPPLEMENTARY INFORMATION: In the
                                                      No. 0170.1.                                                                                                   Final Rules section of this Federal
                                                                                                              [EPA–R05–OAR–2014–0662; FRL–9923–44–                  Register, EPA is approving the state’s
                                                      ■ 2. Add a temporary § 165.T07–0019 to
                                                                                                              Region 5]
                                                      read as follows:                                                                                              SIP submittal as a direct final rule
                                                                                                              Approval and Promulgation of Air                      without prior proposal because we view
                                                      § 165.T07–0019 Safety Zone; Xterra Swim,                                                                      this as a noncontroversial submittal and
                                                      Myrtle Beach, SC.                                       Quality Implementation Plans; Ohio;
                                                                                                              Transportation Conformity                             anticipates no adverse comments. A
                                                        (a) Regulated Area. The rule                                                                                detailed rationale for the approval is set
                                                      establishes special local regulations on                AGENCY:  Environmental Protection                     forth in the direct final rule. If no
                                                      certain waters of Intracoastal Waterway,                Agency.                                               adverse comments are received in
                                                      Myrtle Beach, South Carolina. The                       ACTION: Proposed rule.                                response to this rule, no further activity
                                                      special local regulations will be                                                                             is contemplated. If EPA receives adverse
                                                      enforced from 7:30 a.m. until 8:30 a.m.                 SUMMARY:    The Environmental Protection              comments, the direct final rule will be
                                                      on May 3, 2015. The special local                       Agency (EPA) is proposing to approve,                 withdrawn and all public comments
                                                      regulations consist of the following two                under the Clean Air Act, a revision to                received will be addressed in a
                                                      points of position and the North shore:                 Ohio’s transportation conformity state                subsequent final rule based on this
                                                      33°45.076 N, 78°50.790 W to 33°45.323                   implementation plan (SIP) that meets                  proposed rule. EPA will not institute a
                                                      N, 78°50.214 W.                                         EPA and United States Department of                   second comment period. Any parties
                                                        (b) Definition. The term ‘‘designated                 Transportation requirements. The                      interested in commenting on this action
                                                      representative’’ means Coast Guard                      inclusion of this SIP update brings                   should do so at this time. Please note
                                                      Patrol Commanders, including Coast                      Ohio’s transportation conformity SIP                  that if EPA receives adverse comment
                                                      Guard coxswains, petty officers, and                    into compliance with the requirements                 on an amendment, paragraph, or section
                                                      other officers operating Coast Guard                    of the Safe, Accountable, Flexible,                   of this rule and if that provision may be
                                                      vessels, and Federal, state, and local                  Efficient Transportation Act: A Legacy                severed from the remainder of the rule,
                                                      officers designated by or assisting the                 for Users.                                            EPA may adopt as final those provisions
                                                      Captain of the Port Charleston in the                   DATES: Comments must be received on                   of the rule that are not the subject of an
                                                      enforcement of the regulated areas.                     or before April 1, 2015.                              adverse comment. For additional
                                                         (c) Regulations.                                     ADDRESSES: Submit your comments,                      information, see the direct final rule
                                                         (1) All persons and vessels are                      identified by Docket ID No. EPA–R05–                  which is located in the Rules section of
                                                      prohibited from entering, transiting                    OAR–2014–0662, by one of the                          this Federal Register.
                                                      through, anchoring in, or remaining                     following methods:
                                                      within the regulated area. Persons and                                                                          Dated: February 12, 2015.
                                                                                                                 1. www.regulations.gov: Follow the
                                                      vessels desiring to enter, transit through,                                                                   Susan Hedman,
                                                                                                              on-line instructions for submitting
                                                      anchor in, or remain within the                         comments.                                             Regional Administrator, Region 5.
                                                      regulated area may contact the Captain                     2. Email: blakley.pamela@epa.gov.                  [FR Doc. 2015–04148 Filed 2–27–15; 8:45 am]
                                                      of the Port Charleston by telephone at                     3. Fax: (312) 692–2450.                            BILLING CODE 6560–50–P
                                                      (843) 740–7050, or a designated                            4. Mail: Pamela Blakley, Chief,
                                                      representative via VHF radio on channel                 Control Strategies Section, Air Programs
                                                      16, to request authorization. If                        Branch (AR–18J), U.S. Environmental                   DEPARTMENT OF TRANSPORTATION
                                                      authorization to enter, transit through,                Protection Agency, 77 West Jackson
                                                      anchor in, or remain within the                         Boulevard, Chicago, Illinois 60604.                   National Highway Traffic Safety
                                                      regulated area is granted by the Captain                   5. Hand Delivery: Pamela Blakley,                  Administration
                                                      of the Port Charleston or a designated                  Chief, Control Strategies Section, Air
                                                      representative, all persons and vessels                 Programs Branch (AR–18J), U.S.                        49 CFR Part 571
                                                      receiving such authorization must                       Environmental Protection Agency, 77
                                                      comply with the instructions of the                     West Jackson Boulevard, Chicago,                      [Docket No. NHTSA–2012–0036]
                                                      Captain of the Port Charleston or a                     Illinois 60604. Such deliveries are only
                                                      designated representative.                              accepted during the Regional Office                   RIN 2127–AL05
                                                         (2) The Coast Guard will provide                     normal hours of operation, and special
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                                                      notice of the regulated area by Marine                  arrangements should be made for                       Federal Motor Vehicle Safety
                                                      Safety Information Bulletins, Local                     deliveries of boxed information. The                  Standards; Seat Belt Assembly
                                                      Notice to Mariners, Broadcast Notice to                 Regional Office official hours of                     Anchorages
                                                      Mariners, and on-scene designated                       business are Monday through Friday,                   AGENCY:  National Highway Traffic
                                                      representatives.                                        8:30 a.m. to 4:30 p.m., excluding                     Safety Administration (NHTSA),
                                                         (d) Effective Date. This rule is                     Federal holidays.                                     Department of Transportation (DOT).
                                                      effective and will be enforced from 7:30                   Please see the direct final rule which
                                                                                                                                                                    ACTION: Supplemental notice of
                                                      a.m. to 8:30 a.m. on Sunday, May 3,                     is located in the Rules section of this
                                                                                                                                                                    proposed rulemaking (SNPRM).
                                                      2015.                                                   Federal Register for detailed


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Document Created: 2015-12-18 12:07:17
Document Modified: 2015-12-18 12:07:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before April 1, 2015.
ContactIf you have questions on this rule, call or email Chief Warrant Officer Christopher Ruleman, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected] If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 11145 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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