80_FR_45774 80 FR 45627 - Safety Zone; Intermedix IRONMAN 70.3 Event, Savannah River; Augusta, GA

80 FR 45627 - Safety Zone; Intermedix IRONMAN 70.3 Event, Savannah River; Augusta, GA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 147 (July 31, 2015)

Page Range45627-45629
FR Document2015-18844

The Coast Guard proposes to establish a temporary safety zone on the waters of the Savannah River during the Intermedix IRONMAN 70.3 event on September 27, 2015. This regulation is necessary to protect the lives of the participants on the navigable waters of the Savannah River due to hazards associated with 3,600 IRONMAN athletes swimming in the Savannah River. Entry into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Savannah or a designated representative.

Federal Register, Volume 80 Issue 147 (Friday, July 31, 2015)
[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Proposed Rules]
[Pages 45627-45629]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18844]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0604]
RIN 1625-AA00


Safety Zone; Intermedix IRONMAN 70.3 Event, Savannah River; 
Augusta, GA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the waters of the Savannah River during the Intermedix IRONMAN 70.3 
event on September 27, 2015. This regulation is necessary to protect 
the lives of the participants on the navigable waters of the Savannah 
River due to hazards associated with 3,600 IRONMAN athletes swimming in 
the Savannah River. Entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port (COTP) Savannah or a 
designated representative.

DATES: Comments and related material must be received by August 15, 
2015. Requests for public meetings must be received by the Coast Guard 
by August 7, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (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 Lieutenant Christopher McElvaine, Marine Safety Unit 
Savannah Prevention Department, Coast Guard; telephone (912) 652-4353 
ext.221, email Christopher.D.McElvaine@uscg.mil. If you have questions 
on viewing or submitting material to the docket, call Cheryl Collins, 
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-2015-0604 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-2015-0604 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

[[Page 45628]]

for one, 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 rulemaking is the Coast Guard's authority 
to establish regulated navigation areas and other limited access areas: 
33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, and 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to ensure the safety of life and vessels 
on a navigable waterway of the United States during the Intermedix 
IRONMAN 70.3 event.

C. Discussion of Proposed Rule

    The Coast Guard proposes to establish this safety zone to protect 
the lives of those near the Savannah River during the Intermedix 
Ironman 70.3 event. Approximately 3,600 participants will be swimming 
one mile on the Savannah River from the 5th Street Marina, river mile 
197, to the Boathouse at river mile 198.
    The safety zone will cover all waters from river mile 197 to river 
mile 198. During the swim portion of the event, no vessel may enter, 
transit through, anchor in, or remain within the safety zone unless 
authorized by the COTP Savannah or a designated representative. This 
proposed rule would be effective on September 27, 2015 from 7:30 a.m. 
until 11 a.m., or until all swimmers are out of the water.
    Persons or vessels desiring to enter, transit through, anchor in, 
or remain within the safety zone may contact the Captain of the Port 
Savannah by telephone at (912) 652-4353, or a designated representative 
via VHF radio on channel 16, to request authorization. If authorization 
to enter, transit through, anchor in, or remain within the safety zone 
is granted by the Captain of the Port Savannah or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Savannah 
or a designated representative. The Coast Guard will provide notice of 
the safety zones by Broadcast Notice to Mariners, and on-scene 
designated representatives.
    The COTP Savannah or a designated representative will inform the 
public through broadcast notice to mariners of the enforcement periods 
for this safety zone.

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 these statutes and 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 
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: (1) The safety zone will only be effective for three 
and one-half hours and it will only be enforced during the Intermedix 
IRONMAN 70.3 event; (2) although non-participant persons and vessels 
will not be able to enter, transit through, anchor in, or remain within 
the event area without authorization from the Captain of the Port 
Savannah or a designated representative, they may operate in the 
surrounding area during the enforcement period; (3) non-participant 
persons and vessels may still enter, transit through, anchor in, or 
remain within the event area during the enforcement period if 
authorized by the Captain of the Port Savannah or a designated 
representative; and (4) the Coast Guard will provide advance 
notification of the safety zone to the local maritime community by 
Local Notice to Mariners and Broadcast Notice to Mariners.
    Notifications of the enforcement periods of this safety zone will 
be made to the marine community through broadcast notice to mariners. 
Representatives of the COTP will be on-scene to coordinate the 
movements of vessels seeking to enter the safety zone. These 
representatives will authorize vessel transits into the zone to the 
maximum safely allowable during the Intermedix IRONMAN 70.3.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule will not have a significant economic impact on a substantial 
number of small entities for the following reasons: (1) The COTP 
Savannah may consider granting vessels permission to enter into the 
safety zone if conditions allow for such transit to be conducted 
safely, and (2) the safety zone will only be enforced during the event.

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 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 above.
    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 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.

[[Page 45629]]

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 rule will 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 will 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

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

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 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 involves the creation of a temporary safety 
zone. This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g) and paragraph (35)(a), of the Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0604 to read as follows:


Sec.  165.T07-0604  Safety Zone; Intermedix IRONMAN 70.3, Savannah 
River, Augusta, GA.

    (a) Regulated Area. The following areas are safety zones:
    (1) Fixed Safety Zone. All waters of the Savannah River from the 
5th Street Marina, river mile 197, to the Boathouse at river mile 198 
in Augusta, Georgia.
    (2) Reserved.
    (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 Savannah in the enforcement of the regulated area.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
proposed safety zones unless authorized by the Captain of the Port 
Savannah or a designated representative.
    (2) Persons or vessels desiring to enter, transit through, anchor 
in, or remain within the safety zones may contact the Captain of the 
Port Savannah by telephone at (912) 652-4353, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the safety zone is granted by the Captain of the Port Savannah or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Savannah or a designated representatives.
    (3) The Coast Guard will provide notice of the regulated areas by 
Broadcast Notice to Mariners and on-scene designated representatives.
    (d) Effective period. This rule is effective September 27, 2015 
from 7:30 a.m. until 11 p.m. or until all swimmers are out of the 
water.

    Dated: July 17, 2015.
A.M. Beach,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2015-18844 Filed 7-30-15; 8:45 am]
BILLING CODE 9110-04-P



                                                                            Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Proposed Rules                                          45627

                                                 component that they will be unavailable                  DATES:  Comments and related material                 hand delivery, but please use only one
                                                 for drills and annual training because of                must be received by August 15, 2015.                  of these means. If you submit a
                                                 their Peace Corps service. Such                          Requests for public meetings must be                  comment online, it will be considered
                                                 Applicants are urged to obtain written                   received by the Coast Guard by August                 received by the Coast Guard when you
                                                 confirmation from their reserve                          7, 2015.                                              successfully transmit the comment. If
                                                 component that they have complied                        ADDRESSES: You may submit comments                    you fax, hand deliver, or mail your
                                                 with these requirements.                                 identified by docket number using any                 comment, it will be considered as
                                                                                                          one of the following methods:                         having been received by the Coast
                                                 § 305.8   Background investigation.                         (1) Federal eRulemaking Portal:                    Guard when it is received at the Docket
                                                    Section 22 of the Peace Corps Act                     http://www.regulations.gov.                           Management Facility. We recommend
                                                 requires that each Applicant be                             (2) Fax: 202–493–2251.                             that you include your name and a
                                                 investigated to ensure that enrollment of                   (3) Mail or Delivery: Docket                       mailing address, an email address, or a
                                                 the Applicant as a Volunteer is                          Management Facility (M–30), U.S.                      telephone number in the body of your
                                                 consistent with the national interest.                   Department of Transportation, West                    document so that we can contact you if
                                                 The Peace Corps therefore obtains an                     Building Ground Floor, Room W12–140,                  we have questions regarding your
                                                 appropriate background investigation                     1200 New Jersey Avenue SE.,                           submission.
                                                 for all Applicants who are invited to                    Washington, DC 20590–0001. Deliveries                    To submit your comment online, go to
                                                 serve in the Peace Corps. Information                    accepted between 9 a.m. and 5 p.m.,                   http://www.regulations.gov, type the
                                                 revealed by the background                               Monday through Friday, except federal                 docket number USCG–2015–0604 in the
                                                 investigation may be grounds for                         holidays. The telephone number is 202–                ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
                                                 disqualification from Peace Corps                        366–9329.                                             Click on ‘‘Submit a Comment’’ on the
                                                 service. Under the Peace Corps Act, if a                    See the ‘‘Public Participation and                 line associated with this rulemaking.
                                                 background investigation regarding an                    Request for Comments’’ portion of the                    If you submit your comments by mail
                                                 Applicant develops any data reflecting                   SUPPLEMENTARY INFORMATION section                     or hand delivery, submit them in an
                                                 that the Applicant is of questionable                    below for further instructions on                     unbound format, no larger than 81⁄2 by
                                                 loyalty or is a questionable security risk,              submitting comments. To avoid                         11 inches, suitable for copying and
                                                 the Peace Corps must refer the matter to                 duplication, please use only one of                   electronic filing. If you submit
                                                 the Federal Bureau of Investigation for                  these three methods.                                  comments by mail and would like to
                                                 a full field investigation. The results of               FOR FURTHER INFORMATION CONTACT: If                   know that they reached the Facility,
                                                 that full field investigation will be                    you have questions on this rule, call or              please enclose a stamped, self-addressed
                                                 furnished to the Peace Corps for                         email Lieutenant Christopher                          postcard or envelope. We will consider
                                                 information and appropriate action.                      McElvaine, Marine Safety Unit                         all comments and material received
                                                   Dated: July 24, 2015.                                  Savannah Prevention Department, Coast                 during the comment period and may
                                                 Alan C. Price,                                           Guard; telephone (912) 652–4353                       change the rule based on your
                                                 Associate Director, Management.                          ext.221, email                                        comments.
                                                 [FR Doc. 2015–18789 Filed 7–30–15; 8:45 am]
                                                                                                          Christopher.D.McElvaine@uscg.mil. If                  2. Viewing Comments and Documents
                                                                                                          you have questions on viewing or
                                                 BILLING CODE 6051–01–P
                                                                                                          submitting material to the docket, call                  To view comments, as well as
                                                                                                          Cheryl Collins, Program Manager,                      documents mentioned in this preamble
                                                                                                          Docket Operations, telephone (202)                    as being available in the docket, go to
                                                 DEPARTMENT OF HOMELAND                                   366–9826.                                             http://www.regulations.gov, type the
                                                 SECURITY                                                                                                       docket number USCG–2015–0604 in the
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
                                                 Coast Guard                                              Table of Acronyms                                     Click on Open Docket Folder on the line
                                                                                                          DHS Department of Homeland Security                   associated with this rulemaking. You
                                                 33 CFR Part 165                                                                                                may also visit the Docket Management
                                                                                                          FR Federal Register
                                                 [Docket Number USCG–2015–0604]                           NPRM Notice of proposed rulemaking                    Facility in Room W12–140 on the
                                                                                                                                                                ground floor of the Department of
                                                 RIN 1625–AA00                                            A. Public Participation and Request for
                                                                                                                                                                Transportation West Building, 1200
                                                                                                          Comments
                                                 Safety Zone; Intermedix IRONMAN 70.3                                                                           New Jersey Avenue SE., Washington,
                                                                                                            We encourage you to participate in                  DC 20590, between 9 a.m. and 5 p.m.,
                                                 Event, Savannah River; Augusta, GA
                                                                                                          this rulemaking by submitting                         Monday through Friday, except Federal
                                                 AGENCY:   Coast Guard, DHS.                              comments and related materials. All                   holidays.
                                                 ACTION:   Notice of proposed rulemaking.                 comments received will be posted
                                                                                                          without change to http://                             3. Privacy Act
                                                 SUMMARY:   The Coast Guard proposes to                   www.regulations.gov and will include                     Anyone can search the electronic
                                                 establish a temporary safety zone on the                 any personal information you have                     form of comments received into any of
                                                 waters of the Savannah River during the                  provided.                                             our dockets by the name of the
                                                 Intermedix IRONMAN 70.3 event on                                                                               individual submitting the comment (or
                                                 September 27, 2015. This regulation is                   1. Submitting Comments
                                                                                                                                                                signing the comment, if submitted on
                                                 necessary to protect the lives of the                       If you submit a comment, please                    behalf of an association, business, labor
rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                 participants on the navigable waters of                  include the docket number for this                    union, etc.). You may review a Privacy
                                                 the Savannah River due to hazards                        rulemaking, indicate the specific section             Act notice regarding our public dockets
                                                 associated with 3,600 IRONMAN                            of this document to which each                        in the January 17, 2008, issue of the
                                                 athletes swimming in the Savannah                        comment applies, and provide a reason                 Federal Register (73 FR 3316).
                                                 River. Entry into this zone is prohibited                for each suggestion or recommendation.
                                                 unless specifically authorized by the                    You may submit your comments and                      4. Public Meeting
                                                 Captain of the Port (COTP) Savannah or                   material online at http://                               We do not now plan to hold a public
                                                 a designated representative.                             www.regulations.gov, or by fax, mail, or              meeting. But you may submit a request


                                            VerDate Sep<11>2014   13:28 Jul 30, 2015   Jkt 235001   PO 00000   Frm 00012   Fmt 4702   Sfmt 4702   E:\FR\FM\31JYP1.SGM   31JYP1


                                                 45628                      Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Proposed Rules

                                                 for one, using one of the methods                        D. Regulatory Analyses                                operated and are not dominant in their
                                                 specified under ADDRESSES. Please                          We developed this proposed rule after               fields, and governmental jurisdictions
                                                 explain why you believe a public                         considering numerous statutes and                     with populations of less than 50,000.
                                                 meeting would be beneficial. If we                       executive orders related to rulemaking.                  The Coast Guard certifies under 5
                                                 determine that one would aid this                        Below we summarize our analyses                       U.S.C. 605(b) that this proposed rule
                                                 rulemaking, we will hold one at a time                   based on these statutes and executive                 will not have a significant economic
                                                 and place announced by a later notice
                                                                                                          orders.                                               impact on a substantial number of small
                                                 in the Federal Register.
                                                                                                                                                                entities for the following reasons: (1)
                                                                                                          1. Regulatory Planning and Review
                                                 B. Basis and Purpose                                                                                           The COTP Savannah may consider
                                                   The legal basis for this rulemaking is                    This proposed rule is not a significant            granting vessels permission to enter into
                                                 the Coast Guard’s authority to establish                 regulatory action under section 3(f) of               the safety zone if conditions allow for
                                                 regulated navigation areas and other                     Executive Order 12866, Regulatory                     such transit to be conducted safely, and
                                                 limited access areas: 33 U.S.C. 1231; 50                 Planning and Review, as supplemented                  (2) the safety zone will only be enforced
                                                 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, and                   by Executive Order 13563, Improving                   during the event.
                                                 160.5; Department of Homeland                            Regulation and Regulatory Review, and
                                                                                                          does not require an assessment of                     3. Assistance for Small Entities
                                                 Security Delegation No. 0170.1.
                                                   The purpose of the rule is to ensure                   potential costs and benefits under
                                                                                                          section 6(a)(3) of Executive Order 12866                 Under section 213(a) of the Small
                                                 the safety of life and vessels on a                                                                            Business Regulatory Enforcement
                                                 navigable waterway of the United States                  or under section 1 of Executive Order
                                                                                                          13563. The Office of Management and                   Fairness Act of 1996 (Pub. L. 104–121),
                                                 during the Intermedix IRONMAN 70.3                                                                             we want to assist small entities in
                                                 event.                                                   Budget has not reviewed it under those
                                                                                                          Orders.                                               understanding this rule. If the rule
                                                 C. Discussion of Proposed Rule                              The economic impact of this rule is                would affect your small business,
                                                                                                          not significant for the following reasons:            organization, or governmental
                                                    The Coast Guard proposes to establish
                                                                                                          (1) The safety zone will only be effective            jurisdiction and you have questions
                                                 this safety zone to protect the lives of
                                                                                                          for three and one-half hours and it will              concerning its provisions or options for
                                                 those near the Savannah River during
                                                                                                          only be enforced during the Intermedix                compliance, please contact the person
                                                 the Intermedix Ironman 70.3 event.
                                                                                                          IRONMAN 70.3 event; (2) although non-                 listed in the FOR FURTHER INFORMATION
                                                 Approximately 3,600 participants will
                                                                                                          participant persons and vessels will not              CONTACT section above.
                                                 be swimming one mile on the Savannah
                                                 River from the 5th Street Marina, river                  be able to enter, transit through, anchor                Small businesses may send comments
                                                 mile 197, to the Boathouse at river mile                 in, or remain within the event area                   on the actions of Federal employees
                                                 198.                                                     without authorization from the Captain                who enforce, or otherwise determine
                                                    The safety zone will cover all waters                 of the Port Savannah or a designated                  compliance with, Federal regulations to
                                                 from river mile 197 to river mile 198.                   representative, they may operate in the               the Small Business and Agriculture
                                                 During the swim portion of the event,                    surrounding area during the                           Regulatory Enforcement Ombudsman
                                                 no vessel may enter, transit through,                    enforcement period; (3) non-participant               and the Regional Small Business
                                                 anchor in, or remain within the safety                   persons and vessels may still enter,                  Regulatory Fairness Boards. The
                                                 zone unless authorized by the COTP                       transit through, anchor in, or remain                 Ombudsman evaluates these actions
                                                 Savannah or a designated                                 within the event area during the                      annually and rates each agency’s
                                                 representative. This proposed rule                       enforcement period if authorized by the               responsiveness to small business. If you
                                                 would be effective on September 27,                      Captain of the Port Savannah or a                     wish to comment on actions by
                                                 2015 from 7:30 a.m. until 11 a.m., or                    designated representative; and (4) the                employees of the Coast Guard, call 1–
                                                 until all swimmers are out of the water.                 Coast Guard will provide advance                      888–REG–FAIR (1–888–734–3247). The
                                                    Persons or vessels desiring to enter,                 notification of the safety zone to the                Coast Guard will not retaliate against
                                                 transit through, anchor in, or remain                    local maritime community by Local                     small entities that question or complain
                                                 within the safety zone may contact the                   Notice to Mariners and Broadcast Notice               about this rule or any policy or action
                                                 Captain of the Port Savannah by                          to Mariners.                                          of the Coast Guard.
                                                 telephone at (912) 652–4353, or a                           Notifications of the enforcement
                                                 designated representative via VHF radio                  periods of this safety zone will be made              4. Collection of Information
                                                 on channel 16, to request authorization.                 to the marine community through
                                                                                                                                                                  This proposed rule will not call for a
                                                 If authorization to enter, transit through,              broadcast notice to mariners.
                                                                                                                                                                new collection of information under the
                                                 anchor in, or remain within the safety                   Representatives of the COTP will be on-
                                                                                                                                                                Paperwork Reduction Act of 1995 (44
                                                 zone is granted by the Captain of the                    scene to coordinate the movements of
                                                                                                                                                                U.S.C. 3501–3520).
                                                 Port Savannah or a designated                            vessels seeking to enter the safety zone.
                                                 representative, all persons and vessels                  These representatives will authorize                  5. Federalism
                                                 receiving such authorization must                        vessel transits into the zone to the
                                                 comply with the instructions of the                      maximum safely allowable during the                      A rule has implications for federalism
                                                 Captain of the Port Savannah or a                        Intermedix IRONMAN 70.3.                              under Executive Order 13132,
                                                 designated representative. The Coast                                                                           Federalism, if it has a substantial direct
                                                                                                          2. Impact on Small Entities                           effect on the States, on the relationship
                                                 Guard will provide notice of the safety
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                                                 zones by Broadcast Notice to Mariners,                      The Regulatory Flexibility Act of 1980             between the national government and
                                                 and on-scene designated                                  (RFA), 5 U.S.C. 601–612, as amended,                  the States, or on the distribution of
                                                 representatives.                                         requires federal agencies to consider the             power and responsibilities among the
                                                    The COTP Savannah or a designated                     potential impact of regulations on small              various levels of government. We have
                                                 representative will inform the public                    entities during rulemaking. The term                  analyzed this proposed rule under that
                                                 through broadcast notice to mariners of                  ‘‘small entities’’ comprises small                    Order and determined that this rule
                                                 the enforcement periods for this safety                  businesses, not-for-profit organizations              does not have implications for
                                                 zone.                                                    that are independently owned and                      federalism.


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                                                                            Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Proposed Rules                                                45629

                                                 6. Protest Activities                                    12. Energy Effects                                    Marina, river mile 197, to the Boathouse
                                                                                                             This proposed rule is not a                        at river mile 198 in Augusta, Georgia.
                                                   The Coast Guard respects the First                                                                              (2) Reserved.
                                                 Amendment rights of protesters.                          ‘‘significant energy action’’ under
                                                                                                          Executive Order 13211, Actions                           (b) Definition. The term ‘‘designated
                                                 Protesters are asked to contact the                                                                            representative’’ means Coast Guard
                                                 person listed in the FOR FURTHER                         Concerning Regulations That
                                                                                                          Significantly Affect Energy Supply,                   Patrol Commanders, including Coast
                                                 INFORMATION CONTACT section to                                                                                 Guard coxswains, petty officers, and
                                                 coordinate protest activities so that your               Distribution, or Use.
                                                                                                                                                                other officers operating Coast Guard
                                                 message can be received without                          13. Technical Standards                               vessels, and Federal, state, and local
                                                 jeopardizing the safety or security of                                                                         officers designated by or assisting the
                                                                                                            This proposed rule does not use
                                                 people, places or vessels.                                                                                     Captain of the Port Savannah in the
                                                                                                          technical standards. Therefore, we did
                                                 7. Unfunded Mandates Reform Act                          not consider the use of voluntary                     enforcement of the regulated area.
                                                                                                          consensus standards.                                     (c) Regulations. (1) All persons and
                                                   The Unfunded Mandates Reform Act                                                                             vessels are prohibited from entering,
                                                 of 1995 (2 U.S.C. 1531–1538) requires                    14. Environment                                       transiting through, anchoring in, or
                                                 Federal agencies to assess the effects of                   We have analyzed this rule under                   remaining within the proposed safety
                                                 their discretionary regulatory actions. In               Department of Homeland Security                       zones unless authorized by the Captain
                                                 particular, the Act addresses actions                    Management Directive 023–01 and                       of the Port Savannah or a designated
                                                 that may result in the expenditure by a                  Commandant Instruction M16475.lD,                     representative.
                                                 State, local, or tribal government, in the               which guide the Coast Guard in                           (2) Persons or vessels desiring to
                                                 aggregate, or by the private sector of                   complying with the National                           enter, transit through, anchor in, or
                                                 $100,000,000 (adjusted for inflation) or                 Environmental Policy Act of 1969                      remain within the safety zones may
                                                 more in any one year. Though this rule                   (NEPA) (42 U.S.C. 4321–4370f), and                    contact the Captain of the Port
                                                 will not result in such an expenditure,                  have determined that this action is one               Savannah by telephone at (912) 652–
                                                 we do discuss the effects of this rule                   of a category of actions that do not                  4353, or a designated representative via
                                                 elsewhere in this preamble.                              individually or cumulatively have a                   VHF radio on channel 16, to request
                                                                                                          significant effect on the human                       authorization. If authorization to enter,
                                                 8. Taking of Private Property                            environment. This rule involves the                   transit through, anchor in, or remain
                                                   This proposed rule will not cause a                    creation of a temporary safety zone. This             within the safety zone is granted by the
                                                 taking of private property or otherwise                  rule is categorically excluded, under                 Captain of the Port Savannah or a
                                                 have taking implications under                           figure 2–1, paragraph (34)(g) and                     designated representative, all persons
                                                 Executive Order 12630, Governmental                      paragraph (35)(a), of the Instruction. An             and vessels receiving such authorization
                                                 Actions and Interference with                            environmental analysis checklist                      must comply with the instructions of
                                                 Constitutionally Protected Property                      supporting this determination and a                   the Captain of the Port Savannah or a
                                                 Rights.                                                  Categorical Exclusion Determination are               designated representatives.
                                                                                                          available in the docket where indicated                  (3) The Coast Guard will provide
                                                 9. Civil Justice Reform                                  under ADDRESSES. We seek any                          notice of the regulated areas by
                                                                                                          comments or information that may lead                 Broadcast Notice to Mariners and on-
                                                    This proposed rule meets applicable                   to the discovery of a significant                     scene designated representatives.
                                                 standards in sections 3(a) and 3(b)(2) of                environmental impact from this rule.                     (d) Effective period. This rule is
                                                 Executive Order 12988, Civil Justice                                                                           effective September 27, 2015 from 7:30
                                                 Reform, to minimize litigation,                          List of Subjects in 33 CFR Part 165                   a.m. until 11 p.m. or until all swimmers
                                                 eliminate ambiguity, and reduce                            Harbors, Marine safety, Navigation                  are out of the water.
                                                 burden.                                                  (water), Reporting and recordkeeping                    Dated: July 17, 2015.
                                                 10. Protection of Children                               requirements, Security measures,
                                                                                                                                                                A.M. Beach,
                                                                                                          Waterways.
                                                                                                                                                                Commander, U.S. Coast Guard, Captain of
                                                   We have analyzed this proposed rule                      For the reasons discussed in the                    the Port Savannah.
                                                 under Executive Order 13045,                             preamble, the Coast Guard proposes to
                                                                                                                                                                [FR Doc. 2015–18844 Filed 7–30–15; 8:45 am]
                                                 Protection of Children from                              amend 33 CFR part 165 as follows:
                                                                                                                                                                BILLING CODE 9110–04–P
                                                 Environmental Health Risks and Safety
                                                 Risks. This proposed rule is not an                      PART 165—REGULATED NAVIGATION
                                                 economically significant rule and does                   AREAS AND LIMITED ACCESS AREAS
                                                 not create an environmental risk to                                                                            ENVIRONMENTAL PROTECTION
                                                 health or risk to safety that may                        ■ 1. The authority citation for part 165              AGENCY
                                                 disproportionately affect children.                      continues to read as follows:
                                                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           40 CFR Part 52
                                                 11. Indian Tribal Governments                            33 CFR 1.05–1, 6.04–1, and 160.5;                     [EPA–R03–OAR–2015–0411; FRL–9931–55–
                                                                                                          Department of Homeland Security Delegation            Region 3]
                                                    This proposed rule does not have                      No. 0170.1.
                                                 tribal implications under Executive                                                                            Approval and Promulgation of Air
                                                                                                          ■ 2. Add a temporary § 165.T07–0604 to
                                                 Order 13175, Consultation and                                                                                  Quality Implementation Plans; West
                                                                                                          read as follows:
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                                                 Coordination with Indian Tribal                                                                                Virginia; 2011 Base Year Emissions
                                                 Governments, because it does not have                    § 165.T07–0604 Safety Zone; Intermedix                Inventory for the Marshall, West
                                                 a substantial direct effect on one or                    IRONMAN 70.3, Savannah River, Augusta,                Virginia Nonattainment Area for the
                                                 more Indian tribes, on the relationship                  GA.
                                                                                                                                                                2010 1-Hour Sulfur Dioxide National
                                                 between the Federal Government and                         (a) Regulated Area. The following                   Ambient Air Quality Standard
                                                 Indian tribes, or on the distribution of                 areas are safety zones:
                                                 power and responsibilities between the                     (1) Fixed Safety Zone. All waters of                AGENCY: Environmental Protection
                                                 Federal Government and Indian tribes.                    the Savannah River from the 5th Street                Agency (EPA).


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Document Created: 2015-12-15 12:59:43
Document Modified: 2015-12-15 12:59:43
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 August 15, 2015. Requests for public meetings must be received by the Coast Guard by August 7, 2015.
ContactIf you have questions on this rule, call or email Lieutenant Christopher McElvaine, Marine Safety Unit Savannah Prevention Department, Coast Guard; telephone (912) 652-4353 ext.221, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 45627 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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