80_FR_50933 80 FR 50771 - Safety Zone, Swim Around Charleston; Charleston, SC

80 FR 50771 - Safety Zone, Swim Around Charleston; Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 162 (August 21, 2015)

Page Range50771-50773
FR Document2015-20737

The Coast Guard is establishing a temporary moving safety zone during the Swim Around Charleston, a swimming race occurring on waters of the Wando River, the Cooper River, Charleston Harbor, and the Ashley River, in Charleston, South Carolina. The Swim Around Charleston is scheduled to take place on September 26, 2015. The temporary safety zone is necessary for the safety of the swimmers, participant vessels, spectators, and the general public during the event. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston or a designated representative.

Federal Register, Volume 80 Issue 162 (Friday, August 21, 2015)
[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Rules and Regulations]
[Pages 50771-50773]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20737]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0276]
RIN 1625-AA00


Safety Zone, Swim Around Charleston; Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
during the Swim Around Charleston, a swimming race occurring on waters 
of the Wando River, the Cooper River, Charleston Harbor, and the Ashley 
River, in Charleston, South Carolina. The Swim Around Charleston is 
scheduled to take place on September 26, 2015. The temporary safety 
zone is necessary for the safety of the swimmers, participant vessels, 
spectators, and the general public during the event. Persons and 
vessels are prohibited from entering, transiting through, anchoring in, 
or remaining within the safety zone unless authorized by the Captain of 
the Port Charleston or a designated representative.

DATES: This rule is effective from noon until 6 p.m. on September 26, 
2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0276. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or

[[Page 50772]]

email Chief Warrant Officer Christopher Ruleman, Sector Charleston 
Waterways Management, U.S. Coast Guard; telephone (843) 740-3184, email 
christopher.l.ruleman@uscg.mil. If you have questions on viewing 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. Regulatory History and Information

    On May 26, 2015, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; Swim Around Charleston, Charleston, SC in 
the Federal Register (80 FR 30005). We received no comments on the 
proposed rule. No public meeting was requested, and none was held.

B. Basis and Purpose

    The legal basis for the rule 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, 6.04-6, and 160.5; 
and Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to ensure the safety of the swimmers, 
participant vessels, spectators, and the general public during the Swim 
Around Charleston.

C. Discussion of Comments and This Temporary Final Rule

    The Coast Guard did not receive any comments to the proposed rule, 
and no changes were made to the regulatory text.

D. Regulatory Analyses

    We developed this 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 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 enforced for a total of six hours; (2) the safety 
zone will move with the participant vessels so that once the swimmers 
clear a portion of the waterway, the safety zone will no longer be 
enforced in that portion of the waterway; (3) although persons and 
vessels may not enter, transit through, anchor in, or remain within the 
safety zone without authorization from the Captain of the Port 
Charleston or a designated representative, they may operate in the 
surrounding area during the enforcement period; (4) persons and vessels 
may still enter, transit through, anchor in, or remain within the 
safety zone if authorized by the Captain of the Port Charleston or a 
designated representative; and (5) 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.

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 received zero comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.
    This rule would affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in a portion of the Wando River, the Cooper River, Charleston 
Harbor, or the Ashley River in Charleston, South Carolina from noon 
until 6 p.m. on September 26, 2015. Due to the limited duration and 
geographical scope of this rule, it will not have a significant 
economic impact on a substantial number of small entities.

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 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 States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

[[Page 50773]]

8. Taking of Private Property

    This 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This 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 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 action 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 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 a safety zone. This rule is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist and Categorical Exclusion Determination was completed for 
2015. The environmental analysis checklist and 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 amends 
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. 1226, 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 
6.04-1, 6.04-6, and 160.5; and Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.T07-0276 to read as follows:


Sec.  165.T07-0276  Safety Zone, Swim Around Charleston; Charleston, 
SC.

    (a) Regulated area. The following regulated area is a moving safety 
zone: all waters within a 75-yard radius around Swim Around Charleston 
participant vessels that are officially associated with the swim. The 
Swim Around Charleston swimming race consists of a 10-mile course that 
starts at Remley's Point on the Wando River in approximate position 
32[deg]48'49'' N., 79[deg]54'27'' W., crosses the main shipping channel 
of Charleston Harbor, and finishes at the General William B. 
Westmoreland Bridge on the Ashley River in approximate position 
32[deg]50'14'' N., 80[deg]01'23'' W. All coordinates are North American 
Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Charleston in the enforcement of the regulated 
area.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port Charleston 
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Charleston by telephone at (843) 740-7050, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port Charleston or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Effective date. This rule is effective on September 26, 2015 
and will be enforced from noon until 6 p.m.

    Dated: August 3, 2015.
G. L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2015-20737 Filed 8-20-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations                                              50771

                                             minimize litigation, eliminate                          List of Subjects in 33 CFR Part 165                   permission to enter or operate in the
                                             ambiguity, and reduce burden.                             Harbors, Marine safety, Navigation                  safety zone must comply with all
                                                                                                     (water), Reporting and record keeping                 directions given to them by the Captain
                                             10. Protection of Children                                                                                    of the Port Buffalo, or his on-scene
                                                                                                     requirements, Security measures,
                                               We have analyzed this rule under                      Waterways.                                            representative.
                                             Executive Order 13045, Protection of                      For the reasons discussed in the                      Dated: August 7, 2015.
                                             Children from Environmental Health                      preamble, the Coast Guard amends 33                   B. W. Roche,
                                             Risks and Safety Risks. This rule is not                CFR parts 165 as follows:                             Captain, U. S. Coast Guard, Captain of the
                                             an economically significant rule and                                                                          Port Buffalo.
                                             does not create an environmental risk to                PART 165—REGULATED NAVIGATION                         [FR Doc. 2015–20739 Filed 8–20–15; 8:45 am]
                                             health or risk to safety that may                       AREAS AND LIMITED ACCESS AREAS                        BILLING CODE 9110–04–P
                                             disproportionately affect children.
                                                                                                     ■ 1. The authority citation for part 165
                                             11. Indian Tribal Governments                           continues to read as follows:                         DEPARTMENT OF HOMELAND
                                                                                                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           SECURITY
                                                This rule does not have tribal
                                                                                                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             implications under Executive Order                                                                            Coast Guard
                                                                                                     Department of Homeland Security Delegation
                                             13175, Consultation and Coordination                    No. 0170.1.
                                             with Indian Tribal Governments,                                                                               33 CFR Part 165
                                             because it does not have a substantial                  ■ 2. Add § 165.T09–0718 to read as
                                             direct effect on one or more Indian                     follows:                                              [Docket Number USCG–2015–0276]
                                             tribes, on the relationship between the                 § 165.T09–0718 Safety Zone; Cleveland
                                                                                                                                                           RIN 1625–AA00
                                             Federal Government and Indian tribes,                   National Air Show; Lake Erie and Cleveland
                                             or on the distribution of power and                     Harbor, Cleveland, OH.
                                                                                                                                                           Safety Zone, Swim Around Charleston;
                                             responsibilities between the Federal                                                                          Charleston, SC
                                                                                                        (a) Location. This zone will
                                             Government and Indian tribes.                           encompass a portion of Lake Erie and                  AGENCY:    Coast Guard, DHS.
                                             12. Energy Effects                                      Cleveland Harbor; Cleveland, OH                       ACTION:   Temporary final rule.
                                                                                                     starting at position 41°30′20″ N. and
                                               This action is not a ‘‘significant                    081°42′20″ W. to 41°30′50″ N. and                     SUMMARY:   The Coast Guard is
                                             energy action’’ under Executive Order                   081°42′49″ W., then to 41°32′09″ N. and               establishing a temporary moving safety
                                             13211, Actions Concerning Regulations                   081°39′49″ W., then to 41°31′53″N. and                zone during the Swim Around
                                             That Significantly Affect Energy Supply,                081°39′24″ W., then return to the point               Charleston, a swimming race occurring
                                             Distribution, or Use.                                   of origin (NAD 83).                                   on waters of the Wando River, the
                                                                                                        (b) Enforcement period. This                       Cooper River, Charleston Harbor, and
                                             13. Technical Standards                                 regulation will be enforced from 2:20                 the Ashley River, in Charleston, South
                                                                                                     p.m. until 4:30 p.m. on September 3,                  Carolina. The Swim Around Charleston
                                               This rule does not use technical                                                                            is scheduled to take place on September
                                             standards. Therefore, we did not                        2015, from 10 a.m. until 4:30 p.m. on
                                                                                                     September 4, 2015, from 8 a.m. until 6                26, 2015. The temporary safety zone is
                                             consider the use of voluntary consensus                                                                       necessary for the safety of the
                                             standards.                                              p.m. on September 5, 2015, from 8 a.m.
                                                                                                     until 6 p.m. on September 6, 2015, and                swimmers, participant vessels,
                                             14. Environment                                         from 8 a.m. until 6 p.m. on September                 spectators, and the general public
                                                                                                     7, 2015.                                              during the event. Persons and vessels
                                                We have analyzed this rule under                        (c) Regulations. (1) In accordance with            are prohibited from entering, transiting
                                             Department of Homeland Security                         the general regulations in § 165.23 of                through, anchoring in, or remaining
                                             Management Directive 023–01 and                         this part, entry into, transiting, or                 within the safety zone unless authorized
                                             Commandant Instruction M16475.lD,                       anchoring within this safety zone is                  by the Captain of the Port Charleston or
                                             which guide the Coast Guard in                          prohibited unless authorized by the                   a designated representative.
                                             complying with the National                             Captain of the Port Buffalo or his                    DATES: This rule is effective from noon
                                             Environmental Policy Act of 1969                        designated on-scene representative.                   until 6 p.m. on September 26, 2015.
                                             (NEPA) (42 U.S.C. 4321–4370f), and                         (2) This safety zone is closed to all              ADDRESSES: Documents mentioned in
                                             have determined that this action is one                 vessel traffic, except as may be                      this preamble are part of docket USCG–
                                             of a category of actions that do not                    permitted by the Captain of the Port                  2015–0276. To view documents
                                             individually or cumulatively have a                     Buffalo or his designated on-scene                    mentioned in this preamble as being
                                             significant effect on the human                         representative.                                       available in the docket, go to http://
                                             environment. This rule involves the                        (3) The ‘‘on-scene representative’’ of             www.regulations.gov, type the docket
                                             establishment of a safety zone and,                     the Captain of the Port Buffalo is any                number in the ‘‘SEARCH’’ box and click
                                             therefore it is categorically excluded                  Coast Guard commissioned, warrant or                  ‘‘SEARCH.’’ Click on Open Docket
                                             from further review under paragraph                     petty officer who has been designated                 Folder on the line associated with this
                                             34(g) of Figure 2–1 of the Commandant                   by the Captain of the Port Buffalo to act             rulemaking. You may also visit the
                                             Instruction. An environmental analysis                  on his behalf.                                        Docket Management Facility in Room
                                             checklist supporting this determination                    (4) Vessel operators desiring to enter             W12–140 on the ground floor of the
                                             and a Categorical Exclusion                             or operate within the safety zone must                Department of Transportation West
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                                             Determination are available in the                      contact the Captain of the Port Buffalo               Building, 1200 New Jersey Avenue SE.,
                                             docket where indicated under                            or his on-scene representative to obtain              Washington, DC 20590, between 9 a.m.
                                             ADDRESSES. We seek any comments or                      permission to do so. The Captain of the               and 5 p.m., Monday through Friday,
                                             information that may lead to the                        Port Buffalo or his on-scene                          except Federal holidays.
                                             discovery of a significant environmental                representative may be contacted via                   FOR FURTHER INFORMATION CONTACT: If
                                             impact from this rule.                                  VHF Channel 16. Vessel operators given                you have questions on this rule, call or


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                                             50772              Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations

                                             email Chief Warrant Officer Christopher                 Orders. The economic impact of this                   concerning its provisions or options for
                                             Ruleman, Sector Charleston Waterways                    rule is not significant for the following             compliance, please contact the person
                                             Management, U.S. Coast Guard;                           reasons: (1) The safety zone will only be             listed in the FOR FURTHER INFORMATION
                                             telephone (843) 740–3184, email                         enforced for a total of six hours; (2) the            CONTACT section, above.
                                             christopher.l.ruleman@uscg.mil. If you                  safety zone will move with the                           Small businesses may send comments
                                             have questions on viewing the docket,                   participant vessels so that once the                  on the actions of Federal employees
                                             call Cheryl Collins, Program Manager,                   swimmers clear a portion of the                       who enforce, or otherwise determine
                                             Docket Operations, telephone (202)-                     waterway, the safety zone will no longer              compliance with, Federal regulations to
                                             366–9826.                                               be enforced in that portion of the                    the Small Business and Agriculture
                                             SUPPLEMENTARY INFORMATION:                              waterway; (3) although persons and                    Regulatory Enforcement Ombudsman
                                                                                                     vessels may not enter, transit through,               and the Regional Small Business
                                             Table of Acronyms                                       anchor in, or remain within the safety                Regulatory Fairness Boards. The
                                             DHS Department of Homeland Security                     zone without authorization from the                   Ombudsman evaluates these actions
                                             FR Federal Register                                     Captain of the Port Charleston or a
                                                                                                                                                           annually and rates each agency’s
                                             NPRM Notice of proposed rulemaking                      designated representative, they may
                                                                                                                                                           responsiveness to small business. If you
                                                                                                     operate in the surrounding area during
                                             A. Regulatory History and Information                                                                         wish to comment on actions by
                                                                                                     the enforcement period; (4) persons and
                                               On May 26, 2015, we published a                                                                             employees of the Coast Guard, call 1–
                                                                                                     vessels may still enter, transit through,
                                             notice of proposed rulemaking (NPRM)                                                                          888–REG–FAIR (1–888–734–3247). The
                                                                                                     anchor in, or remain within the safety
                                             entitled Safety Zone; Swim Around                                                                             Coast Guard will not retaliate against
                                                                                                     zone if authorized by the Captain of the
                                             Charleston, Charleston, SC in the                                                                             small entities that question or complain
                                                                                                     Port Charleston or a designated
                                             Federal Register (80 FR 30005). We                                                                            about this rule or any policy or action
                                                                                                     representative; and (5) the Coast Guard
                                             received no comments on the proposed                                                                          of the Coast Guard.
                                                                                                     will provide advance notification of the
                                             rule. No public meeting was requested,                  safety zone to the local maritime                     4. Collection of Information
                                             and none was held.                                      community by Local Notice to Mariners
                                                                                                     and Broadcast Notice to Mariners.                       This rule will not call for a new
                                             B. Basis and Purpose                                                                                          collection of information under the
                                               The legal basis for the rule is the                   2. Impact on Small Entities                           Paperwork Reduction Act of 1995 (44
                                             Coast Guard’s authority to establish                       The Regulatory Flexibility Act of 1980             U.S.C. 3501–3520).
                                             regulated navigation areas and other                    (RFA), 5 U.S.C. 601–612, as amended,
                                                                                                                                                           5. Federalism
                                             limited access areas: 33 U.S.C. 1231; 50                requires federal agencies to consider the
                                             U.S.C. 191; 33 CFR 1.05–1, 6.04–1,                      potential impact of regulations on small                 A rule has implications for federalism
                                             6.04–6, and 160.5; and Department of                    entities during rulemaking. The term                  under Executive Order 13132,
                                             Homeland Security Delegation No.                        ‘‘small entities’’ comprises small                    Federalism, if it has a substantial direct
                                             0170.1.                                                 businesses, not-for-profit organizations              effect on States, on the relationship
                                               The purpose of the rule is to ensure                  that are independently owned and                      between the national government and
                                             the safety of the swimmers, participant                 operated and are not dominant in their                the States, or on the distribution of
                                             vessels, spectators, and the general                    fields, and governmental jurisdictions                power and responsibilities among the
                                             public during the Swim Around                           with populations of less than 50,000.                 various levels of government. We have
                                             Charleston.                                             The Coast Guard received zero                         analyzed this rule under that Order and
                                                                                                     comments from the Small Business                      determined that this rule does not have
                                             C. Discussion of Comments and This                      Administration on this rule. The Coast
                                             Temporary Final Rule                                                                                          implications for federalism.
                                                                                                     Guard certifies under 5 U.S.C. 605(b)
                                               The Coast Guard did not receive any                   that this rule will not have a significant            6. Protest Activities
                                             comments to the proposed rule, and no                   economic impact on a substantial
                                                                                                                                                             The Coast Guard respects the First
                                             changes were made to the regulatory                     number of small entities.
                                                                                                        This rule would affect the following               Amendment rights of protesters.
                                             text.
                                                                                                     entities, some of which may be small                  Protesters are asked to contact the
                                             D. Regulatory Analyses                                  entities: The owners or operators of                  person listed in the FOR FURTHER
                                               We developed this rule after                                                                                INFORMATION CONTACT section to
                                                                                                     vessels intending to transit or anchor in
                                             considering numerous statutes and                       a portion of the Wando River, the                     coordinate protest activities so that your
                                             executive orders related to rulemaking.                 Cooper River, Charleston Harbor, or the               message can be received without
                                             Below we summarize our analyses                         Ashley River in Charleston, South                     jeopardizing the safety or security of
                                             based on these statutes and executive                   Carolina from noon until 6 p.m. on                    people, places or vessels.
                                             orders.                                                 September 26, 2015. Due to the limited                7. Unfunded Mandates Reform Act
                                             1. Regulatory Planning and Review                       duration and geographical scope of this
                                                                                                     rule, it will not have a significant                    The Unfunded Mandates Reform Act
                                               This rule is not a significant                        economic impact on a substantial                      of 1995 (2 U.S.C. 1531–1538) requires
                                             regulatory action under section 3(f) of                 number of small entities.                             Federal agencies to assess the effects of
                                             Executive Order 12866, Regulatory                                                                             their discretionary regulatory actions. In
                                             Planning and Review, as supplemented                    3. Assistance for Small Entities                      particular, the Act addresses actions
                                             by Executive Order 13563, Improving                        Under section 213(a) of the Small                  that may result in the expenditure by a
                                             Regulation and Regulatory Review, and                   Business Regulatory Enforcement                       State, local, or tribal government, in the
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                                             does not require an assessment of                       Fairness Act of 1996 (Pub. L. 104–121),               aggregate, or by the private sector of
                                             potential costs and benefits under                      we want to assist small entities in                   $100,000,000 (adjusted for inflation) or
                                             section 6(a)(3) of Executive Order 12866                understanding this rule. If the rule                  more in any one year. Though this rule
                                             or under section 1 of Executive Order                   would affect your small business,                     will not result in such an expenditure,
                                             13563. The Office of Management and                     organization, or governmental                         we do discuss the effects of this rule
                                             Budget has not reviewed it under those                  jurisdiction and you have questions                   elsewhere in this preamble.


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                                                                Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations                                              50773

                                             8. Taking of Private Property                           checklist and Categorical Exclusion                   remain within the regulated area may
                                                This rule will not cause a taking of                 Determination was completed for 2015.                 contact the Captain of the Port
                                             private property or otherwise have                      The environmental analysis checklist                  Charleston by telephone at (843) 740–
                                             taking implications under Executive                     and Categorical Exclusion                             7050, or a designated representative via
                                             Order 12630, Governmental Actions and                   Determination are available in the                    VHF radio on channel 16, to request
                                             Interference with Constitutionally                      docket where indicated under                          authorization. If authorization to enter,
                                             Protected Property Rights.                              ADDRESSES. We seek any comments or                    transit through, anchor in, or remain
                                                                                                     information that may lead to the                      within the regulated area is granted by
                                             9. Civil Justice Reform                                 discovery of a significant environmental              the Captain of the Port Charleston or a
                                                This rule meets applicable standards                 impact from this rule.                                designated representative, all persons
                                             in sections 3(a) and 3(b)(2) of Executive                                                                     and vessels receiving such authorization
                                                                                                     List of Subjects in 33 CFR Part 165
                                             Order 12988, Civil Justice Reform, to                                                                         must comply with the instructions of
                                             minimize litigation, eliminate                            Harbors, Marine safety, Navigation                  the Captain of the Port Charleston or a
                                             ambiguity, and reduce burden.                           (water), Reporting and recordkeeping                  designated representative.
                                                                                                     requirements, Security measures,                         (3) The Coast Guard will provide
                                             10. Protection of Children                              Waterways.                                            notice of the regulated area by Local
                                               We have analyzed this rule under                        For the reasons discussed in the                    Notice to Mariners, Broadcast Notice to
                                             Executive Order 13045, Protection of                    preamble, the Coast Guard amends 33                   Mariners, and on-scene designated
                                             Children from Environmental Health                      CFR part 165 as follows:                              representatives.
                                             Risks and Safety Risks. This rule is not                                                                         (d) Effective date. This rule is
                                             an economically significant rule and                    PART 165—REGULATED NAVIGATION                         effective on September 26, 2015 and
                                             does not create an environmental risk to                AREAS AND LIMITED ACCESS AREAS                        will be enforced from noon until 6 p.m.
                                             health or risk to safety that may                                                                               Dated: August 3, 2015.
                                                                                                     ■ 1. The authority citation for part 165
                                             disproportionately affect children.                                                                           G. L. Tomasulo,
                                                                                                     continues to read as follows:
                                             11. Indian Tribal Governments                                                                                 Captain, U.S. Coast Guard, Captain of the
                                                                                                       Authority: 33 U.S.C. 1226, 1231; 50 U.S.C.
                                                                                                                                                           Port Charleston.
                                                This rule does not have tribal                       191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
                                                                                                     160.5; and Department of Homeland Security            [FR Doc. 2015–20737 Filed 8–20–15; 8:45 am]
                                             implications under Executive Order
                                             13175, Consultation and Coordination                    Delegation No. 0170.1.                                BILLING CODE 9110–04–P

                                             with Indian Tribal Governments,                         ■ 2. Add § 165.T07–0276 to read as
                                             because it does not have a substantial                  follows:
                                             direct effect on one or more Indian                                                                           DEPARTMENT OF EDUCATION
                                             tribes, on the relationship between the                 § 165.T07–0276 Safety Zone, Swim Around
                                                                                                     Charleston; Charleston, SC.                           34 CFR Parts 200 and 300
                                             Federal Government and Indian tribes,
                                             or on the distribution of power and                        (a) Regulated area. The following                  RIN 1810–AB16
                                             responsibilities between the Federal                    regulated area is a moving safety zone:
                                                                                                     all waters within a 75-yard radius                    [Docket ID ED–2012–OESE–0018]
                                             Government and Indian tribes.
                                                                                                     around Swim Around Charleston
                                             12. Energy Effects                                                                                            Improving the Academic Achievement
                                                                                                     participant vessels that are officially
                                                                                                                                                           of the Disadvantaged; Assistance to
                                               This action is not a ‘‘significant                    associated with the swim. The Swim
                                                                                                                                                           States for the Education of Children
                                             energy action’’ under Executive Order                   Around Charleston swimming race
                                                                                                                                                           With Disabilities
                                             13211, Actions Concerning Regulations                   consists of a 10-mile course that starts
                                             That Significantly Affect Energy Supply,                at Remley’s Point on the Wando River                  AGENCY:  Office of Elementary and
                                             Distribution, or Use.                                   in approximate position 32°48′49″ N.,                 Secondary Education, Office of Special
                                                                                                     79°54′27″ W., crosses the main shipping               Education and Rehabilitative Services,
                                             13. Technical Standards                                 channel of Charleston Harbor, and                     Department of Education.
                                               This rule does not use technical                      finishes at the General William B.                    ACTION: Final regulations.
                                             standards. Therefore, we did not                        Westmoreland Bridge on the Ashley
                                             consider the use of voluntary consensus                 River in approximate position 32°50′14″               SUMMARY:   The Secretary amends the
                                             standards.                                              N., 80°01′23″ W. All coordinates are                  regulations governing title I, Part A of
                                                                                                     North American Datum 1983.                            the Elementary and Secondary
                                             14. Environment                                                                                               Education Act of 1965, as amended
                                                                                                        (b) Definition. The term ‘‘designated
                                                We have analyzed this rule under                     representative’’ means Coast Guard                    (ESEA) (the ‘‘Title I regulations’’), to no
                                             Department of Homeland Security                         Patrol Commanders, including Coast                    longer authorize a State to define
                                             Management Directive 023–01 and                         Guard coxswains, petty officers, and                  modified academic achievement
                                             Commandant Instruction M16475.lD,                       other officers operating Coast Guard                  standards and develop alternate
                                             which guide the Coast Guard in                          vessels, and Federal, state, and local                assessments based on those modified
                                             complying with the National                             officers designated by or assisting the               academic achievement standards for
                                             Environmental Policy Act of 1969                        Captain of the Port Charleston in the                 eligible students with disabilities. In
                                             (NEPA) (42 U.S.C. 4321–4370f), and                      enforcement of the regulated area.                    order to make conforming changes to
                                             have determined that this action is one                    (c) Regulations. (1) All persons and               ensure coordinated administration of
                                             of a category of actions that do not                    vessels are prohibited from entering,                 programs under title I of the ESEA and
                                             individually or cumulatively have a                                                                           the Individuals with Disabilities
rmajette on DSK7SPTVN1PROD with RULES




                                                                                                     transiting through, anchoring in, or
                                             significant effect on the human                         remaining within the regulated area                   Education Act (IDEA), the Secretary is
                                             environment. This rule involves a safety                unless authorized by the Captain of the               also amending the regulations for Part B
                                             zone. This rule is categorically excluded               Port Charleston or a designated                       of the IDEA. Note: Nothing in these
                                             from further review under paragraph                     representative.                                       regulations changes the ability of States
                                             34(g) of Figure 2–1 of the Commandant                      (2) Persons and vessels desiring to                to develop and administer alternate
                                             Instruction. An environmental analysis                  enter, transit through, anchor in, or                 assessments based on alternate


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Document Created: 2018-02-23 11:00:44
Document Modified: 2018-02-23 11:00:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from noon until 6 p.m. on September 26, 2015.
ContactIf you have questions on this rule, call or email Chief Warrant Officer Christopher Ruleman, Sector Charleston Waterways Management, U.S. Coast Guard; telephone (843) 740-3184, email [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202)-366-9826.
FR Citation80 FR 50771 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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