81_FR_11203 81 FR 11161 - Safety Zone; Xterra Swim, Myrtle Beach, SC Intracoastal Waterway; Myrtle Beach, SC

81 FR 11161 - Safety Zone; Xterra Swim, Myrtle Beach, SC Intracoastal Waterway; Myrtle Beach, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 42 (March 3, 2016)

Page Range11161-11164
FR Document2016-04664

The Coast Guard proposes to issue a temporary safety zone on the waters of the Intracoastal Waterway in Myrtle Beach, South Carolina. The Xterra Swim is scheduled to take place on Sunday, April 24, 2016. The temporary safety zone is necessary for the safety of the swimmers, participant vessels, spectators, and the general public during the event. The temporary safety zone will restrict vessel traffic in a portion of the Intracoastal Waterway, preventing non- participant vessels from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Charleston or a designated representative.

Federal Register, Volume 81 Issue 42 (Thursday, March 3, 2016)
[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Proposed Rules]
[Pages 11161-11164]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04664]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0115]
RIN 1625-AA00


Safety Zone; Xterra Swim, Myrtle Beach, SC Intracoastal Waterway; 
Myrtle Beach, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to issue a temporary safety zone on 
the waters of the Intracoastal Waterway in Myrtle Beach, South 
Carolina. The Xterra Swim is scheduled to take place on Sunday, April 
24, 2016. The temporary safety zone is necessary for the safety of the 
swimmers, participant vessels, spectators, and the general public 
during the event. The temporary safety zone will restrict vessel 
traffic in a portion of the Intracoastal Waterway, preventing non-
participant vessels from entering, transiting through, anchoring in, or 
remaining within the regulated area unless authorized by the Captain of 
the Port Charleston or a designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 4, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0115 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

[[Page 11162]]


FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant John Downing, Sector 
Charleston Office of Waterways Management, Coast Guard; telephone (843) 
740-3184, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Public Participation and Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions. Documents mentioned in this notice, and all public 
comments, are in our online docket at http://www.regulations.gov and 
can be viewed by following that Web site's instructions. Additionally, 
if you go to the online docket and sign up for email alerts, you will 
be notified when comments are posted or a final rule is published.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).

II. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

III. Basis, Purpose, and Background

    On February 8, 2016, Set Up Events notified the Coast Guard that it 
will be sponsoring the Xterra Myrtle Beach Swim from 7:15 a.m. to 9:15 
a.m. on April 24, 2016. The legal basis for the proposed rule is the 
Coast Guard's Authority to establish a safety zone: 33 CFR part 165. 
The purpose of the proposed rule is to ensure safety of life on the 
navigable water of the United States during the swim portion of the 
Xterra Myrtle Beach Triathlon.

IV. Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary safety zone on 
the Atlantic Intracoastal Waterway in Myrtle Beach, South Carolina 
during the Xterra Myrtle Beach Triathlon, on April 24, 2016. 
Approximately 75 swimmers are anticipated to participate in the race. 
Persons and vessels desiring to enter, transit through, anchor in, or 
remain within the regulated area may contact the 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, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a designated representative. The Coast Guard will 
provide notice of the safety zone by Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.

V. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders (E.O.s) related to rulemaking. Below we summarize 
our analyses based on a number of these statutes and executive orders.

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planing and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') direct agencies to 
assess the costs and benefits of available regulatory alternatives and, 
if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
E.O.13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility.
    This proposed rule is not a significant regulatory action under 
section 3(f) of E.O. 12866, as supplemented by E.O. 13563, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of E.O. 12866. The Office of Management and Budget (OMB) has 
not reviewed it under E.O. 12866.
    The economic impact of this proposed rule is not significant for 
the following reasons: (1) The temporary safety zone would be enforced 
for only two hours; (2) although persons and vessels would not be able 
to enter, transit through, anchor in, or remain within the regulated 
area without authorization from the Captain of the Port Charleston or a 
designated representative, they would be able to operate in the 
surrounding area during the enforcement periods; (3) persons and 
vessels would still be able to enter, transit through, anchor in, or 
remain within the regulated area if authorized by the Captain of the 
Port Charleston or a designated representative; and (4) the Coast Guard 
would provide advance notification of the regulated area to the local 
maritime community by Local Notice to Mariners and Broadcast Notice to 
Mariners.

B. Impact on Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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.
    This rule may affect the following entities, some of which may be 
small entities: The owner or operators of vessels intending to enter, 
transit through, anchor in, or remain within the regulated area during 
the enforcement period. However, for the reasons discussed in 
Regulatory Planning and Review section above, this rule will not have a 
significant economic impact on a substantial number of small entities.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this rule would have a significant economic impact on it, 
please submit a comment (see ADDRESSES) explaining why you think it 
qualifies and how and to what degree this rule would economically 
affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121, we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on

[[Page 11163]]

them and participate in the rulemaking. If the proposed rule would 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please consult Lieutenant John Downing using the contact 
information given in FOR FURTHER INFORMATION CONTACT. 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.
    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).

D. Collection of Information

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

E. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under E.O. 12630 (``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'').

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under E.O. 
13175 (``Consultation and Coordination with Indian Tribal 
Governments''), because it would not have a substantial direct effect 
on one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this proposed rule under E.O. 13211 (``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use''). We have determined that it is not a 
``significant energy action'' under that order because it is not a 
``significant regulatory action'' under E.O. 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act, codified as a 
note to 15 U.S.C. 272, directs agencies to use voluntary consensus 
standards in their regulatory activities unless the agency provides 
Congress, through OMB, with an explanation of why using these standards 
would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., 
specifications of materials, performance, design, or operation; test 
methods; sampling procedures; and related management systems practices) 
that are developed or adopted by voluntary consensus standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

M. Environment

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

N. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Marine Safety, Navigation (water), Reporting and recordkeeping 
requirements, 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. 1226, 1231; 50 U.S.C. 191; 33 CFR 1.05-
1(g), 6.04-1, and 160.5; Department of Homeland Security Delegation 
No. 0170.1.
0
2. Add a temporary Sec.  165.T07-0115 to read as follows:


Sec.  165.T07-0115  Safety Zone; Xterra Swim, Myrtle Beach SC.

    (a) Regulated area. The rule establishes a temporary safety zone on 
certain waters of Intracoastal Waterway, Myrtle Beach, South Carolina. 
The temporary safety zone consists of the following two points of 
position and the North shore: 33[deg]45.076 N., 78[deg]50.790 W., to 
33[deg]45.323 N., 78[deg]50.214 W. All coordinates are North American 
Datum 1983.

[[Page 11164]]

    (b) Definition. As used in this section, ``designated 
representative'' means Coast Guard Patrol Commanders, including Coast 
Guard coxswains, petty officers, and other officers operating Coast 
Guard vessels, and Federal, state, and local officers designated by or 
assisting the Captain of the Port Charleston in the enforcement of the 
regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area, except persons and vessels participating in the Xterra 
Swim, Myrtle Beach, or serving as safety vessels.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the 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, 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 
Marine Safety Information Bulletins, Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement period. This rule will be enforced on April 24, 
2016 from 7:15 a.m. until 9:15 a.m.

    Dated: February 26, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-04664 Filed 3-2-16; 8:45 am]
BILLING CODE 9110-04-P



                                                                            Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Proposed Rules                                                 11161

                                                    credit. In the Rules and Regulations                    chapter 6) does not apply. Pursuant to                  (C) [The text of the proposed
                                                    section of this issue of the Federal                    section 7805(f) of the Internal Revenue               amendments to § 1.42–10(e)(1)(i)(C) is
                                                    Register, the IRS is issuing temporary                  Code, this notice of proposed                         the same as the text of § 1.42–
                                                    regulations concerning utility allowance                rulemaking has been submitted to the                  10T(e)(1)(i)(C) published elsewhere in
                                                    regulations when the utility is generated               Chief Counsel for Advocacy of the Small               this issue of the Federal Register].
                                                    from renewable sources and is not                       Business Administration for comment                   *     *     *     *    *
                                                    delivered by the local utility company.                 on its impact on small business.                        (iv) * * *
                                                    The text of those regulations also serves                                                                       (B) [The text of the proposed
                                                                                                            Comments and Requests for Public
                                                    as the text of these proposed                                                                                 amendments to § 1.42–10(e)(1)(iv)(B) is
                                                                                                            Hearing
                                                    regulations. This document also                                                                               the same as the text of § 1.42–
                                                    contains a notice of a public hearing on                   Before these proposed regulations are              10T(e)(1)(iv)(B) published elsewhere in
                                                    these proposed regulations.                             adopted as final regulations,                         this issue of the Federal Register].
                                                    DATES: Comments and requests for a                      consideration will be given to any                    *     *     *     *    *
                                                    public hearing must be received by May                  written comments (a signed original and
                                                                                                            eight (8) copies) or electronic comments              John Dalrymple,
                                                    2, 2016.
                                                    ADDRESSES: Send submissions to:
                                                                                                            that are submitted timely to the IRS as               Deputy Commissioner for Services and
                                                                                                            prescribed in this preamble under the                 Enforcement.
                                                    CC:PA:LPD:PR (REG–123867–14), Room
                                                    5203, Internal Revenue Service, P.O.                    ‘‘ADDRESSES’’ heading. The IRS and the                [FR Doc. 2016–04618 Filed 3–2–16; 8:45 am]

                                                    Box 7604, Ben Franklin Station,                         Treasury Department request comments                  BILLING CODE 4830–01–P

                                                    Washington, DC 20044. Submissions                       on all aspects of the proposed
                                                    may be hand-delivered Monday through                    regulations. All comments that are
                                                    Friday between the hours of 8 a.m. and                  submitted by the public will be                       DEPARTMENT OF HOMELAND
                                                    4 p.m. to CC:PA:LPD:PR (REG–123867–                     available for public inspection and                   SECURITY
                                                    14), Courier’s Desk, Internal Revenue                   copying at www.regulations.gov or upon
                                                                                                            request. A public hearing will be                     Coast Guard
                                                    Service, 1111 Constitution Avenue NW.,
                                                    Washington, DC, or sent electronically,                 scheduled if requested in writing by any
                                                                                                            person that timely submits comments. If               33 CFR Part 165
                                                    via the Federal eRulemaking Portal at
                                                    http://www.regulations.gov/ (IRS REG–                   a public hearing is scheduled, notice of              [Docket Number USCG–2016–0115]
                                                    123867–14).                                             the date, time, and place for the public
                                                                                                            hearing will be published in the Federal              RIN 1625–AA00
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            Register.
                                                    Concerning the proposed regulations,                                                                          Safety Zone; Xterra Swim, Myrtle
                                                    James Rider at (202) 317–4137;                          Drafting Information                                  Beach, SC Intracoastal Waterway;
                                                    concerning submissions of comments                        The principal author of these                       Myrtle Beach, SC
                                                    and requests for a public hearing,                      regulations is David Selig, Office of the
                                                    Oluwafunmilayo Taylor at (202) 317–                                                                           AGENCY:   Coast Guard, DHS.
                                                                                                            Associate Chief Counsel (Passthroughs                 ACTION:   Notice of proposed rulemaking.
                                                    6901 (not toll-free numbers).                           and Special Industries), IRS. However,
                                                    SUPPLEMENTARY INFORMATION:                              other personnel from the IRS and the                  SUMMARY:   The Coast Guard proposes to
                                                    Background                                              Treasury Department participated in                   issue a temporary safety zone on the
                                                                                                            their development.                                    waters of the Intracoastal Waterway in
                                                       Temporary regulations in the Rules                                                                         Myrtle Beach, South Carolina. The
                                                    and Regulations section of this issue of                List of Subjects in 26 CFR Part 1
                                                                                                                                                                  Xterra Swim is scheduled to take place
                                                    the Federal Register amend 26 CFR part                    Income taxes, Reporting and                         on Sunday, April 24, 2016. The
                                                    1. The temporary regulations provide a                  recordkeeping requirements.                           temporary safety zone is necessary for
                                                    special rule for a renewable-source                                                                           the safety of the swimmers, participant
                                                    utility arrangement in which the                        Proposed Amendments to the
                                                                                                            Regulations                                           vessels, spectators, and the general
                                                    building owner does not pay a local                                                                           public during the event. The temporary
                                                    utility company for the utility                           Accordingly, 26 CFR part 1 is                       safety zone will restrict vessel traffic in
                                                    consumed by the tenant. The text of                     proposed to be amended as follows:                    a portion of the Intracoastal Waterway,
                                                    those regulations also serves as the text                                                                     preventing non-participant vessels from
                                                    of these regulations. The preamble to                   PART 1—INCOME TAXES
                                                                                                                                                                  entering, transiting through, anchoring
                                                    the temporary regulations explains the                                                                        in, or remaining within the regulated
                                                    temporary regulations and these                         ■ Paragraph 1. The authority citation
                                                                                                            for part 1 continues to read in part as               area unless authorized by the Captain of
                                                    proposed regulations.                                                                                         the Port Charleston or a designated
                                                                                                            follows:
                                                    Special Analyses                                                                                              representative.
                                                                                                                Authority: 26 U.S.C. 7805 * * *
                                                      Certain IRS regulations, including this                                                                     DATES: Comments and related material
                                                                                                            ■ Par. 2. Section 1.42–10(e)(1)(i)(B) and
                                                    one, are exempt from the requirements                   (C), and (e)(1)(iv)(B) are revised to read            must be received by the Coast Guard on
                                                    of Executive Order 12866, as                            as follows:                                           or before April 4, 2016.
                                                    supplemented and reaffirmed by                                                                                ADDRESSES: You may submit comments
                                                    Executive Order 13563. Therefore, a                     § 1.42–10    Utility allowances.                      identified by docket number USCG–
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    regulatory assessment is not required. It               *     *     *     *    *                              2016–0115 using the Federal
                                                    also has been determined that section                     (e) * * * (1) * * *                                 eRulemaking Portal at http://
                                                    553(b) of the Administrative Procedure                    (i) * * *                                           www.regulations.gov. See the ‘‘Public
                                                    Act (5 U.S.C. chapter 5) does not apply                   (B) [The text of the proposed                       Participation and Request for
                                                    to this regulation, and because the                     amendments to § 1.42–10(e)(1)(i)(B) is                Comments’’ portion of the
                                                    regulation does not impose a collection                 the same as the text of § 1.42–                       SUPPLEMENTARY INFORMATION section for
                                                    of information on small entities, the                   10T(e)(1)(i)(B) published elsewhere in                further instructions on submitting
                                                    Regulatory Flexibility Act (5 U.S.C.                    this issue of the Federal Register].                  comments.


                                               VerDate Sep<11>2014   17:24 Mar 02, 2016   Jkt 238001   PO 00000   Frm 00030   Fmt 4702   Sfmt 4702   E:\FR\FM\03MRP1.SGM   03MRP1


                                                    11162                   Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Proposed Rules

                                                    FOR FURTHER INFORMATION CONTACT:   If                   Authority to establish a safety zone: 33                 The economic impact of this proposed
                                                    you have questions about this proposed                  CFR part 165. The purpose of the                      rule is not significant for the following
                                                    rulemaking, call or email Lieutenant                    proposed rule is to ensure safety of life             reasons: (1) The temporary safety zone
                                                    John Downing, Sector Charleston Office                  on the navigable water of the United                  would be enforced for only two hours;
                                                    of Waterways Management, Coast                          States during the swim portion of the                 (2) although persons and vessels would
                                                    Guard; telephone (843) 740–3184, email                  Xterra Myrtle Beach Triathlon.                        not be able to enter, transit through,
                                                    John.Z.Downing@uscg.mil.                                                                                      anchor in, or remain within the
                                                                                                            IV. Discussion of Proposed Rule                       regulated area without authorization
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                               The Coast Guard proposes to establish              from the Captain of the Port Charleston
                                                    I. Public Participation and Comments                                                                          or a designated representative, they
                                                                                                            a temporary safety zone on the Atlantic
                                                       We view public participation as                      Intracoastal Waterway in Myrtle Beach,                would be able to operate in the
                                                    essential to effective rulemaking, and                  South Carolina during the Xterra Myrtle               surrounding area during the
                                                    will consider all comments and material                 Beach Triathlon, on April 24, 2016.                   enforcement periods; (3) persons and
                                                    received during the comment period.                     Approximately 75 swimmers are                         vessels would still be able to enter,
                                                    Your comment can help shape the                         anticipated to participate in the race.               transit through, anchor in, or remain
                                                    outcome of this rulemaking. If you                      Persons and vessels desiring to enter,                within the regulated area if authorized
                                                    submit a comment, please include the                    transit through, anchor in, or remain                 by the Captain of the Port Charleston or
                                                    docket number for this rulemaking,                      within the regulated area may contact                 a designated representative; and (4) the
                                                    indicate the specific section of this                   the Captain of the Port Charleston by                 Coast Guard would provide advance
                                                    document to which each comment                          telephone at (843) 740–7050, or a                     notification of the regulated area to the
                                                    applies, and provide a reason for each                  designated representative via VHF radio               local maritime community by Local
                                                    suggestion or recommendation.                           on channel 16, to request authorization.              Notice to Mariners and Broadcast Notice
                                                       We encourage you to submit                           If authorization to enter, transit through,           to Mariners.
                                                    comments through the Federal                            anchor in, or remain within the
                                                    eRulemaking Portal at http://                                                                                 B. Impact on Small Entities
                                                                                                            regulated area is granted, all persons
                                                    www.regulations.gov. If your material                                                                            Under the Regulatory Flexibility Act,
                                                                                                            and vessels receiving such authorization
                                                    cannot be submitted using http://                                                                             5 U.S.C. 601–612, we have considered
                                                                                                            must comply with the instructions of
                                                    www.regulations.gov, contact the person                                                                       whether this proposed rule would have
                                                                                                            the Captain of the Port Charleston or a
                                                    in the FOR FURTHER INFORMATION                                                                                a significant economic impact on a
                                                                                                            designated representative. The Coast
                                                    CONTACT section of this document for                                                                          substantial number of small entities.
                                                                                                            Guard will provide notice of the safety
                                                    alternate instructions. Documents                                                                             The term ‘‘small entities’’ comprises
                                                                                                            zone by Local Notice to Mariners,
                                                    mentioned in this notice, and all public                                                                      small businesses, not-for-profit
                                                                                                            Broadcast Notice to Mariners, and on-
                                                    comments, are in our online docket at                                                                         organizations that are independently
                                                                                                            scene designated representatives.
                                                    http://www.regulations.gov and can be                                                                         owned and operated and are not
                                                    viewed by following that Web site’s                     V. Regulatory Analyses                                dominant in their fields, and
                                                    instructions. Additionally, if you go to                                                                      governmental jurisdictions with
                                                                                                              We developed this proposed rule after
                                                    the online docket and sign up for email                                                                       populations of less than 50,000.
                                                                                                            considering numerous statutes and                        This rule may affect the following
                                                    alerts, you will be notified when
                                                                                                            Executive Orders (E.O.s) related to                   entities, some of which may be small
                                                    comments are posted or a final rule is
                                                                                                            rulemaking. Below we summarize our                    entities: The owner or operators of
                                                    published.
                                                       We accept anonymous comments. All                    analyses based on a number of these                   vessels intending to enter, transit
                                                    comments received will be posted                        statutes and executive orders.                        through, anchor in, or remain within the
                                                    without change to http://                               A. Regulatory Planning and Review                     regulated area during the enforcement
                                                    www.regulations.gov and will include                                                                          period. However, for the reasons
                                                    any personal information you have                          E.O.s 12866 (‘‘Regulatory Planing and              discussed in Regulatory Planning and
                                                    provided. For more about privacy and                    Review’’) and 13563 (‘‘Improving                      Review section above, this rule will not
                                                    the docket, you may review a Privacy                    Regulation and Regulatory Review’’)                   have a significant economic impact on
                                                    Act notice regarding the Federal Docket                 direct agencies to assess the costs and               a substantial number of small entities.
                                                    Management System in the March 24,                      benefits of available regulatory                         Therefore, the Coast Guard certifies
                                                    2005, issue of the Federal Register (70                 alternatives and, if regulation is                    under 5 U.S.C. 605(b) that this proposed
                                                    FR 15086).                                              necessary, to select regulatory                       rule would not have a significant
                                                                                                            approaches that maximize net benefits                 economic impact on a substantial
                                                    II. Table of Abbreviations                              (including potential economic,                        number of small entities. If you think
                                                    CFR Code of Federal Regulations                         environmental, public health and safety               that your business, organization, or
                                                    DHS Department of Homeland Security                     effects, distributive impacts, and                    governmental jurisdiction qualifies as a
                                                    E.O. Executive order                                    equity). E.O.13563 emphasizes the                     small entity and that this rule would
                                                    FR Federal Register                                     importance of quantifying both costs                  have a significant economic impact on
                                                    NPRM Notice of proposed rulemaking                      and benefits, of reducing costs, of
                                                    Pub. L. Public Law                                                                                            it, please submit a comment (see
                                                                                                            harmonizing rules, and of promoting                   ADDRESSES) explaining why you think it
                                                    § Section
                                                    U.S.C. United States Code
                                                                                                            flexibility.                                          qualifies and how and to what degree
                                                                                                               This proposed rule is not a significant
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                                                    COTP Captain of the Port                                                                                      this rule would economically affect it.
                                                                                                            regulatory action under section 3(f) of
                                                    III. Basis, Purpose, and Background                     E.O. 12866, as supplemented by E.O.                   C. Assistance for Small Entities
                                                       On February 8, 2016, Set Up Events                   13563, and does not require an                          Under section 213(a) of the Small
                                                    notified the Coast Guard that it will be                assessment of potential costs and                     Business Regulatory Enforcement
                                                    sponsoring the Xterra Myrtle Beach                      benefits under section 6(a)(3) of E.O.                Fairness Act of 1996, Public Law 104–
                                                    Swim from 7:15 a.m. to 9:15 a.m. on                     12866. The Office of Management and                   121, we want to assist small entities in
                                                    April 24, 2016. The legal basis for the                 Budget (OMB) has not reviewed it under                understanding this proposed rule so that
                                                    proposed rule is the Coast Guard’s                      E.O. 12866.                                           they can better evaluate its effects on


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                                                                            Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Proposed Rules                                             11163

                                                    them and participate in the rulemaking.                 have taking implications under E.O.                   not consider the use of voluntary
                                                    If the proposed rule would affect your                  12630 (‘‘Governmental Actions and                     consensus standards.
                                                    small business, organization, or                        Interference with Constitutionally
                                                                                                                                                                  M. Environment
                                                    governmental jurisdiction and you have                  Protected Property Rights’’).
                                                    questions concerning its provisions or                                                                          We have analyzed this proposed rule
                                                                                                            H. Civil Justice Reform                               under Department of Homeland
                                                    options for compliance, please consult
                                                    Lieutenant John Downing using the                         This proposed rule meets applicable                 Security Management Directive 023–01
                                                    contact information given in FOR                        standards in sections 3(a) and 3(b)(2) of             and Commandant Instruction
                                                    FURTHER INFORMATION CONTACT. The                        E.O. 12988, (‘‘Civil Justice Reform’’), to            M16475.lD, which guide the Coast
                                                    Coast Guard will not retaliate against                  minimize litigation, eliminate                        Guard in complying with the National
                                                    small entities that question or complain                ambiguity, and reduce burden.                         Environmental Policy Act of 1969 (42
                                                    about this rule or any policy or action                                                                       U.S.C. 4321–4370f), and have made a
                                                                                                            I. Protection of Children                             preliminary determination that this
                                                    of the Coast Guard.
                                                       Small businesses may send comments                     We have analyzed this proposed rule                 action is one of a category of actions that
                                                    on the actions of Federal employees                     under E.O. 13045 (‘‘Protection of                     do not individually or cumulatively
                                                    who enforce, or otherwise determine                     Children from Environmental Health                    have a significant effect on the human
                                                    compliance with, Federal regulations to                 Risks and Safety Risks’’). This rule is               environment. This proposed rule
                                                    the Small Business and Agriculture                      not an economically significant rule and              involves a temporary safety zone issued
                                                    Regulatory Enforcement Ombudsman                        would not create an environmental risk                in conjunction with a regatta or marine
                                                    and the Regional Small Business                         to health or risk to safety that might                parade. This rule is categorically
                                                    Regulatory Fairness Boards. The                         disproportionately affect children.                   excluded from further review under
                                                    Ombudsman evaluates these actions                                                                             paragraph 34(g) of Figure 2–1 of the
                                                    annually and rates each agency’s                        J. Indian Tribal Governments                          Commandant Instruction. We seek any
                                                    responsiveness to small business. If you                                                                      comments or information that may lead
                                                                                                               This proposed rule does not have
                                                    wish to comment on actions by                                                                                 to the discovery of a significant
                                                                                                            tribal implications under E.O. 13175
                                                    employees of the Coast Guard, call 1–                                                                         environmental impact from this rule.
                                                                                                            (‘‘Consultation and Coordination with
                                                    888–REG–FAIR (1–888–734–3247).                          Indian Tribal Governments’’), because it              N. Protest Activities
                                                    D. Collection of Information                            would not have a substantial direct                     The Coast Guard respects the First
                                                                                                            effect on one or more Indian tribes, on               Amendment rights of protesters.
                                                      This proposed rule would not call for                 the relationship between the Federal
                                                    a new collection of information under                                                                         Protesters are asked to contact the
                                                                                                            Government and Indian tribes, or on the               person listed in the FOR FURTHER
                                                    the Paperwork Reduction Act of 1995                     distribution of power and                             INFORMATION CONTACT section to
                                                    (44 U.S.C. 3501–3520).                                  responsibilities between the Federal                  coordinate protest activities so that your
                                                    E. Federalism and Indian Tribal                         Government and Indian tribes.                         message can be received without
                                                    Governments                                             K. Energy Effects                                     jeopardizing the safety or security of
                                                       A rule has implications for federalism                                                                     people, places, or vessels.
                                                                                                               We have analyzed this proposed rule
                                                    under E.O. 13132, Federalism, if it has                                                                       List of Subjects in 33 CFR Part 165
                                                                                                            under E.O. 13211 (‘‘Actions Concerning
                                                    a substantial direct effect on the States,
                                                                                                            Regulations That Significantly Affect                   Marine Safety, Navigation (water),
                                                    on the relationship between the national
                                                                                                            Energy Supply, Distribution, or Use’’).               Reporting and recordkeeping
                                                    government and the States, or on the
                                                                                                            We have determined that it is not a                   requirements, Waterways.
                                                    distribution of power and
                                                                                                            ‘‘significant energy action’’ under that                For the reasons discussed in the
                                                    responsibilities among the various
                                                                                                            order because it is not a ‘‘significant               preamble, the Coast Guard proposes to
                                                    levels of government. We have analyzed
                                                                                                            regulatory action’’ under E.O. 12866 and              amend 33 CFR part 165 as follows:
                                                    this proposed rule under that Order and
                                                                                                            is not likely to have a significant
                                                    have determined that it is consistent
                                                                                                            adverse effect on the supply,                         PART 165—REGULATED NAVIGATION
                                                    with the fundamental federalism
                                                                                                            distribution, or use of energy.                       AREAS AND LIMITED ACCESS AREAS
                                                    principles and preemption requirements
                                                    described in E.O. 13132.                                L. Technical Standards                                ■ 1. The authority citation for part 165
                                                    F. Unfunded Mandates Reform Act                           The National Technology Transfer                    continues to read as follows:
                                                       The Unfunded Mandates Reform Act                     and Advancement Act, codified as a                      Authority: 33 U.S.C. 1226, 1231; 50 U.S.C.
                                                                                                            note to 15 U.S.C. 272, directs agencies               191; 33 CFR 1.05–1(g), 6.04–1, and 160.5;
                                                    of 1995 (2 U.S.C. 1531–1538) requires                                                                         Department of Homeland Security Delegation
                                                    Federal agencies to assess the effects of               to use voluntary consensus standards in
                                                                                                                                                                  No. 0170.1.
                                                    their discretionary regulatory actions. In              their regulatory activities unless the
                                                                                                                                                                  ■ 2. Add a temporary § 165.T07–0115 to
                                                    particular, the Act addresses actions                   agency provides Congress, through
                                                                                                                                                                  read as follows:
                                                    that may result in the expenditure by a                 OMB, with an explanation of why using
                                                    State, local, or tribal government, in the              these standards would be inconsistent                 § 165.T07–0115 Safety Zone; Xterra Swim,
                                                    aggregate, or by the private sector of                  with applicable law or otherwise                      Myrtle Beach SC.
                                                    $100,000,000 (adjusted for inflation) or                impractical. Voluntary consensus                        (a) Regulated area. The rule
                                                                                                            standards are technical standards (e.g.,              establishes a temporary safety zone on
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                                                    more in any one year. Though this
                                                    proposed rule would not result in such                  specifications of materials, performance,             certain waters of Intracoastal Waterway,
                                                    an expenditure, we do discuss the                       design, or operation; test methods;                   Myrtle Beach, South Carolina. The
                                                    effects of this rule elsewhere in this                  sampling procedures; and related                      temporary safety zone consists of the
                                                    preamble.                                               management systems practices) that are                following two points of position and the
                                                                                                            developed or adopted by voluntary                     North shore: 33°45.076 N., 78°50.790
                                                    G. Taking of Private Property                           consensus standards bodies.                           W., to 33°45.323 N., 78°50.214 W. All
                                                      This proposed rule would not cause a                    This proposed rule does not use                     coordinates are North American Datum
                                                    taking of private property or otherwise                 technical standards. Therefore, we did                1983.


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                                                    11164                    Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Proposed Rules

                                                       (b) Definition. As used in this section,             Stamp Program, and clarify how many                   proposal supersedes (but incorporates)
                                                    ‘‘designated representative’’ means                     semipostal stamps issued under that                   the amendments previously published
                                                    Coast Guard Patrol Commanders,                          program may be on sale at any one time.               on January 22, 2016. The proposed
                                                    including Coast Guard coxswains, petty                  DATES: Comments must be received on                   changes are summarized below.
                                                    officers, and other officers operating                  or before April 4, 2016.                              Proposed Changes
                                                    Coast Guard vessels, and Federal, state,                ADDRESSES: Mail or deliver written
                                                    and local officers designated by or                                                                              The proposed revision of § 551.3
                                                                                                            comments to the Manager, Stamp
                                                    assisting the Captain of the Port                                                                             streamlines and simplifies the selection
                                                                                                            Products & Exhibitions, U.S. Postal
                                                    Charleston in the enforcement of the                                                                          process for the causes to receive funds
                                                                                                            Service®, 475 L’Enfant Plaza SW., Room
                                                    regulated areas.                                                                                              raised through the sale of semipostal
                                                                                                            3306, Washington DC 20260. You may
                                                       (c) Regulations. (1) All persons and                                                                       stamps, and states the Postal Service’s
                                                                                                            inspect and photocopy all written
                                                    vessels are prohibited from entering,                                                                         intention to issue five such stamps over
                                                                                                            comments at the Stamp Products &
                                                    transiting through, anchoring in, or                                                                          the statutory ten-year period. It also
                                                                                                            Exhibitions office by appointment only                notifies the public that no further
                                                    remaining within the regulated area,                    between the hours of 9 a.m. and 4 p.m.,
                                                    except persons and vessels participating                                                                      consideration will be given to
                                                                                                            Monday through Friday, by calling 202–                previously submitted proposals but that
                                                    in the Xterra Swim, Myrtle Beach, or                    268–6711 in advance. Email and faxed
                                                    serving as safety vessels.                                                                                    such proposals may be resubmitted
                                                                                                            comments are not accepted.                            under the revised regulations. The
                                                       (2) Persons and vessels desiring to
                                                                                                            FOR FURTHER INFORMATION CONTACT: Lori                 paragraph relating to proposals
                                                    enter, transit through, anchor in, or
                                                                                                            Mazzone, Manager, Stamp Products &                    regarding the same subject and
                                                    remain within the regulated area may
                                                                                                            Exhibitions, 202–268–6711,                            proposals for the sharing of funds
                                                    contact the Captain of the Port
                                                                                                            lori.l.mazzone@usps.gov.                              between two agencies is edited for
                                                    Charleston by telephone at (843) 740–
                                                    7050, or a designated representative via                SUPPLEMENTARY INFORMATION:                            clarity and moved to § 551.4, concerning
                                                    VHF radio on channel 16, to request                     Background                                            submission requirements and criteria,
                                                    authorization. If authorization to enter,                                                                     where it more appropriately belongs.
                                                                                                               The Semipostal Authorization Act,                     The proposed revision of § 551.4
                                                    transit through, anchor in, or remain
                                                                                                            Pub. L. 106–253, grants the Postal                    sharpens the submission requirements
                                                    within the regulated area is granted, all
                                                                                                            Service discretionary authority to issue              and, among other things, makes Postal
                                                    persons and vessels receiving such
                                                                                                            and sell semipostal stamps to advance                 Service employees ineligible to submit
                                                    authorization must comply with the
                                                                                                            such causes as it considers to be ‘‘in the            proposals for semipostal stamps.
                                                    instructions of the Captain of the Port
                                                                                                            national public interest and                             The proposed revision of § 551.5(a)
                                                    Charleston or a designated
                                                                                                            appropriate.’’ See 39 U.S.C. 416(b). On               would remove certain restrictions on the
                                                    representative.
                                                       (3) The Coast Guard will provide                     June 12, 2001, the Postal Service                     commencement date of the
                                                    notice of the regulated area by Marine                  published a final rule establishing the               discretionary Semipostal Stamp
                                                    Safety Information Bulletins, Local                     regulations in 39 CFR part 551 for the                Program. Under current regulations, the
                                                    Notice to Mariners, Broadcast Notice to                 discretionary Semipostal Stamp                        10-year period for the discretionary
                                                    Mariners, and on-scene designated                       Program (66 FR 31826). Minor revisions                semipostal stamp program commences
                                                    representatives.                                        were made to these regulations to                     on a date determined by the Office of
                                                       (d) Enforcement period. This rule will               implement Pub. L. 107–67, 115 Stat. 514               Stamp Services, but that date must be
                                                    be enforced on April 24, 2016 from 7:15                 (2001), and to reflect minor                          after the sales period of the Breast
                                                    a.m. until 9:15 a.m.                                    organizational changes in the Postal                  Cancer Research stamp (BCRS) is
                                                                                                            Service (67 FR 5215 (February 5, 2002)).              concluded. Most recently, Public Law
                                                      Dated: February 26, 2016.                             On February 19, 2004, the Postal Service              114–99 (December 11, 2015) extended
                                                    G.L. Tomasulo,                                          published a final rule clarifying the                 that sales period to December 31, 2019.
                                                    Captain, U.S. Coast Guard, Captain of the               cost-offset policy for semipostal stamps              Under the proposed revision, the 10-
                                                    Port Charleston.                                        (69 FR 7688), and on February 9, 2005,                year period will commence on a date
                                                    [FR Doc. 2016–04664 Filed 3–2–16; 8:45 am]              the Postal Service also published an                  determined by the Office of Stamp
                                                    BILLING CODE 9110–04–P                                  additional minor clarifying revision to               Services, but the date need not be after
                                                                                                            these cost-offset regulations (70 FR                  the BCRS sale period concludes.
                                                                                                            6764).                                                   The proposed revision of § 551.5(b)
                                                    POSTAL SERVICE                                             Most recently, on January 22, 2016,                would clarify that although only one
                                                                                                            the Postal Service published a proposed               semipostal stamp under the
                                                    39 CFR Part 551                                         amendment to 39 CFR 551.5 to remove                   discretionary Semipostal Stamp
                                                                                                            certain restrictions on the                           Program under 39 U.S.C. 416 (a
                                                    Semipostal Stamp Program                                commencement date for the                             ‘‘discretionary program semipostal
                                                    AGENCY:    Postal ServiceTM.                            discretionary Semipostal Stamp                        stamp’’) will be offered for sale at any
                                                    ACTION:   Proposed rule.                                Program, and clarify how many                         one time, other semipostal stamps
                                                                                                            semipostal stamps issued under that                   required to be issued by Congress (such
                                                    SUMMARY:    This proposed rule would                    program may be on sale at any one time                as the BCRS) may be on sale when a
                                                    revise the provisions governing the                     (81 FR 3762).                                         discretionary program semipostal stamp
                                                    Postal Service’s discretionary                             Upon further consideration, however,               is on sale. Current regulations state that
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                                                    Semipostal Stamp Program to simplify                    it was determined that a further revision             the Postal Service will offer only one
                                                    and expedite the process for selecting                  of the rules concerning the discretionary             semipostal stamp for sale at any given
                                                    causes for semipostal stamps, and                       Semipostal Stamp Program was                          time during the 10-year period (not
                                                    facilitate the issuance of five such                    necessary to facilitate its smooth and                specifying whether it is a discretionary
                                                    stamps over a 10-year period. It would                  efficient operation. Accordingly, the                 program semipostal stamp or a
                                                    also remove certain restrictions on the                 Postal Service now proposes and invites               semipostal stamp required by Congress).
                                                    commencement date for the Postal                        comments upon a more detailed                         Under the proposed revision, the one-at-
                                                    Service’s discretionary Semipostal                      revision of 39 CFR part 551. This                     a-time limitation on the sale of


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Document Created: 2016-03-03 03:51:35
Document Modified: 2016-03-03 03:51:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before April 4, 2016.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant John Downing, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]
FR Citation81 FR 11161 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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