81 FR 23632 - Safety Zone; Xterra Swim, Myrtle Beach, SC Intracoastal Waterway; Myrtle Beach, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 78 (April 22, 2016)

Page Range		23632-23633
FR Document		2016-09345

The Coast Guard is establishing a temporary safety zone on the waters of the Intracoastal Waterway in Myrtle Beach, South Carolina on Sunday, April 24, 2016 for the Xterra Swim. 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 78 (Friday, April 22, 2016)

[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Rules and Regulations]
[Pages 23632-23633]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09345]



[[Page 23632]]

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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Intracoastal Waterway in Myrtle Beach, South Carolina on 
Sunday, April 24, 2016 for the Xterra Swim. 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: This rule is effective on April 24, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov type USCG-
2016-0115 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On February 8, 2016, Set Up Events notified the Coast Guard that it 
will sponsor the Xterra Myrtle Beach Swim from 7:15 a.m. to 9:15 a.m. 
on April 24, 2016. In response, on March 3, 2016, the Coast Guard 
published a notice of proposed rulemaking (NPRM) titled, Safety Zone; 
Xterra Swim, Myrtle Beach, SC Intracoastal Waterway; Myrtle Beach, SC 
[2016 FR 04664]. There we stated why we issued the NPRM, and invited 
comments on our proposed regulatory action related to this special 
local regulation. During the comment period that ended April 4, 2016, 
we received no comments.
    Under good cause provisions in 5 U.S.C. 553(d)(3), we are making 
this rule effective less than 30 days after its publication in the 
Federal Register. The Coast Guard finds that good cause exists for 
making this rule effective starting April 24, 2016 because the Coast 
Guard did not receive notice of this event in time to publish an NPRM 
and publish a final rule 30 days before the event. The Coast Guard also 
finds good cause for making this rule effective less than 30 days after 
publication in the Federal Register because the public was provided 
details of the event on March 3, 2016 in the NPRM and designated 
representatives will be on scene to help the public understand how to 
comply with this rule.

III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's Authority to 
establish a safety zone: 33 U.S.C. 1231. 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 Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published March 
3, 2016. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM. This rule establishes a safety zone from 
7:15 to 9:15 a.m. on April 24, 2016. The safety zone will cover a 
portion of Atlantic Intracoastal Waterway in Myrtle Beach, South 
Carolina. 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 rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The economic impact of this 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

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this

[[Page 23633]]

rule will not have a significant economic impact on a substantial 
number of small entities. While some owners or operators of vessels 
intending to transit the safety zone may be small entities, for the 
reasons stated in section V.A above, this rule will not have a 
significant economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive 
Order13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
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 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.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, 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(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.  100.T07-0115  Safety Zone; Xterra Swim, Myrtle Beach SC.

    (a) Regulated area. A temporary safety zone is established on 
certain waters of Intracoastal Waterway, Myrtle Beach, South Carolina. 
The temporary safety zone consists of all waters between 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.
    (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: April 18, 2016.
G. L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-09345 Filed 4-21-16; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Rules and Regulations 23633

rule will not have a significant or on the distribution of power and Authority: 33 U.S.C. 1226, 1231; 50 U.S.C.
economic impact on a substantial responsibilities between the Federal 191; 33 CFR 1.05–1(g), 6.04–1, and 160.5;
number of small entities. While some Government and Indian tribes. If you Department of Homeland Security Delegation
owners or operators of vessels intending believe this rule has implications for No. 0170.1.
to transit the safety zone may be small federalism or Indian tribes, please ■ 2. Add a temporary § 165.T07–0115 to
entities, for the reasons stated in section contact the person listed in the FOR read as follows:
V.A above, this rule will not have a FURTHER INFORMATION CONTACT section.
significant economic impact on any § 100.T07–0115 Safety Zone; Xterra Swim,
vessel owner or operator. E. Unfunded Mandates Reform Act Myrtle Beach SC.
Under section 213(a) of the Small The Unfunded Mandates Reform Act (a) Regulated area. A temporary safety
Business Regulatory Enforcement of 1995 (2 U.S.C. 1531–1538) requires zone is established on certain waters of
Fairness Act of 1996 (Pub. L. 104–121), Federal agencies to assess the effects of Intracoastal Waterway, Myrtle Beach,
we want to assist small entities in their discretionary regulatory actions. In South Carolina. The temporary safety
understanding this rule. If the rule particular, the Act addresses actions zone consists of all waters between the
would affect your small business, that may result in the expenditure by a following two points of position and the
organization, or governmental State, local, or tribal government, in the North shore: 33°45.076′ N, 78°50.790′ W
jurisdiction and you have questions aggregate, or by the private sector of to 33°45.323′ N, 78°50.214′ W. All
concerning its provisions or options for $100,000,000 (adjusted for inflation) or coordinates are North American Datum
compliance, please contact the person more in any one year. Though this rule 1983.
listed in the FOR FURTHER INFORMATION will not result in such expenditure, we
CONTACT section. (b) Definition. As used in this section,
do discuss the effects of this rule
Small businesses may send comments ‘‘designated representative’’ means
elsewhere in this preamble.
on the actions of Federal employees Coast Guard Patrol Commanders,
who enforce, or otherwise determine F. Environment including Coast Guard coxswains, petty
compliance with, Federal regulations to officers, and other officers operating
We have analyzed this rule under Coast Guard vessels, and Federal, state,
the Small Business and Agriculture Department of Homeland Security
Regulatory Enforcement Ombudsman and local officers designated by or
Management Directive 023–01 and assisting the Captain of the Port
and the Regional Small Business Commandant Instruction M16475.lD,
Regulatory Fairness Boards. The Charleston in the enforcement of the
which guide the Coast Guard in regulated areas.
Ombudsman evaluates these actions complying with the National
annually and rates each agency’s Environmental Policy Act of 1969 (42 (c) Regulations. (1) All persons and
responsiveness to small business. If you U.S.C. 4321–4370f), and have made a vessels are prohibited from entering,
wish to comment on actions by preliminary determination that this transiting through, anchoring in, or
employees of the Coast Guard, call 1– action is one of a category of actions that remaining within the regulated area,
888–REG–FAIR (1–888–734–3247). The do not individually or cumulatively except persons and vessels participating
Coast Guard will not retaliate against have a significant effect on the human in the Xterra Swim, Myrtle Beach, or
small entities that question or complain environment. This rule involves a serving as safety vessels.
about this rule or any policy or action temporary safety zone issued in (2) Persons and vessels desiring to
of the Coast Guard. conjunction with a regatta or marine enter, transit through, anchor in, or
C. Collection of Information parade. This rule is categorically remain within the regulated area may
This rule will not call for a new excluded from further review under contact the Captain of the Port
collection of information under the paragraph 34(g) of Figure 2–1 of the Charleston by telephone at (843) 740–
Paperwork Reduction Act of 1995 (44 Commandant Instruction. 7050, or a designated representative via
U.S.C. 3501–3520). VHF radio on channel 16, to request
G. Protest Activities
authorization. If authorization to enter,
D. Federalism and Indian Tribal The Coast Guard respects the First transit through, anchor in, or remain
Governments Amendment rights of protesters. within the regulated area is granted, all
A rule has implications for federalism Protesters are asked to contact the persons and vessels receiving such
under Executive Order 13132, person listed in the FOR FURTHER authorization must comply with the
Federalism, if it has a substantial direct INFORMATION CONTACT section to instructions of the Captain of the Port
effect on the States, on the relationship coordinate protest activities so that your Charleston or a designated
between the national government and message can be received without representative.
the States, or on the distribution of jeopardizing the safety or security of (3) The Coast Guard will provide
power and responsibilities among the people, places or vessels. notice of the regulated area by Marine
various levels of government. We have List of Subjects in 33 CFR Part 165 Safety Information Bulletins, Local
analyzed this rule under that Order and Notice to Mariners, Broadcast Notice to
have determined that it is consistent Marine safety, Navigation (water), Mariners, and on-scene designated
with the fundamental federalism Reporting and recordkeeping representatives.
principles and preemption requirements requirements, Waterways.
(d) Enforcement period. This rule will
described in Executive Order13132. For the reasons discussed in the be enforced on April 24, 2016 from 7:15
asabaliauskas on DSK3SPTVN1PROD with RULES

Also, this rule does not have tribal preamble, the Coast Guard amends 33 a.m. until 9:15 a.m.
implications under Executive Order CFR part 165 as follows:
13175, Consultation and Coordination Dated: April 18, 2016.
with Indian Tribal Governments, PART 165—REGULATED NAVIGATION G. L. Tomasulo,
because it does not have a substantial AREAS AND LIMITED ACCESS AREAS Captain, U.S. Coast Guard, Captain of the
direct effect on one or more Indian Port Charleston.
tribes, on the relationship between the ■ 1. The authority citation for part 165 [FR Doc. 2016–09345 Filed 4–21–16; 8:45 am]
Federal Government and Indian tribes, continues to read as follows: BILLING CODE 9110–04–P

VerDate Sep<11>2014 16:23 Apr 21, 2016 Jkt 238001 PO 00000 Frm 00071 Fmt 4700 Sfmt 9990 E:\FR\FM\22APR1.SGM 22APR1

Document Created: 2017-08-22 23:37:54
Document Modified: 2017-08-22 23:37:54

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective on April 24, 2016.
Contact		If you have questions on this rule, call or email Lieutenant John Downing, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]
FR Citation		81 FR 23632
RIN Number		1625-AA00
CFR Associated		Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

81 FR 23632 - Safety Zone; Xterra Swim, Myrtle Beach, SC Intracoastal Waterway; Myrtle Beach, SC

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 78 (April 22, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard