81 FR 36494 - Safety Zone, Swim Around Charleston; Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 109 (June 7, 2016)

Page Range		36494-36496
FR Document		2016-13325

The Coast Guard proposes to establish a temporary moving safety zone during the Swim Around Charleston, a swimming race occurring on the Wando River, the Cooper River, Charleston Harbor, and the Ashley River, in Charleston, South Carolina scheduled for September 25, 2016. The temporary moving safety zone is necessary to protect swimmers, participant vessels, spectators, and the general public during the event. Persons and vessels would be prohibited from entering the safety zone unless authorized by the Captain of the Port Charleston or a designated representative.

Federal Register, Volume 81 Issue 109 (Tuesday, June 7, 2016)

[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Proposed Rules]
[Pages 36494-36496]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-13325]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0241]
RIN 1625-AA00

Safety Zone, Swim Around Charleston; Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary moving
safety zone during the Swim Around Charleston, a swimming race
occurring on the Wando River, the Cooper River, Charleston Harbor, and
the Ashley River, in Charleston, South Carolina scheduled for September
25, 2016. The temporary moving safety zone is necessary to protect
swimmers, participant vessels, spectators, and the general public
during the event. Persons and vessels would be prohibited from entering
the safety zone 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 July 7, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0241 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.

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 John.Z.Downing@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. 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

II. Background, Purpose, and Legal Basis

On March 17, 2016, Kathleen Wilson notified the Coast Guard that
she will be sponsoring the Swim Around Charleston from 9 a.m. to 3:30
p.m. on September 25, 2016. The legal basis for the proposed 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 Swim Around Charleston.

III. Discussion of Proposed Rule

The Coast Guard proposes to establish a temporary safety zone on
the waters of the Wando River, Cooper River, Charleston Harbor, and
Ashley River, in

[[Page 36495]]

Charleston, South Carolina during Swim Around Charleston on September
25, 2016. Approximately 120 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.

IV. Regulatory Analyses

We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes 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 NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
The economic impact of this proposed rule is not significant for
the following reasons: (1) The safety zone would be enforced for only
seven hours; (2) the safety zone would move with the participant
vessels so that once the swimmers clear a portion of the waterway, the
safety zone would no longer be enforced in that portion of the
waterway; (3) although persons and vessels would not be able to enter
or transit through the safety zone 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
period; (4) persons and vessels would still be able to enter or transit
through the safety zone if authorized by the Captain of the Port
Charleston or a designated representative; and (5) the Coast Guard
would provide advance notification of the safety zone 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 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. 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).

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 proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. 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 safety
zone lasting less than 7 hours that would prohibit entry within the
safety zone. Normally such actions are categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of Commandant
Instruction M16475.lD. A preliminary environmental analysis checklist
and Categorical Exclusion Determination are available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant

[[Page 36496]]

environmental impact from this proposed rule.

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.

V. Public Participation and Request for 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.
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).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be 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.

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.T07-0241 under the undesignated center
heading Seventh Coast Guard District to read as follows:

Sec. 100.T07-0241 Safety Zone; Swim Around Charleston, Charleston,
SC.

(a) Regulated area. The following regulated area is a moving safety
zone: All waters 50 yards in front of the lead safety vessel preceding
the first race participants, 50 yards behind the safety vessel trailing
the last race participants, and at all times extend 100 yards on either
side of safety vessels. The Swim Around Charleston swimming race
consists of a 12 mile course that starts at Remley's Point on the Wando
River in approximate position 32[deg]48'49'' N., 79[deg]54'27'' W.,
crosses the main shipping channel under the main span of the Ravenel
Bridge, and finishes at the I-526 bridge and boat landing on the Ashley
River in approximate position 32[deg]50'14'' N., 80[deg]01'23'' W. All
coordinates are North American Datum 1983.
(b) Definition. 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 Swim
Around Charleston, 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 September 25,
2016 from 8:45 a.m. until 3:45 p.m.

Dated: May 31, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-13325 Filed 6-6-16; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Proposed Rules 36495

Charleston, South Carolina during Swim Charleston or a designated the States, or on the distribution of
Around Charleston on September 25, representative; and (5) the Coast Guard power and responsibilities among the
2016. Approximately 120 swimmers are would provide advance notification of various levels of government. We have
anticipated to participate in the race. the safety zone to the local maritime analyzed this proposed rule under that
Persons and vessels desiring to enter, community by Local Notice to Mariners Order and have determined that it is
transit through, anchor in, or remain and Broadcast Notice to Mariners. consistent with the fundamental
within the regulated area may contact federalism principles and preemption
the Captain of the Port Charleston by B. Impact on Small Entities requirements described in Executive
telephone at (843) 740–7050, or a The Regulatory Flexibility Act of Order 13132.
designated representative via VHF radio 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have
on channel 16, to request authorization. requires Federal agencies to consider tribal implications under Executive
If authorization to enter, transit through, the potential impact of regulations on Order 13175, Consultation and
anchor in, or remain within the small entities during rulemaking. The Coordination with Indian Tribal
regulated area is granted, all persons term ‘‘small entities’’ comprises small Governments, because it would not have
and vessels receiving such authorization businesses, not-for-profit organizations a substantial direct effect on one or
must comply with the instructions of that are independently owned and more Indian tribes, on the relationship
the Captain of the Port Charleston or a operated and are not dominant in their between the Federal Government and
designated representative. The Coast fields, and governmental jurisdictions Indian tribes, or on the distribution of
Guard will provide notice of the safety with populations of less than 50,000. power and responsibilities between the
zone by Local Notice to Mariners, The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes.
Broadcast Notice to Mariners, and on- 605(b) that this proposed rule would not If you believe this proposed rule has
scene designated representatives. have a significant economic impact on implications for federalism or Indian
a substantial number of small entities. tribes, please contact the person listed
IV. Regulatory Analyses in the FOR FURTHER INFORMATION
While some owners or operators of
We developed this proposed rule after vessels intending to transit the safety CONTACT section.
considering numerous statutes and zone may be small entities, for the
Executive orders related to rulemaking. E. Unfunded Mandates Reform Act
reasons stated in section IV.A above this
Below we summarize our analyses proposed rule would not have a The Unfunded Mandates Reform Act
based on a number of these statutes and significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
Executive orders and we discuss First vessel owner or operator. Federal agencies to assess the effects of
Amendment rights of protestors. If you think that your business, their discretionary regulatory actions. In
organization, or governmental particular, the Act addresses actions
A. Regulatory Planning and Review that may result in the expenditure by a
jurisdiction qualifies as a small entity
Executive Orders 12866 and 13563 and that this rule would have a State, local, or tribal government, in the
direct agencies to assess the costs and significant economic impact on it, aggregate, or by the private sector of
benefits of available regulatory please submit a comment (see $100,000,000 (adjusted for inflation) or
alternatives and, if regulation is ADDRESSES) explaining why you think it more in any one year. Though this
necessary, to select regulatory qualifies and how and to what degree proposed rule would not result in such
approaches that maximize net benefits. this rule would economically affect it. an expenditure, we do discuss the
Executive Order 13563 emphasizes the Under section 213(a) of the Small effects of this rule elsewhere in this
importance of quantifying both costs Business Regulatory Enforcement preamble.
and benefits, of reducing costs, of Fairness Act of 1996 (Pub. L. 104–121),
harmonizing rules, and of promoting F. Environment
we want to assist small entities in
flexibility. This NPRM has not been understanding this proposed rule. If the We have analyzed this proposed rule
designated a ‘‘significant regulatory rule would affect your small business, under Department of Homeland
action,’’ under Executive Order 12866. organization, or governmental Security Management Directive 023–01
Accordingly, the NPRM has not been jurisdiction and you have questions and Commandant Instruction
reviewed by the Office of Management concerning its provisions or options for M16475.lD, which guide the Coast
and Budget. compliance, please contact the person Guard in complying with the National
The economic impact of this proposed listed in the FOR FURTHER INFORMATION Environmental Policy Act of 1969 (42
rule is not significant for the following CONTACT section. The Coast Guard will U.S.C. 4321–4370f), and have made a
reasons: (1) The safety zone would be not retaliate against small entities that preliminary determination that this
enforced for only seven hours; (2) the question or complain about this action is one of a category of actions that
safety zone would move with the proposed rule or any policy or action of do not individually or cumulatively
participant vessels so that once the the Coast Guard. have a significant effect on the human
swimmers clear a portion of the environment. This proposed rule
waterway, the safety zone would no C. Collection of Information involves a safety zone lasting less than
longer be enforced in that portion of the This proposed rule would not call for 7 hours that would prohibit entry
waterway; (3) although persons and a new collection of information under within the safety zone. Normally such
vessels would not be able to enter or the Paperwork Reduction Act of 1995 actions are categorically excluded from
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

transit through the safety zone without (44 U.S.C. 3501–3520). further review under paragraph 34(g) of
authorization from the Captain of the Figure 2–1 of Commandant Instruction
Port Charleston or a designated D. Federalism and Indian Tribal M16475.lD. A preliminary
representative, they would be able to Governments environmental analysis checklist and
operate in the surrounding area during A rule has implications for federalism Categorical Exclusion Determination are
the enforcement period; (4) persons and under Executive Order 13132, available in the docket where indicated
vessels would still be able to enter or Federalism, if it has a substantial direct under ADDRESSES. We seek any
transit through the safety zone if effect on the States, on the relationship comments or information that may lead
authorized by the Captain of the Port between the national government and to the discovery of a significant

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Document Created: 2018-02-08 07:31:37
Document Modified: 2018-02-08 07:31:37

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		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before July 7, 2016.
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]
FR Citation		81 FR 36494
RIN Number		1625-AA00
CFR Associated		Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

81 FR 36494 - Safety Zone, Swim Around Charleston; Charleston, SC

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 109 (June 7, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard