81_FR_61305 81 FR 61133 - Safety Zone; Swim Around Charleston; Charleston, SC

81 FR 61133 - Safety Zone; Swim Around Charleston; Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 172 (September 6, 2016)

Page Range61133-61136
FR Document2016-21272

The Coast Guard is establishing 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 on September 25, 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 portions of the Charleston Harbor and surrounding rivers. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston or a designated representative.

Federal Register, Volume 81 Issue 172 (Tuesday, September 6, 2016)
[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Rules and Regulations]
[Pages 61133-61136]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21272]


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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: Temporary final rule.

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

[[Page 61134]]

SUMMARY: The Coast Guard is establishing 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 on September 25, 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 portions of the 
Charleston Harbor and surrounding rivers. Persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the safety zone unless authorized by the Captain of 
the Port Charleston or a designated representative.

DATES: This rule is effective on September 25, 2016 from 8:45 a.m. 
until 3:45 p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov type USCG-
2016-0241 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 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. In response, on June 6, 2016, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled Safety 
Zone, Swim Around Charleston; Charleston, SC. 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 July 7, 2016, we received no comments.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable due to the date of the event. 
The Coast Guard did not receive any adverse comments during the period 
outlined in the NPRM with regard to this rule.

III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's Authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
and Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to ensure the safety of the swimmers, 
participant vessels, spectators, and the general public life during the 
Swim Around Charleston.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published June 
6, 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 8:45 a.m. to 3:45 p.m. on 
September 25, 2016. The safety zone will cover a portion of the waters 
of the Wando River, Cooper River, Charleston Harbor, and Ashley River, 
in Charleston, South Carolina. 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.

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 protesters.

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 will be enforced for a 
total of seven hours; (2) the safety zone will move with the 
participant vessels so that once the swimmers clear a portion of the 
waterway, the safety zone will no longer be enforced in that portion of 
the waterway; (3) although persons and vessels may not enter, transit 
through, anchor in, or remain within the safety zone without 
authorization from the Captain of the Port Charleston or a designated 
representative; they may operate in the surrounding area during the 
enforcement period; (4) persons and vessels may still enter, transit 
through, anchor in, or remain within the safety zone if authorized by 
the Captain of the Port Charleston or a designated representative; and 
(5) the Coast Guard will provide advance notification of the safety 
zone to the local maritime community by Local Notice to Mariners and 
Broadcast Notice to Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities. While some owners or 
operators of vessels intending to transit the safety zone may be small 
entities, for the reasons discussed in the Regulatory Planning and 
Review section above, this rule will not have a

[[Page 61135]]

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

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 Order 
13132.
    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 determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a temporary safety zone. This rule is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist and a 
Categorical Exclusion Determination was completed for 2016. The 
environmental analysis checklist and Categorical Exclusion 
Determination are available in the docket folder where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this 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.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 
6.04-1, 160.5; and Department of Homeland Security Delegation No. 
0170.1.


0
2 . Add Sec.  165.T07-0241 to read as follows:


Sec.  165.T07-0241  Safety Zone; Swim Around Charleston, Charleston, 
SC.

    (a) Regulated area. The following regulated area is a moving safety 
zone: All waters within a 50-yard radius 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 Point on the Wando River in approximate position 32[deg]48'49'' 
N., 79[deg]54'27'' W., crosses the main shipping channel of Charleston 
Harbor, and finishes at the General William B. Westmoreland Bridge on 
the Ashley River in approximate position 32[deg]50'14'' N., 
80[deg]01'23'' W. All coordinates are North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Charleston in the enforcement of the regulated 
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port Charleston 
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Charleston by telephone at (843) 740-7050, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port Charleston or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Marine Safety Information Bulletins, Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Effective date. This rule will is effective on September 25, 
2016 and

[[Page 61136]]

will be enforced from 8:45 a.m. until 3:45 p.m.

B.D. Falk,
Commander, U.S. Coast Guard, Acting Captain of the Port Charleston.
[FR Doc. 2016-21272 Filed 9-2-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                            Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations                                                       61133

                                           hearing,’’ which are conducted pursuant                 estimated to have already established                 List of Subjects in 21 CFR Part 1308
                                           to the provisions of 5 U.S.C. 556 and                   and implemented the systems and                         Administrative practice and
                                           557. The CSA sets forth the criteria for                processes required to handle PB-22, 5F-               procedure, Drug traffic control,
                                           scheduling a drug or other substance.                   PB-22, AB-FUBINACA, and ADB-                          Reporting and recordkeeping
                                           Such actions are exempt from review by                  PINACA. Therefore, the DEA anticipates                requirements.
                                           the Office of Management and Budget                     that this rule will impose minimal or no
                                           (OMB) pursuant to section 3(d)(1) of                    economic impact on businesses that                      For the reasons set out above, 21 CFR
                                           Executive Order 12866 and the                           currently handle PB-22, 5F-PB-22, AB-                 part 1308 is amended as follows:
                                           principles reaffirmed in Executive Order                FUBINACA, or ADB-PINACA for lawful                    PART 1308—SCHEDULES OF
                                           13563.                                                  purposes. This estimate applies to                    CONTROLLED SUBSTANCES
                                                                                                   entities large and small. Accordingly,
                                           Executive Order 12988, Civil Justice
                                                                                                   the DEA has concluded that this rule                  ■ 1. The authority citation for 21 CFR
                                           Reform
                                                                                                   will not have a significant effect on a               part 1308 continues to read as follows:
                                              This regulation meets the applicable                 substantial number of small entities.
                                           standards set forth in sections 3(a) and                                                                        Authority: 21 U.S.C. 811, 812, 871(b),
                                           3(b)(2) of Executive Order 12988 to                     Unfunded Mandates Reform Act of 1995                  unless otherwise noted.
                                           eliminate drafting errors and ambiguity,                                                                      ■ 2. Amend § 1308.11 as follows:
                                                                                                     On the basis of information contained
                                           minimize litigation, provide a clear legal                                                                    ■ a. Add paragraphs (d)(51) through
                                                                                                   in the ‘‘Regulatory Flexibility Act’’
                                           standard for affected conduct, and                                                                            (54);
                                                                                                   section above, the DEA has determined
                                           promote simplification and burden                                                                             ■ b. Remove paragraphs (h)(4) through
                                                                                                   and certifies pursuant to the Unfunded
                                           reduction.                                                                                                    (7);
                                                                                                   Mandates Reform Act (UMRA) of 1995,
                                                                                                                                                         ■ c. Redesignate paragraphs (h)(8)
                                           Executive Order 13132, Federalism                       2 U.S.C. 1501 et seq., that this action
                                                                                                                                                         through (22) as paragraphs (h)(4)
                                                                                                   will not result in any Federal mandate
                                             This rulemaking does not have                                                                               through (18); and
                                                                                                   that may result in the expenditure by
                                           federalism implications warranting the                                                                        ■ d. Redesignate paragraphs (h)(26) and
                                                                                                   State, local, and tribal governments, in
                                           application of Executive Order 13132.                                                                         (27) as paragraphs (h)(19) and (20).
                                                                                                   the aggregate, or by the private sector, of
                                           The rule does not have substantial                                                                              The additions read as follows:
                                                                                                   $100,000,000 or more (adjusted for
                                           direct effects on the States, on the
                                                                                                   inflation) in any one year. Therefore,                § 1308.11       Schedule I.
                                           relationship between the national
                                                                                                   neither a Small Government Agency                     *       *    *           *        *
                                           government and the States, or the
                                                                                                   Plan nor any other action is required                     (d) * * *
                                           distribution of power and
                                                                                                   under provisions of the UMRA of 1995.
                                           responsibilities among the various                                                                            (51) quinolin-8-yl 1-pentyl-1H-
                                           levels of government.                                   Paperwork Reduction Act of 1995                         indole-3-carboxylate             (PB-22;
                                                                                                                                                           QUPIC) ......................................    (7222)
                                           Executive Order 13175, Consultation                       This action does not impose a new                   (52)     quinolin-8-yl                 1-(5-
                                           and Coordination With Indian Tribal                     collection of information under the                     fluoropentyl)-1H-indole-3-
                                           Governments                                             Paperwork Reduction Act of 1995. 44                     carboxylate        (5-fluoro-PB-22;
                                                                                                   U.S.C. 3501–3521. This action would                     5F-PB-22) ..................................     (7225)
                                             This rule does not have tribal                                                                              (53)      N-(1-amino-3-methyl-1-
                                           implications warranting the application                 not impose recordkeeping or reporting
                                                                                                   requirements on State or local                          oxobutan-2-yl)-1-(4-
                                           of Executive Order 13175. It does not                                                                           fluorobenzyl)-1H-indazole-3-
                                           have substantial direct effects on one or               governments, individuals, businesses, or                carboxamide (AB-FUBINACA)                        (7012)
                                           more Indian tribes, on the relationship                 organizations. An agency may not                      (54) N-(1-amino-3,3-dimethyl-1-
                                           between the Federal Government and                      conduct or sponsor, and a person is not                 oxobutan-2-yl)-1-pentyl-1H-in-
                                           Indian tribes, or on the distribution of                required to respond to, a collection of                 dazole-3-carboxamide               (ADB-
                                           power and responsibilities between the                  information unless it displays a                        PINACA) ...................................      (7035)
                                           Federal Government and Indian tribes.                   currently valid OMB control number.                   *        *       *       *        *
                                           Regulatory Flexibility Act                              Congressional Review Act                                Dated: August 30, 2016.
                                              The Administrator, in accordance                       This rule is not a major rule as                    Chuck Rosenberg,
                                           with the Regulatory Flexibility Act                     defined by section 804 of the Small                   Acting Administrator.
                                           (RFA), 5 U.S.C. 601–602, has reviewed                   Business Regulatory Enforcement                       [FR Doc. 2016–21345 Filed 9–2–16; 8:45 am]
                                           this final rule and by approving it                     Fairness Act of 1996 (Congressional                   BILLING CODE 4410–09–P
                                           certifies that it will not have a                       Review Act (CRA)). This rule will not
                                           significant economic impact on a                        result in: ‘‘an annual effect on the
                                           substantial number of small entities. On                economy of $100,000,000 or more; a                    DEPARTMENT OF HOMELAND
                                           February 10, 2014, the DEA published a                  major increase in costs or prices for                 SECURITY
                                           final order amending 21 CFR 1308.11(h)                  consumers, individual industries,
                                           to temporarily place these four synthetic               Federal, State, or local government                   Coast Guard
                                           cannabinoids into schedule I of the CSA                 agencies, or geographic regions; or
                                           pursuant to the temporary scheduling                    significant adverse effects on                        33 CFR Part 165
                                           provisions of 21 U.S.C. 811(h). 79 FR                   competition, employment, investment,                  [Docket Number USCG–2016–0241]
                                           7577. On February 5, 2016, the DEA                      productivity, innovation, or on the
                                           published a final order extending the                   ability of U.S.-based companies to                    RIN 1625–AA00
ehiers on DSK5VPTVN1PROD with RULES




                                           temporary placement of these                            compete with foreign based companies
                                           substances in schedule I of the CSA for                 in domestic and export markets.’’                     Safety Zone; Swim Around Charleston;
                                           up to one year pursuant to 21 U.S.C.                    However, pursuant to the CRA, the DEA                 Charleston, SC
                                           811(h)(2). 81 FR 6175. Accordingly, all                 has submitted a copy of this final rule               AGENCY:       Coast Guard, DHS.
                                           entities that currently handle or plan to               to both Houses of Congress and to the
                                                                                                                                                         ACTION:      Temporary final rule.
                                           handle these synthetic cannabinoids are                 Comptroller General.


                                      VerDate Sep<11>2014   15:06 Sep 02, 2016   Jkt 238001   PO 00000   Frm 00035   Fmt 4700   Sfmt 4700   E:\FR\FM\06SER1.SGM    06SER1


                                           61134            Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations

                                           SUMMARY:   The Coast Guard is                           publication in the Federal Register.                  A. Regulatory Planning and Review
                                           establishing a temporary moving safety                  Delaying the effective date of this rule                 Executive Orders 12866 and 13563
                                           zone during the Swim Around                             would be impracticable due to the date                direct agencies to assess the costs and
                                           Charleston, a swimming race occurring                   of the event. The Coast Guard did not                 benefits of available regulatory
                                           on the Wando River, the Cooper River,                   receive any adverse comments during                   alternatives and, if regulation is
                                           Charleston Harbor, and the Ashley                       the period outlined in the NPRM with                  necessary, to select regulatory
                                           River, in Charleston, South Carolina on                 regard to this rule.                                  approaches that maximize net benefits.
                                           September 25, 2016. The temporary                                                                             Executive Order 13563 emphasizes the
                                           safety zone is necessary for the safety of              III. Legal Authority and Need for Rule
                                                                                                                                                         importance of quantifying both costs
                                           the swimmers, participant vessels,                        The legal basis for this rule is the                and benefits, of reducing costs, of
                                           spectators, and the general public                      Coast Guard’s Authority to establish                  harmonizing rules, and of promoting
                                           during the event. The temporary safety                                                                        flexibility. This rule has not been
                                                                                                   regulated navigation areas and other
                                           zone will restrict vessel traffic in                                                                          designated a ‘‘significant regulatory
                                                                                                   limited access areas: 33 U.S.C. 1231; 50
                                           portions of the Charleston Harbor and                                                                         action,’’ under Executive Order 12866.
                                                                                                   U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
                                           surrounding rivers. Persons and vessels                                                                       Accordingly, it has not been reviewed
                                                                                                   6.04–6, and 160.5; and Department of
                                           are prohibited from entering, transiting                                                                      by the Office of Management and
                                                                                                   Homeland Security Delegation No.
                                           through, anchoring in, or remaining                                                                           Budget.
                                                                                                   0170.1.
                                           within the safety zone unless authorized                                                                         The economic impact of this rule is
                                           by the Captain of the Port Charleston or                  The purpose of the rule is to ensure
                                                                                                                                                         not significant for the following reasons:
                                           a designated representative.                            the safety of the swimmers, participant               (1) The temporary safety zone will be
                                           DATES: This rule is effective on                        vessels, spectators, and the general                  enforced for a total of seven hours; (2)
                                           September 25, 2016 from 8:45 a.m. until                 public life during the Swim Around                    the safety zone will move with the
                                           3:45 p.m.                                               Charleston.                                           participant vessels so that once the
                                           ADDRESSES: To view documents                            IV. Discussion of Comments, Changes,                  swimmers clear a portion of the
                                           mentioned in this preamble as being                     and the Rule                                          waterway, the safety zone will no longer
                                           available in the docket, go to http://                                                                        be enforced in that portion of the
                                           www.regulations.gov type USCG–2016–                        As noted above, we received no                     waterway; (3) although persons and
                                           0241 in the ‘‘SEARCH’’ box and click                    comments on our NPRM published June                   vessels may not enter, transit through,
                                           ‘‘SEARCH.’’ Click on Open Docket                        6, 2016. There are no changes in the                  anchor in, or remain within the safety
                                           Folder on the line associated with this                 regulatory text of this rule from the                 zone without authorization from the
                                           rule.                                                   proposed rule in the NPRM.                            Captain of the Port Charleston or a
                                           FOR FURTHER INFORMATION CONTACT: If                        This rule establishes a safety zone                designated representative; they may
                                           you have questions on this rule, call or                from 8:45 a.m. to 3:45 p.m. on                        operate in the surrounding area during
                                           email Lieutenant John Downing, Sector                   September 25, 2016. The safety zone                   the enforcement period; (4) persons and
                                           Charleston Office of Waterways                          will cover a portion of the waters of the             vessels may still enter, transit through,
                                           Management, Coast Guard; telephone                      Wando River, Cooper River, Charleston                 anchor in, or remain within the safety
                                           (843) 740–3184, email John.Z.Downing@                   Harbor, and Ashley River, in Charleston,              zone if authorized by the Captain of the
                                           uscg.mil.                                               South Carolina. Approximately 120                     Port Charleston or a designated
                                                                                                   swimmers are anticipated to participate               representative; and (5) the Coast Guard
                                           SUPPLEMENTARY INFORMATION:
                                                                                                   in the race. Persons and vessels desiring             will provide advance notification of the
                                           I. Table of Abbreviations                               to enter, transit through, anchor in, or              safety zone to the local maritime
                                           CFR Code of Federal Regulations                         remain within the regulated area may                  community by Local Notice to Mariners
                                           DHS Department of Homeland Security                     contact the Captain of the Port                       and Broadcast Notice to Mariners.
                                           NPRM Notice of proposed rulemaking                      Charleston by telephone at (843) 740–                 B. Impact on Small Entities
                                           § Section                                               7050, or a designated representative via
                                           U.S.C. United States Code                                                                                        The Regulatory Flexibility Act of 1980
                                                                                                   VHF radio on channel 16, to request
                                                                                                                                                         (RFA), 5 U.S.C. 601–612, as amended,
                                           II. Background Information and                          authorization. If authorization to enter,
                                                                                                                                                         requires Federal agencies to consider
                                           Regulatory History                                      transit through, anchor in, or remain
                                                                                                                                                         the potential impact of regulations on
                                                                                                   within the regulated area is granted, all             small entities during rulemaking. The
                                              On March 17, 2016, Kathleen Wilson
                                           notified the Coast Guard that she will be               persons and vessels receiving such                    term ‘‘small entities’’ comprises small
                                           sponsoring the Swim Around                              authorization must comply with the                    businesses, not-for-profit organizations
                                           Charleston from 9 a.m. to 3:30 p.m. on                  instructions of the Captain of the Port               that are independently owned and
                                           September 25, 2016. In response, on                     Charleston or a designated                            operated and are not dominant in their
                                           June 6, 2016, the Coast Guard published                 representative. The Coast Guard will                  fields, and governmental jurisdictions
                                           a notice of proposed rulemaking                         provide notice of the safety zone by                  with populations of less than 50,000.
                                           (NPRM) titled Safety Zone, Swim                         Local Notice to Mariners, Broadcast                   The Coast Guard received no comments
                                           Around Charleston; Charleston, SC.                      Notice to Mariners, and on-scene                      from the Small Business Administration
                                           There we stated why we issued the                       designated representatives.                           on this rulemaking. The Coast Guard
                                           NPRM, and invited comments on our                       V. Regulatory Analyses                                certifies under 5 U.S.C. 605(b) that this
                                           proposed regulatory action related to                                                                         rule will not have a significant
                                           this special local regulation. During the                 We developed this rule after                        economic impact on a substantial
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                                           comment period that ended July 7,                       considering numerous statutes and                     number of small entities. While some
                                           2016, we received no comments.                          executive orders related to rulemaking.               owners or operators of vessels intending
                                              We are issuing this rule, and under 5                Below we summarize our analyses                       to transit the safety zone may be small
                                           U.S.C. 553(d)(3), the Coast Guard finds                 based on a number of these statutes and               entities, for the reasons discussed in the
                                           that good cause exists for making it                    executive orders, and we discuss First                Regulatory Planning and Review section
                                           effective less than 30 days after                       Amendment rights of protesters.                       above, this rule will not have a


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                                                            Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations                                         61135

                                           significant economic impact on a                        E. Unfunded Mandates Reform Act                         Authority: 33 U.S.C. 1226, 1231; 50 U.S.C.
                                           substantial number of small entities.                                                                         191; 33 CFR 1.05–1, 6.04–1, 160.5; and
                                                                                                     The Unfunded Mandates Reform Act                    Department of Homeland Security Delegation
                                              Under section 213(a) of the Small                    of 1995 (2 U.S.C. 1531–1538) requires
                                           Business Regulatory Enforcement                                                                               No. 0170.1.
                                                                                                   Federal agencies to assess the effects of
                                           Fairness Act of 1996 (Pub. L. 104–121),                 their discretionary regulatory actions. In            ■ 2 . Add § 165.T07–0241 to read as
                                           we want to assist small entities in                     particular, the Act addresses actions                 follows:
                                           understanding this rule. If the rule                    that may result in the expenditure by a
                                           would affect your small business,                                                                             § 165.T07–0241 Safety Zone; Swim Around
                                                                                                   State, local, or tribal government, in the            Charleston, Charleston, SC.
                                           organization, or governmental                           aggregate, or by the private sector of
                                           jurisdiction and you have questions                                                                              (a) Regulated area. The following
                                                                                                   $100,000,000 (adjusted for inflation) or              regulated area is a moving safety zone:
                                           concerning its provisions or options for                more in any one year. Though this rule
                                           compliance, please contact the person                                                                         All waters within a 50-yard radius in
                                                                                                   will not result in such expenditure, we               front of the lead safety vessel preceding
                                           listed in the FOR FURTHER INFORMATION                   do discuss the effects of this rule
                                           CONTACT section, above.                                                                                       the first race participants, 50 yards
                                                                                                   elsewhere in this preamble.                           behind the safety vessel trailing the last
                                              Small businesses may send comments
                                           on the actions of Federal employees                     F. Environment                                        race participants, and at all times extend
                                           who enforce, or otherwise determine                                                                           100 yards on either side of safety
                                                                                                     We have analyzed this rule under
                                           compliance with, Federal regulations to                 Department of Homeland Security                       vessels. The Swim Around Charleston
                                           the Small Business and Agriculture                      Management Directive 023–01 and                       swimming race consists of a 12 mile
                                           Regulatory Enforcement Ombudsman                        Commandant Instruction M16475.lD,                     course that starts at Remley Point on the
                                           and the Regional Small Business                         which guide the Coast Guard in                        Wando River in approximate position
                                           Regulatory Fairness Boards. The                         complying with the National                           32°48′49″ N., 79°54′27″ W., crosses the
                                           Ombudsman evaluates these actions                       Environmental Policy Act of 1969 (42                  main shipping channel of Charleston
                                           annually and rates each agency’s                        U.S.C. 4321–4370f), and have                          Harbor, and finishes at the General
                                           responsiveness to small business. If you                determined that this action is one of a               William B. Westmoreland Bridge on the
                                           wish to comment on actions by                           category of actions that do not                       Ashley River in approximate position
                                           employees of the Coast Guard, call 1–                   individually or cumulatively have a                   32°50′14″ N., 80°01′23″ W. All
                                           888–REG–FAIR (1–888–734–3247). The                      significant effect on the human                       coordinates are North American Datum
                                           Coast Guard will not retaliate against                  environment. This rule involves a                     1983.
                                           small entities that question or complain                                                                         (b) Definition. The term ‘‘designated
                                                                                                   temporary safety zone. This rule is
                                           about this rule or any policy or action                                                                       representative’’ means Coast Guard
                                                                                                   categorically excluded from further
                                           of the Coast Guard.                                                                                           Patrol Commanders, including Coast
                                                                                                   review under paragraph 34(g) of Figure
                                                                                                                                                         Guard coxswains, petty officers, and
                                           C. Collection of Information                            2–1 of the Commandant Instruction. An
                                                                                                                                                         other officers operating Coast Guard
                                                                                                   environmental analysis checklist and a
                                             This rule will not call for a new                                                                           vessels, and Federal, state, and local
                                                                                                   Categorical Exclusion Determination
                                           collection of information under the                                                                           officers designated by or assisting the
                                                                                                   was completed for 2016. The
                                           Paperwork Reduction Act of 1995 (44                                                                           Captain of the Port Charleston in the
                                                                                                   environmental analysis checklist and
                                           U.S.C. 3501–3520).                                                                                            enforcement of the regulated areas.
                                                                                                   Categorical Exclusion Determination are                  (c) Regulations. (1) All persons and
                                           D. Federalism and Indian Tribal                         available in the docket folder where                  vessels are prohibited from entering,
                                           Governments                                             indicated under ADDRESSES. We seek                    transiting through, anchoring in, or
                                              A rule has implications for federalism               any comments or information that may                  remaining within the regulated area
                                           under Executive Order 13132,                            lead to the discovery of a significant                unless authorized by the Captain of the
                                           Federalism, if it has a substantial direct              environmental impact from this rule.                  Port Charleston or a designated
                                           effect on the States, on the relationship               G. Protest Activities                                 representative.
                                           between the national government and                                                                              (2) Persons and vessels desiring to
                                                                                                     The Coast Guard respects the First
                                           the States, or on the distribution of                                                                         enter, transit through, anchor in, or
                                                                                                   Amendment rights of protesters.
                                           power and responsibilities among the                                                                          remain within the regulated area may
                                                                                                   Protesters are asked to contact the
                                           various levels of government. We have                                                                         contact the Captain of the Port
                                                                                                   person listed in the FOR FURTHER
                                           analyzed this rule under that Order and                                                                       Charleston by telephone at (843) 740–
                                                                                                   INFORMATION CONTACT section to
                                           have determined that it is consistent                                                                         7050, or a designated representative via
                                                                                                   coordinate protest activities so that your
                                           with the fundamental federalism                                                                               VHF radio on channel 16, to request
                                                                                                   message can be received without
                                           principles and preemption requirements                                                                        authorization. If authorization to enter,
                                                                                                   jeopardizing the safety or security of
                                           described in Executive Order 13132.                                                                           transit through, anchor in, or remain
                                              Also, this rule does not have tribal                 people, places or vessels.
                                                                                                                                                         within the regulated area is granted by
                                           implications under Executive Order                      List of Subjects in 33 CFR Part 165                   the Captain of the Port Charleston or a
                                           13175, Consultation and Coordination                      Harbors, Marine safety, Navigation                  designated representative, all persons
                                           with Indian Tribal Governments,                         (water), Reporting and recordkeeping                  and vessels receiving such authorization
                                           because it does not have a substantial                  requirements, Security measures,                      must comply with the instructions of
                                           direct effect on one or more Indian                     Waterways.                                            the Captain of the Port Charleston or a
                                           tribes, on the relationship between the                                                                       designated representative.
                                                                                                     For the reasons discussed in the
                                           Federal Government and Indian tribes,                                                                            (3) The Coast Guard will provide
                                                                                                   preamble, the Coast Guard amends 33
                                           or on the distribution of power and                                                                           notice of the regulated area by Marine
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                                                                                                   CFR part 165 as follows:
                                           responsibilities between the Federal                                                                          Safety Information Bulletins, Local
                                           Government and Indian tribes. If you                    PART 165—REGULATED NAVIGATION                         Notice to Mariners, Broadcast Notice to
                                           believe this rule has implications for                  AREAS AND LIMITED ACCESS AREAS                        Mariners, and on-scene designated
                                           federalism or Indian tribes, please                                                                           representatives.
                                           contact the person listed in the FOR                    ■ 1. The authority citation for part 165                 (d) Effective date. This rule will is
                                           FURTHER INFORMATION CONTACT section.                    continues to read as follows:                         effective on September 25, 2016 and


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                                           61136            Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations

                                           will be enforced from 8:45 a.m. until                   materials are available either                        recommendation and intends to
                                           3:45 p.m.                                               electronically in http://                             promulgate a designation different from
                                                                                                   www.regulations.gov.                                  a state’s recommendation, the EPA must
                                           B.D. Falk,
                                                                                                      In addition, the EPA has established               notify the state at least 120 days prior
                                           Commander, U.S. Coast Guard, Acting                     a Web site for the rulemakings to                     to promulgating the final designation
                                           Captain of the Port Charleston.
                                                                                                   initially designate areas for the 2012                and the EPA must provide the state an
                                           [FR Doc. 2016–21272 Filed 9–2–16; 8:45 am]
                                                                                                   primary annual PM2.5 NAAQS at:                        opportunity to demonstrate why any
                                           BILLING CODE 9110–04–P                                  https://www3.epa.gov/pmdesignations/                  proposed modification is inappropriate.
                                                                                                   2012standards/index.htm. This Web                     These modifications may relate either to
                                                                                                   site includes the EPA’s final area                    an area’s designation or boundaries.
                                           ENVIRONMENTAL PROTECTION                                designations for the PM2.5 NAAQS, as                     On December 18, 2014, the
                                           AGENCY                                                  well as state and tribal initial                      Administrator of the EPA signed a final
                                                                                                   recommendation letters, the EPA’s                     action promulgating initial designations
                                           40 CFR Part 81                                          modification letters, technical support               for the 2012 PM2.5 NAAQS for the
                                           [EPA–HQ–OAR–2012–0918; FRL–9951–91–                     documents, responses to comments and                  majority of the U.S., including areas of
                                           OAR]                                                    other related technical information.                  Indian country (80 FR 2206 FR; January
                                                                                                   FOR FURTHER INFORMATION CONTACT: For                  15, 2015). That action designated 14
                                           Air Quality Designations for the 2012                   general questions concerning this                     areas in six states, including two multi-
                                           Primary Annual Fine Particle (PM2.5)                    action, please contact Carla Oldham,                  state areas, as nonattainment for the
                                           National Ambient Air Quality Standard                   U.S. EPA, Office of Air Quality Planning              2012 PM2.5 NAAQS. The EPA also
                                           (NAAQS) for Areas in Georgia and                        and Standards, Air Quality Planning                   designated three areas, including the
                                           Florida                                                 Division, C539–04, Research Triangle                  entire state of Illinois, as
                                                                                                   Park, North Carolina 27711, telephone                 ‘‘unclassifiable’’ because the ambient air
                                           AGENCY:  Environmental Protection
                                                                                                   (919) 541–3347, email at oldham.carla@                quality monitoring sites in these areas
                                           Agency.
                                                                                                   epa.gov. The Region 4 contact is                      lacked complete data for the relevant
                                           ACTION: Final rule.                                                                                           period from 2011–2013. In the absence
                                                                                                   Madolyn Sanchez, U.S. EPA, Air
                                           SUMMARY:    The Environmental Protection                Regulatory Management Section, Air                    of complete monitoring data, the EPA
                                           Agency (EPA) is establishing air quality                Planning and Implementation Branch,                   could not determine, based on available
                                           designations in the United States (U.S.)                Air, Pesticides and Toxics Management                 information, whether these areas meet
                                           for the 2012 primary annual fine                        Division, 61 Forsyth Street SW., Atlanta,             or do not meet the NAAQS, and also
                                           particle (PM2.5) National Ambient Air                   Georgia 30303–8960, telephone (404)                   could not determine whether these areas
                                           Quality Standard (NAAQS) for three                                                                            contribute to a nearby violation.
                                                                                                   562–9644, email at sanchez.madolyn@
                                           areas in Georgia and 62 counties in                                                                           Consistent with the EPA’s ‘‘Policy for
                                                                                                   epa.gov.
                                           Florida. When the EPA designated the                                                                          Establishing Separate Air Quality
                                                                                                   SUPPLEMENTARY INFORMATION:                            Designations for Areas of Indian
                                           majority of areas in the country in
                                           December 2014, and March 2015, the                      I. Background                                         Country’’ (December 20, 2011), the EPA
                                           EPA deferred initial area designations                                                                        designated the lands of the Pechanga
                                                                                                      On December 14, 2012, the EPA                      Band of Luiseño Mission Indians in
                                           for several locations, including these                  promulgated a revised primary annual
                                           areas, because the EPA could not                                                                              Southern California as an unclassifiable/
                                                                                                   PM2.5 NAAQS to provide increased                      attainment area separate from its
                                           determine using available data whether                  protection of public health from fine
                                           the areas were meeting or not meeting                                                                         adjacent/surrounding state areas. Except
                                                                                                   particle pollution (78 FR 3086; January               for the 10 areas discussed in the next
                                           the NAAQS, but we believed that                         15, 2013). In that action, the EPA
                                           forthcoming data in 2015 would allow                                                                          paragraph, the EPA designated all the
                                                                                                   strengthened the primary annual PM2.5                 remaining state areas and areas of
                                           the EPA to make that determination.                     standard from 15.0 micrograms per                     Indian country as unclassifiable/
                                           Georgia and Florida have recently                       cubic meter (mg/m3) to 12.0 mg/m3,                    attainment.
                                           submitted complete, quality-assured,                    which is attained when the 3-year                        The EPA deferred initial area
                                           and certified air quality monitoring data               average of the annual arithmetic means                designations for 10 areas where
                                           for 2015 for the areas identified in this               does not exceed 12.0 mg/m3.                           available data, including air quality
                                           notice, and based on these data, the EPA                   Section 107(d) of the Clean Air Act                monitoring data, were insufficient to
                                           is designating these areas as                           (CAA), 42 U.S.C. 7407(d), governs the                 determine whether the areas met or did
                                           unclassifiable/attainment for the 2012                  process for initial area designations after           not meet the NAAQS, but where
                                           primary annual PM2.5 NAAQS.                             the EPA establishes a new or revised                  forthcoming data were likely to result in
                                           DATES: This final rule is effective on                  NAAQS. Under CAA section 107(d),                      complete and valid air quality data
                                           October 6, 2016.                                        each governor is required to, and each                sufficient to determine whether these
                                           ADDRESSES: The EPA has established a                    tribal leader may, if they so choose,                 areas meet the NAAQS. Accordingly,
                                           docket for this action under Docket ID                  recommend air quality designations,                   the EPA stated that it would use the
                                           No. EPA–HQ–OAR–2012–0918. All                           including the appropriate boundaries                  additional time available as provided
                                           documents in the docket are listed in                   for ‘‘nonattainment’’ areas, to the EPA               under section 107(d)(1)(B) of the CAA to
                                           the http://www.regulations.gov Web                      by a date which cannot be later than 1                assess relevant information and
                                           site. Although listed in the index, some                year after the promulgation of a new or               subsequently promulgate initial
                                           information is not publicly available,                  revised NAAQS. The EPA considers                      designations for the identified areas
                                           i.e., Confidential Business Information                 these recommendations as part of its                  through a separate rulemaking action or
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                                           or other information whose disclosure is                duty to promulgate the area                           actions. The 10 deferred areas included:
                                           restricted by statute. Certain other                    designations and boundaries for the new               Eight areas in the state of Georgia,
                                           material, such as copyrighted material,                 or revised NAAQS. If, after careful                   including two neighboring counties in
                                           is not placed on the Internet and will be               consideration of these                                the bordering states of Alabama and
                                           publicly available only in hard copy                    recommendations, the EPA believes that                South Carolina; the entire state of
                                           form. Publicly available docket                         it is necessary to modify a state’s                   Tennessee, excluding three counties in


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Document Created: 2018-02-09 12:03:59
Document Modified: 2018-02-09 12:03:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective on September 25, 2016 from 8:45 a.m. until 3:45 p.m.
ContactIf 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 Citation81 FR 61133 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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