82 FR 13410 - Safety Zone; Xterra Swim, Myrtle Beach, SC Intracoastal Waterway; Myrtle Beach, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 47 (March 13, 2017)

Page Range		13410-13413
FR Document		2017-04878

The Coast Guard proposes to establish a temporary safety zone on certain waters of the Atlantic Intracoastal Waterway in Myrtle Beach, South Carolina. This proposed safety zone is necessary to provide for the safety of the swimmers, participant vessels, spectators, and the general public during the swim portion of the Xterra Triathalon. This rule is intended to prohibit non-participant vessels and persons 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. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 47 (Monday, March 13, 2017)

[Federal Register Volume 82, Number 47 (Monday, March 13, 2017)]
[Proposed Rules]
[Pages 13410-13413]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04878]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0031]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on

[[Page 13411]]

certain waters of the Atlantic Intracoastal Waterway in Myrtle Beach, 
South Carolina. This proposed safety zone is necessary to provide for 
the safety of the swimmers, participant vessels, spectators, and the 
general public during the swim portion of the Xterra Triathalon. This 
rule is intended to prohibit non-participant vessels and persons 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. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 12, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0031 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 Commander 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
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 January 10, 2017, Set Up Events notified the Coast Guard that it 
will be sponsoring the Xterra Myrtle Beach Triathalon from 7 a.m. to 9 
a.m. on April 23, 2017. Approximately 75 swimmers are anticipated to 
participate in the swim portion of the event, located on certain waters 
of the Atlantic Intracoastal Waterway in Myrtle Beach, South Carolina. 
The Captain of the Port Charleston (COTP) has determined that the 
potential hazards associated with the swim portion of the Triathalon 
constitute a safety concern for anyone within the proposed safety zone. 
The purpose of the proposed rule is to ensure safety of life on the 
navigable water of the United States during the event. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary safety zone on 
the Atlantic Intracoastal Waterway in Myrtle Beach, South Carolina 
during the Xterra Myrtle Beach Triathlon, on April 23, 2017. The 
duration of the safety zone is intended to ensure the safety of life on 
the navigable waters of the Intracoastal before, during, and after the 
scheduled 7 a.m. to 9 a.m. swim portion of the Triathalon. 
Approximately 75 participants are expected to participate in the swim 
portion of the race. No vessel or person would be permitted to enter, 
transit through, anchor in, or remain within the safety zone without 
obtaining permission from the COTP or a designated representative. The 
regulatory text we are proposing appears at the end of this document. 
The Coast Guard would 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.
    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: (1) The safety zone will only be enforced for a 
total of two hours; (2) 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; and (3) 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, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on ``small entities'' comprised of small businesses and 
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.
    We have considered the impact of this proposed rule on small 
entities. This rule may affect the following entities, some of which 
may be small entities: The owner or operators of vessels intending to 
enter, transit through, anchor in, or remain within the regulated area 
during the enforcement period. For the reasons stated in section IV.A. 
above, this proposed rule would not have a significant economic impact 
on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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

[[Page 13412]]

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 E.O. 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 above.

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 
temporary safety zone with a two-hour enforcement period that would 
prohibit entry to certain waters of the Atlantic Intracoastal waterway 
during the swim portion of a Triathalon. Normally such actions are 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of Commandant Instruction M16475.1D. We seek any comments or 
information that may lead to the discovery of a significant 
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

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

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

PART 165--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; and Department of Homeland Security Delegation No. 
0170.

0
2. Add a temporary Sec.  165.35T07-0031 to read as follows:


Sec.  100.T07-0031   Safety Zone; Xterra Swim, Myrtle Beach SC.

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

[[Page 13413]]

Captain of the Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement period. This rule will be enforced on from 7 a.m. 
until 9 a.m. on April 23, 2017.

    Dated: March 7, 2017.
G. L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2017-04878 Filed 3-10-17; 8:45 am]
 BILLING CODE 9110-04-P

13410 Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Proposed Rules

scope of that authority as it would Availability and Summary of Procedures’’ prior to any FAA final
establish Class E airspace at Gregory M. Documents for Incorporation by regulatory action.
Simmons Memorial Airport, Cisco, TX. Reference
List of Subjects in 14 CFR Part 71
Comments Invited This document proposes to amend
Airspace, Incorporation by reference,
FAA Order 7400.11A, Airspace
Navigation (air).
Interested parties are invited to Designations and Reporting Points,
participate in this proposed rulemaking dated August 3, 2016, and effective The Proposed Amendment
by submitting such written data, views, September 15, 2016. FAA Order Accordingly, pursuant to the
or arguments, as they may desire. 7400.11A is publicly available as listed authority delegated to me, the Federal
Comments that provide the factual basis in the ADDRESSES section of this Aviation Administration proposes to
supporting the views and suggestions document. FAA Order 7400.11A lists amend 14 CFR part 71 as follows:
presented are particularly helpful in Class A, B, C, D, and E airspace areas,
developing reasoned regulatory air traffic service routes, and reporting PART 71—DESIGNATION OF CLASS A,
decisions on the proposal. Comments points. B, C, D, AND E AIRSPACE AREAS; AIR
are specifically invited on the overall The Proposal TRAFFIC SERVICE ROUTES; AND
regulatory, aeronautical, economic, REPORTING POINTS
The FAA is proposing an amendment
environmental, and energy-related to Title 14 Code of Federal Regulations
aspects of the proposal. ■ 1. The authority citation for 14 CFR
(14 CFR) Part 71 by establishing Class E part 71 continues to read as follows:
Communications should identify both airspace extending upward from 700
docket numbers and be submitted in Authority: 49 U.S.C. 106(f), 106(g); 40103,
feet above the surface within a 6.6-mile 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
triplicate to the address listed above. radius of Gregory M. Simmons 1959–1963 Comp., p. 389.
Commenters wishing the FAA to Memorial Airport, Cisco, TX, due to the
acknowledge receipt of their comments establishment of special instrument § 71.1 [Amended]
on this notice must submit with those approach procedures at the airport. ■ 2. The incorporation by reference in
comments a self-addressed, stamped Controlled airspace is necessary for the 14 CFR 71.1 of FAA Order 7400.11A,
postcard on which the following safety and management of instrument Airspace Designations and Reporting
statement is made: ‘‘Comments to approach procedures for IFR operations Points, dated August 3, 2016, and
Docket No. FAA–2016–9421/Airspace at the airport. effective September 15, 2016, is
Docket No. 16–ASW–17.’’ The postcard Class E airspace designations are amended as follows:
will be date/time stamped and returned published in paragraph 6005 of FAA
Paragraph 6005 Class E Airspace Areas
to the commenter. Order 7400.11A, dated August 3, 2016, Extending Upward From 700 Feet or More
All communications received before and effective September 15, 2016, which Above the Surface of the Earth.
the specified closing date for comments is incorporated by reference in 14 CFR
* * * * *
will be considered before taking action 71.1. The Class E airspace designations
listed in this document will be ASW TX E5 Cisco, TX [New]
on the proposed rule. The proposal
published subsequently in the Order. Gregory M. Simmons Airport, TX
contained in this notice may be changed
in light of the comments received. A Regulatory Notices and Analyses (Lat. 32°21′57″ N., long. 99°01′25″ W.)
report summarizing each substantive That airspace extending upward from 700
The FAA has determined that this feet above the surface within a 6.6-mile
public contact with FAA personnel regulation only involves an established radius of Gregory M. Simmons Airport.
concerned with this rulemaking will be body of technical regulations for which
filed in the docket. frequent and routine amendments are Issued in Fort Worth, Texas, on March 6,
2017.
Availability of NPRMs necessary to keep them operationally
current, is non-controversial and Walter Tweedy,
An electronic copy of this document unlikely to result in adverse or negative Acting Manager, Operations Support Group,
comments. It, therefore: (1) Is not a ATO Central Service Center.
may be downloaded through the
‘‘significant regulatory action’’ under [FR Doc. 2017–04793 Filed 3–10–17; 8:45 am]
Internet at http://www.regulations.gov.
Recently published rulemaking Executive Order 12866; (2) is not a BILLING CODE 4910–13–P

documents can also be accessed through ‘‘significant rule’’ under DOT
the FAA’s Web page at http:// Regulatory Policies and Procedures (44
www.faa.gov/air_traffic/publications/ FR 11034; February 26, 1979); and (3) DEPARTMENT OF HOMELAND
airspace_amendments/. does not warrant preparation of a SECURITY
regulatory evaluation as the anticipated
You may review the public docket impact is so minimal. Since this is a Coast Guard
containing the proposal, any comments routine matter that will only affect air
received, and any final disposition in traffic procedures and air navigation, it 33 CFR Part 165
person in the Dockets Office (see the is certified that this rule, when [Docket Number USCG–2017–0031]
ADDRESSES section for the address and promulgated, would not have a
phone number) between 9:00 a.m. and significant economic impact on a RIN 1625–AA00
5:00 p.m., Monday through Friday,
jstallworth on DSK7TPTVN1PROD with PROPOSALS

substantial number of small entities
except Federal holidays. An informal Safety Zone; Xterra Swim, Myrtle
under the criteria of the Regulatory
docket may also be examined during Beach, SC Intracoastal Waterway;
Flexibility Act.
normal business hours at the Federal Myrtle Beach, SC
Aviation Administration, Air Traffic Environmental Review
AGENCY: Coast Guard, DHS.
Organization, Central Service Center, This proposal will be subject to an ACTION: Notice of proposed rulemaking.
Operations Support Group, 10101 environmental analysis in accordance
Hillwood Parkway, Fort Worth, TX with FAA Order 1050.1F, SUMMARY: The Coast Guard proposes to
76177. ‘‘Environmental Impacts: Policies and establish a temporary safety zone on

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Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Proposed Rules 13411

certain waters of the Atlantic purpose of the proposed rule is to 13563. The Office of Management and
Intracoastal Waterway in Myrtle Beach, ensure safety of life on the navigable Budget has not reviewed it under those
South Carolina. This proposed safety water of the United States during the Orders.
zone is necessary to provide for the event. The Coast Guard proposes this The economic impact of this rule is
safety of the swimmers, participant rulemaking under authority in 33 U.S.C. not significant for the following reasons:
vessels, spectators, and the general 1231. (1) The safety zone will only be
public during the swim portion of the enforced for a total of two hours; (2)
III. Discussion of Proposed Rule although persons and vessels may not
Xterra Triathalon. This rule is intended
to prohibit non-participant vessels and The Coast Guard proposes to establish enter, transit through, anchor in, or
persons from entering, transiting a temporary safety zone on the Atlantic remain within the safety zone without
through, anchoring in, or remaining Intracoastal Waterway in Myrtle Beach, authorization from the Captain of the
within the safety zone unless authorized South Carolina during the Xterra Myrtle Port Charleston or a designated
by the Captain of the Port Charleston or Beach Triathlon, on April 23, 2017. The representative, they may operate in the
a designated representative. We invite duration of the safety zone is intended surrounding area during the
your comments on this proposed to ensure the safety of life on the enforcement period; and (3) the Coast
rulemaking. navigable waters of the Intracoastal Guard will provide advance notification
before, during, and after the scheduled of the safety zone to the local maritime
DATES: Comments and related material 7 a.m. to 9 a.m. swim portion of the community by Local Notice to Mariners
must be received by the Coast Guard on Triathalon. Approximately 75 and Broadcast Notice to Mariners.
or before April 12, 2017. participants are expected to participate
ADDRESSES: You may submit comments
B. Impact on Small Entities
in the swim portion of the race. No
identified by docket number USCG– vessel or person would be permitted to The Regulatory Flexibility Act of
2017–0031 using the Federal enter, transit through, anchor in, or 1980, 5 U.S.C. 601–612, as amended,
eRulemaking Portal at http:// remain within the safety zone without requires Federal agencies to consider
www.regulations.gov. See the ‘‘Public obtaining permission from the COTP or the potential impact of regulations on
Participation and Request for a designated representative. The ‘‘small entities’’ comprised of small
Comments’’ portion of the regulatory text we are proposing appears businesses and not-for-profit
SUPPLEMENTARY INFORMATION section for at the end of this document. The Coast organizations that are independently
further instructions on submitting Guard would provide notice of the owned and operated and are not
comments. safety zone by Local Notice to Mariners, dominant in their fields, and
Broadcast Notice to Mariners, and on- governmental jurisdictions with
FOR FURTHER INFORMATION CONTACT: If populations of less than 50,000. The
you have questions about this proposed scene designated representatives.
Coast Guard certifies under 5 U.S.C.
rulemaking, call or email Lieutenant IV. Regulatory Analyses 605(b) that this proposed rule would not
Commander John Downing, Sector have a significant economic impact on
We developed this proposed rule after
Charleston Office of Waterways a substantial number of small entities.
considering numerous statutes and
Management, Coast Guard; telephone We have considered the impact of this
executive orders related to rulemaking.
(843) 740–3184, email proposed rule on small entities. This
Below we summarize our analyses
John.Z.Downing@uscg.mil. rule may affect the following entities,
based on a number of these statutes and
SUPPLEMENTARY INFORMATION: executive orders and we discuss First some of which may be small entities:
Amendment rights of protestors. The owner or operators of vessels
I. Table of Abbreviations
intending to enter, transit through,
A. Regulatory Planning and Review anchor in, or remain within the
CFR Code of Federal Regulations
DHS Department of Homeland Security Executive Orders 12866 and 13563 regulated area during the enforcement
E.O. Executive Order direct agencies to assess the costs and period. For the reasons stated in section
FR Federal Register benefits of available regulatory IV.A. above, this proposed rule would
NPRM Notice of proposed rulemaking alternatives and, if regulation is not have a significant economic impact
Pub. L. Public Law necessary, to select regulatory on a substantial number of small
§ Section approaches that maximize net benefits. entities.
U.S.C. United States Code Executive Order 13563 emphasizes the If you think that your business,
COTP Captain of the Port importance of quantifying both costs organization, or governmental
and benefits, of reducing costs, of jurisdiction qualifies as a small entity
II. Background, Purpose, and Legal
harmonizing rules, and of promoting and that this rule would have a
Basis
flexibility. This NPRM has not been significant economic impact on it,
On January 10, 2017, Set Up Events designated a ‘‘significant regulatory please submit a comment (see
notified the Coast Guard that it will be action,’’ under Executive Order 12866. ADDRESSES) explaining why you think it
sponsoring the Xterra Myrtle Beach Accordingly, the NPRM has not been qualifies and how and to what degree
Triathalon from 7 a.m. to 9 a.m. on reviewed by the Office of Management this rule would economically affect it.
April 23, 2017. Approximately 75 and Budget. Under section 213(a) of the Small
swimmers are anticipated to participate This proposed rule is not a significant Business Regulatory Enforcement
in the swim portion of the event, located regulatory action under section 3(f) of Fairness Act of 1996 (Pub. L. 104–121),
jstallworth on DSK7TPTVN1PROD with PROPOSALS

on certain waters of the Atlantic Executive Order 12866, Regulatory we want to assist small entities in
Intracoastal Waterway in Myrtle Beach, Planning and Review, as supplemented understanding this proposed rule. If the
South Carolina. The Captain of the Port by Executive Order 13563, Improving rule would affect your small business,
Charleston (COTP) has determined that Regulation and Regulatory Review, and organization, or governmental
the potential hazards associated with does not require an assessment of jurisdiction and you have questions
the swim portion of the Triathalon potential costs and benefits under concerning its provisions or options for
constitute a safety concern for anyone section 6(a)(3) of Executive Order 12866 compliance, please contact the person
within the proposed safety zone. The or under section 1 of Executive Order listed in the FOR FURTHER INFORMATION

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Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Proposed Rules 13413

Captain of the Port Charleston or a Multimedia submissions (audio, video, Dated: January 3, 2017.
designated representative. etc.) must be accompanied by a written Alexis Strauss,
(3) The Coast Guard will provide comment. The written comment is Acting Regional Administrator, Region IX.
notice of the regulated area by Local considered the official comment and [FR Doc. 2017–04782 Filed 3–10–17; 8:45 am]
Notice to Mariners, Broadcast Notice to should include discussion of all points BILLING CODE 6560–50–P
Mariners, and on-scene designated you wish to make. The EPA will
representatives. generally not consider comments or
(d) Enforcement period. This rule will comment contents located outside of the FEDERAL COMMUNICATIONS
be enforced on from 7 a.m. until 9 a.m. primary submission (i.e. on the web, COMMISSION
on April 23, 2017.
cloud, or other file sharing system). For
Dated: March 7, 2017. additional submission methods, please 47 CFR Part 54
G. L. Tomasulo, contact the person identified in the FOR [WC Docket No. 10–90, WT Docket No. 10–
Captain, U.S. Coast Guard, Captain of the FURTHER INFORMATION CONTACT section. 208; FCC 17–11]
Port Charleston. For the full EPA public comment policy,
[FR Doc. 2017–04878 Filed 3–10–17; 8:45 am] information about CBI or multimedia Connect America Fund; Universal
BILLING CODE 9110–04–P submissions, and general guidance on Service Reform—Mobility Fund
making effective comments, please visit AGENCY: Federal Communications
http://www2.epa.gov/dockets/ Commission.
ENVIRONMENTAL PROTECTION commenting-epa-dockets. ACTION: Proposed rule.
AGENCY
FOR FURTHER INFORMATION CONTACT:
SUMMARY: In this document, the
40 CFR Part 52 Ginger Vagenas, EPA Region IX, (415)
Commission seeks comment on the
972–3964, vagenas.ginger@epa.gov.
[EPA–R09–OAR–2016–0772; FRL–9958–18– parameters for the process in
Region 9] SUPPLEMENTARY INFORMATION: determining whether areas are eligible
Throughout this document, ‘‘we,’’ ‘‘us’’ for funding under the Mobility Fund
Determination of Attainment and and ‘‘our’’ refer to the EPA. This Phase II. The Commission established
Approval of Base Year Emissions proposal pertains to the 2008 winter and the framework for the Mobility Fund
Inventories for the Imperial County, Phase II in a Report and Order—adopted
annual base year emissions inventories
California Fine Particulate Matter concurrently with the Further Notice of
in a plan submitted by the California Air
Nonattainment Area Proposed Rulemaking (Further
Resources Board to address the
AGENCY: Environmental Protection attainment planning requirements for Notice)—but had remaining questions
Agency (EPA). the Imperial County NA. It also regarding the process in which entities
ACTION: Proposed rule. addresses our determination (also may challenge the areas eligible for
referred to as a clean data determination support. Therefore, the Commission
SUMMARY: The Environmental Protection anticipates that additional comment
or CDD) that the Imperial County NA
Agency (EPA) is determining that the will allow it to make more informed
has attained the 2006 24-hour PM2.5
Imperial County, California Moderate decisions on the challenge process,
NAAQS. In the Rules and Regulations
nonattainment area (‘‘the Imperial thereby making a more robust, targeted
section of this issue of the Federal challenge process that efficiently
County NA’’) has attained the 2006 24-
Register, we are approving the 2008 resolves disputes about areas eligible for
hour fine particulate matter (PM2.5)
national ambient air quality standard winter and annual base year emissions MF–II support.
(NAAQS). The EPA is also approving a inventories and making this CDD in a
DATES: Comments are due on or before
revision to California’s state direct final action without prior
April 12, 2017, and reply comments are
implementation plan (SIP) consisting of proposal because we believe this SIP due on or before April 27, 2017.
the 2008 winter and annual base year revision and CDD are not controversial.
ADDRESSES: All filings in response to the
emissions inventories for the Imperial If, however, we receive adverse
Further Notice must refer to WC Docket
County NA submitted by California Air comments we will publish a timely
No. 10–90 and WT Docket No. 10–208.
Resources Board on January 9, 2015. withdrawal of the direct final rule and The Commission strongly encourages
DATES: Any comments on this proposal address the comments in subsequent parties to develop responses to the
must arrive by April 12, 2017. action based on this proposed rule. If we Further Notice that adhere to the
ADDRESSES: Submit your comments, receive adverse comment on a distinct organization and structure of the
identified by Docket ID No. EPA–R09– provision of this rulemaking, we will Further Notice. Comments may be filed
OAR–2016–0772 at http:// publish a timely withdrawal in the using the Commission’s Electronic
www.regulations.gov, or via email to Federal Register indicating which Comment Filing System (ECFS):
Ginger Vagenas, at vagenas.ginger@ provision we are withdrawing. The • Electronic Filers: Comments may be
epa.gov. For comments submitted at provision that is not withdrawn will filed electronically using the Internet by
Regulations.gov, follow the online become effective on the date set out accessing ECFS: http://fjallfoss.fcc.gov/
instructions for submitting comments. above, notwithstanding adverse ecfs2.
Once submitted, comments cannot be comment on the other provision. • Paper Filers: Parties who choose to
jstallworth on DSK7TPTVN1PROD with PROPOSALS

removed or edited from Regulations.gov. We do not plan to open a second file by paper must file an original and
For either manner of submission, the comment period, so anyone interested one copy of each filing. Filers must
EPA may publish any comment received in commenting should do so at this submit two additional copies for each
to its public docket. Do not submit additional docket or rulemaking
time. If we do not receive adverse
electronically any information you number. Filings can be sent by hand or
comments, no further activity is
consider to be Confidential Business messenger delivery, by commercial
planned. For further information, please
Information (CBI) or other information overnight courier, or by first-class or
whose disclosure is restricted by statute. see the direct final action. overnight U.S. Postal Service mail. All

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Document Created: 2018-02-01 14:57:54
Document Modified: 2018-02-01 14:57:54

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before April 12, 2017.
Contact		If you have questions about this proposed rulemaking, call or email Lieutenant Commander John Downing, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]
FR Citation		82 FR 13410
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 13410 - Safety Zone; Xterra Swim, Myrtle Beach, SC Intracoastal Waterway; Myrtle Beach, SC

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 47 (March 13, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard