82_FR_15535 82 FR 15476 - Safety Zone; Tall Ships Charleston, Cooper River, Charleston, SC

82 FR 15476 - Safety Zone; Tall Ships Charleston, Cooper River, Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 59 (March 29, 2017)

Page Range15476-15478
FR Document2017-06188

The Coast Guard proposes to establish a temporary safety zone on the waters of the Cooper River in Charleston, South Carolina. This proposed safety zone is necessary to provide for the safety of participant vessels, and the general public during Tall Ships Charleston, an event allowing for public tours of tall ships (large sailing vessels) from various countries while at the docks of Veterans Terminal on the Cooper River in Charleston, South Carolina. This rule is intended to prohibit persons and vessels 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 59 (Wednesday, March 29, 2017)
[Federal Register Volume 82, Number 59 (Wednesday, March 29, 2017)]
[Proposed Rules]
[Pages 15476-15478]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06188]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0121]
RIN 1625-AA00


Safety Zone; Tall Ships Charleston, Cooper River, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the waters of the Cooper River in Charleston, South Carolina. This 
proposed safety zone is necessary to provide for the safety of 
participant vessels, and the general public during Tall Ships 
Charleston, an event allowing for public tours of tall ships (large 
sailing vessels) from various countries while at the docks of Veterans 
Terminal on the Cooper River in Charleston, South Carolina. This rule 
is intended to prohibit persons and vessels 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 28, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0121 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 December 1, 2016, Tall Ships Charleston notified the Coast Guard 
that they will be sponsoring the Tall Ships Charleston event on May 18, 
2017 through May 21, 2017. Approximately 10,000 spectators are 
anticipated to participate in the public tours of tall ships (large 
sailing vessels) at the Veterans Terminal on the Cooper River in 
Charleston, South Carolina. The Captain of the Port Charleston (COTP) 
has determined that the potential hazards associated with public tours 
of these tall ships constitute a safety concern for anyone within the 
proposed safety zone. The purpose of the rule is to ensure the safety 
of life on the navigable waters of the Cooper River during the 
scheduled 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 waters of the Cooper River in Charleston, South Carolina, during 
Tall Ships Charleston from May 18 through May 21, 2017. The duration of 
the safety zone is intended to ensure the safety of life on the 
navigable waters of the Cooper River at Veterans Terminal before, 
during, and after the schedule public touring event. No person or 
vessel would be permitted to enter, transit through, anchor in, or 
remain within the proposed 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 will 
provide notice of the safety zone by Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking.

[[Page 15477]]

Below we summarize our analyses based on a number of these statutes and 
executive orders.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O.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 E.O. 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) 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 (2) 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'' comprises small businesses, not-for-
profit organizations that are independently owned and operated and are 
not dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000. The Coast Guard certifies under 5 
U.S.C. 605(b) that this proposed rule would not have a significant 
economic impact on a substantial number of small entities.
    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 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 E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. 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 expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a safety 
zone prohibiting vessel traffic from a limited area surrounding the 
Veterans Terminal on the waters of the Cooper River for a 3 day period. 
This rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. We seek any comments 
or information that may lead to the discovery of a significant 
environmental impact from this rule.

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://

[[Page 15478]]

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--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. 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.  165.35T07-0121 to read as follows:


Sec.  165.T07-0121   Safety Zone; Tall Ships Charleston, Charleston, 
SC.

    (a) Location. This rule establishes a temporary safety zone on 
certain waters of the Cooper River, Charleston, South Carolina. The 
temporary safety zone consists of navigable waters of the Cooper River 
which begin at the shoreline and extend 100 yards off of each pier 
located at Veterans Terminal.
    (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 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 proposed rule will be enforced from 
May 18, 2017 through May 21, 2017.

    Dated: March 23, 2017.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2017-06188 Filed 3-28-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                    15476                 Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Proposed Rules

                                                    (d) Subject                                             (i) Related Information                               Commander John Downing, Sector
                                                      Joint Aircraft System Component (JASC)                   For more information about this AD,                Charleston Office of Waterways
                                                    Code 7250, Turbine Section.                             contact John Tallarovic, Aerospace Engineer,          Management, Coast Guard; telephone
                                                                                                            Chicago Aircraft Certification Office, FAA,           (843) 740–3184, email John.Z.Downing@
                                                    (e) Unsafe Condition                                    2300 E. Devon Ave., Des Plaines, IL 60018;            uscg.mil.
                                                      This AD was prompted by in-service                    phone: 847–294–8180; fax: 847–294–7834;
                                                                                                                                                                  SUPPLEMENTARY INFORMATION:
                                                    turbine wheel blade failures that revealed the          email: john.m.tallarovic@faa.gov.
                                                    need for changes to the inspections of certain            Issued in Burlington, Massachusetts, on             I. Table of Abbreviations
                                                    3rd-stage turbine wheels and removal from               March 17, 2017.                                       CFR Code of Federal Regulations
                                                    service of certain 4th-stage turbine wheels.
                                                                                                            Thomas A. Boudreau,                                   DHS Department of Homeland Security
                                                    We are issuing this AD to prevent failure of
                                                                                                            Acting Manager, Engine & Propeller                    E.O. Executive order
                                                    the 3rd-stage and 4th-stage turbine wheel                                                                     FR Federal Register
                                                    blades, damage to the engine, and damage to             Directorate, Aircraft Certification Service.
                                                                                                                                                                  NPRM Notice of proposed rulemaking
                                                    the aircraft.                                           [FR Doc. 2017–06174 Filed 3–28–17; 8:45 am]           Pub. L. Public Law
                                                    (f) Compliance                                          BILLING CODE 4910–13–P                                § Section
                                                                                                                                                                  U.S.C. United States Code
                                                       Comply with this AD within the                                                                             COTP Captain of the Port
                                                    compliance times specified, unless already
                                                    done.                                                   DEPARTMENT OF HOMELAND                                II. Background, Purpose, and Legal
                                                       (1) Within 1,775 hours since last visual             SECURITY                                              Basis
                                                    inspection and fluorescent-penetrant
                                                    inspection (FPI) or before the next flight after        Coast Guard                                              On December 1, 2016, Tall Ships
                                                    the effective date of this AD, whichever                                                                      Charleston notified the Coast Guard that
                                                    occurs later:                                           33 CFR Part 165                                       they will be sponsoring the Tall Ships
                                                       (i) Remove 3rd-stage turbine wheels, P/N                                                                   Charleston event on May 18, 2017
                                                    23065818, and perform a visual inspection               [Docket Number USCG–2017–0121]                        through May 21, 2017. Approximately
                                                    and an FPI on the removed turbine wheels                RIN 1625–AA00                                         10,000 spectators are anticipated to
                                                    for cracks at the trailing edge of the turbine                                                                participate in the public tours of tall
                                                    blades, near the fillet at the rim.                     Safety Zone; Tall Ships Charleston,                   ships (large sailing vessels) at the
                                                       (ii) Thereafter, re-inspect the affected             Cooper River, Charleston, SC                          Veterans Terminal on the Cooper River
                                                    turbine wheels every 1,775 hours since last                                                                   in Charleston, South Carolina. The
                                                    inspection (HSLI).                                      AGENCY:   Coast Guard, DHS.                           Captain of the Port Charleston (COTP)
                                                       (2) Within 2,025 hours after the effective
                                                                                                            ACTION:   Notice of proposed rulemaking.              has determined that the potential
                                                    date of this AD:
                                                       (i) Remove 3rd-stage turbine wheels, P/N                                                                   hazards associated with public tours of
                                                                                                            SUMMARY:   The Coast Guard proposes to                these tall ships constitute a safety
                                                    RR30000236, and perform a visual inspection
                                                    and an FPI on the removed turbine wheels
                                                                                                            establish a temporary safety zone on the              concern for anyone within the proposed
                                                    for cracks at the trailing edge of the turbine          waters of the Cooper River in                         safety zone. The purpose of the rule is
                                                    blades, near the fillet at the rim.                     Charleston, South Carolina. This                      to ensure the safety of life on the
                                                       (ii) Thereafter, re-inspect the turbine              proposed safety zone is necessary to                  navigable waters of the Cooper River
                                                    wheels every 2,025 HSLI.                                provide for the safety of participant                 during the scheduled event. The Coast
                                                       (3) Any time the power turbine is                    vessels, and the general public during                Guard proposes this rulemaking under
                                                    disassembled, perform a visual inspection               Tall Ships Charleston, an event allowing              authority in 33 U.S.C. 1231.
                                                    and an FPI on 3rd-stage turbine wheels, P/              for public tours of tall ships (large
                                                    N 23065818 or P/N RR30000236, for cracks                sailing vessels) from various countries               III. Discussion of Proposed Rule
                                                    at the trailing edge of the turbine blades, near        while at the docks of Veterans Terminal                  The Coast Guard proposes to establish
                                                    the fillet at the rim.
                                                       (4) Do not return to service any turbine
                                                                                                            on the Cooper River in Charleston,                    a temporary safety zone on the waters of
                                                    wheels found to have cracks.                            South Carolina. This rule is intended to              the Cooper River in Charleston, South
                                                       (5) Within 1,775 HSLI, or at the next                prohibit persons and vessels from                     Carolina, during Tall Ships Charleston
                                                    engine shop visit, whichever occurs later,              entering, transiting through, anchoring               from May 18 through May 21, 2017. The
                                                    remove 4th-stage turbine wheels, P/N                    in, or remaining within the safety zone               duration of the safety zone is intended
                                                    23055944, from service.                                 unless authorized by the Captain of the               to ensure the safety of life on the
                                                       (6) Within 2,025 HSLI, or at the next                Port Charleston or a designated                       navigable waters of the Cooper River at
                                                    engine shop visit, whichever occurs later,              representative. We invite your                        Veterans Terminal before, during, and
                                                    remove 4th-stage turbine wheels, P/N                    comments on this proposed rulemaking.                 after the schedule public touring event.
                                                    RR30000240, from service.                                                                                     No person or vessel would be permitted
                                                                                                            DATES: Comments and related material
                                                    (g) Definition                                          must be received by the Coast Guard on                to enter, transit through, anchor in, or
                                                       For the purpose of this AD, ‘‘engine shop            or before April 28, 2017.                             remain within the proposed safety zone
                                                    visit’’ is the induction of an engine into the          ADDRESSES: You may submit comments
                                                                                                                                                                  without obtaining permission from the
                                                    shop for maintenance involving the                      identified by docket number USCG–                     COTP or a designated representative.
                                                    separation of pairs of major mating engine
                                                                                                            2017–0121 using the Federal                           The regulatory text we are proposing
                                                    flanges, except that the separation of engine                                                                 appears at the end of this document.
                                                    flanges solely for the purposes of
                                                                                                            eRulemaking Portal at http://
                                                                                                            www.regulations.gov. See the ‘‘Public                 The Coast Guard will provide notice of
                                                    transportation without subsequent engine                                                                      the safety zone by Local Notice to
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    maintenance does not constitute an engine               Participation and Request for
                                                                                                            Comments’’ portion of the                             Mariners, Broadcast Notice to Mariners,
                                                    shop visit.
                                                                                                            SUPPLEMENTARY INFORMATION section for
                                                                                                                                                                  and on-scene designated
                                                    (h) Alternative Methods of Compliance
                                                                                                            further instructions on submitting                    representatives.
                                                    (AMOCs)
                                                                                                            comments.                                             IV. Regulatory Analyses
                                                      The Manager, Chicago Aircraft
                                                    Certification Office, FAA, may approve                  FOR FURTHER INFORMATION CONTACT:   If                   We developed this proposed rule after
                                                    AMOCs for this AD. Use the procedures                   you have questions about this proposed                considering numerous statutes and
                                                    found in 14 CFR 39.19 to make your request.             rulemaking, call or email Lieutenant                  executive orders related to rulemaking.


                                               VerDate Sep<11>2014   16:10 Mar 28, 2017   Jkt 241001   PO 00000   Frm 00009   Fmt 4702   Sfmt 4702   E:\FR\FM\29MRP1.SGM   29MRP1


                                                                          Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Proposed Rules                                            15477

                                                    Below we summarize our analyses                         regulated area during the enforcement                 E. Unfunded Mandates Reform Act
                                                    based on a number of these statutes and                 period. For the reasons stated in section               The Unfunded Mandates Reform Act
                                                    executive orders.                                       IV.A above, this proposed rule would                  of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                            not have a significant economic impact                Federal agencies to assess the effects of
                                                    A. Regulatory Planning and Review
                                                                                                            on a substantial number of small                      their discretionary regulatory actions. In
                                                       E.O.s 12866 and 13563 direct agencies                entities.                                             particular, the Act addresses actions
                                                    to assess the costs and benefits of                        If you think that your business,                   that may result in the expenditure by a
                                                    available regulatory alternatives and, if               organization, or governmental                         State, local, or tribal government, in the
                                                    regulation is necessary, to select                      jurisdiction qualifies as a small entity              aggregate, or by the private sector of
                                                    regulatory approaches that maximize                     and that this rule would have a                       $100,000,000 (adjusted for inflation) or
                                                    net benefits. E.O.13563 emphasizes the                  significant economic impact on it,                    more in any one year. Though this
                                                    importance of quantifying both costs                    please submit a comment (see                          proposed rule would not result in such
                                                    and benefits, of reducing costs, of                     ADDRESSES) explaining why you think it
                                                                                                                                                                  expenditure, we do discuss the effects of
                                                    harmonizing rules, and of promoting                     qualifies and how and to what degree                  this rule elsewhere in this preamble.
                                                    flexibility. This NPRM has not been                     this rule would economically affect it.
                                                    designated a ‘‘significant regulatory                      Under section 213(a) of the Small                  F. Environment
                                                    action,’’ under E.O. 12866. Accordingly,                Business Regulatory Enforcement                          We have analyzed this proposed rule
                                                    the NPRM has not been reviewed by the                   Fairness Act of 1996 (Pub. L. 104–121),               under Department of Homeland
                                                    Office of Management and Budget.                        we want to assist small entities in                   Security Management Directive 023–01
                                                       This proposed rule is not a significant              understanding this proposed rule. If the              and Commandant Instruction
                                                    regulatory action under section 3(f) of                 rule would affect your small business,                M16475.lD, which guide the Coast
                                                    Executive Order 12866, Regulatory                       organization, or governmental                         Guard in complying with the National
                                                    Planning and Review, as supplemented                    jurisdiction and you have questions                   Environmental Policy Act of 1969 (42
                                                    by Executive Order 13563, Improving                     concerning its provisions or options for              U.S.C. 4321–4370f), and have made a
                                                    Regulation and Regulatory Review, and                   compliance, please contact the person                 preliminary determination that this
                                                    does not require an assessment of                       listed in the FOR FURTHER INFORMATION                 action is one of a category of actions that
                                                    potential costs and benefits under                      CONTACT section. The Coast Guard will                 do not individually or cumulatively
                                                    section 6(a)(3) of Executive Order 12866                not retaliate against small entities that             have a significant effect on the human
                                                    or under section 1 of Executive Order                   question or complain about this                       environment. This proposed rule
                                                    13563. The Office of Management and                     proposed rule or any policy or action of              involves a safety zone prohibiting vessel
                                                    Budget has not reviewed it under those                  the Coast Guard.                                      traffic from a limited area surrounding
                                                    Orders.                                                                                                       the Veterans Terminal on the waters of
                                                       The economic impact of this rule is                  C. Collection of Information
                                                                                                                                                                  the Cooper River for a 3 day period.
                                                    not significant for the following reasons:                This proposed rule would not call for               This rule is categorically excluded from
                                                    (1) Although persons and vessels may                    a new collection of information under                 further review under paragraph 34(g) of
                                                    not enter, transit through, anchor in, or               the Paperwork Reduction Act of 1995                   Figure 2–1 of the Commandant
                                                    remain within the safety zone without                   (44 U.S.C. 3501–3520).                                Instruction. We seek any comments or
                                                    authorization from the Captain of the                                                                         information that may lead to the
                                                                                                            D. Federalism and Indian Tribal
                                                    Port Charleston or a designated                                                                               discovery of a significant environmental
                                                                                                            Governments
                                                    representative, they may operate in the                                                                       impact from this rule.
                                                    surrounding area during the                                A rule has implications for federalism
                                                    enforcement period; and (2) the Coast                   under E.O. 13132, Federalism, if it has               G. Protest Activities
                                                    Guard will provide advance notification                 a substantial direct effect on the States,              The Coast Guard respects the First
                                                    of the safety zone to the local maritime                on the relationship between the national              Amendment rights of protesters.
                                                    community by Local Notice to Mariners                   government and the States, or on the                  Protesters are asked to contact the
                                                    and Broadcast Notice to Mariners.                       distribution of power and                             person listed in the FOR FURTHER
                                                                                                            responsibilities among the various                    INFORMATION CONTACT section to
                                                    B. Impact on Small Entities                             levels of government. We have analyzed                coordinate protest activities so that your
                                                       The Regulatory Flexibility Act of                    this proposed rule under that Order and               message can be received without
                                                    1980, (5 U.S.C. 601–612), as amended                    have determined that it is consistent                 jeopardizing the safety or security of
                                                    requires Federal agencies to consider                   with the fundamental federalism                       people, places, or vessels.
                                                    the potential impact of regulations on                  principles and preemption requirements
                                                    ‘‘small entities’’ comprises small                      described in E.O. 13132.                              V. Public Participation and Request for
                                                    businesses, not-for-profit organizations                   Also, this proposed rule does not have             Comments
                                                    that are independently owned and                        tribal implications under E.O. 13175,                   We view public participation as
                                                    operated and are not dominant in their                  Consultation and Coordination with                    essential to effective rulemaking, and
                                                    fields, and governmental jurisdictions                  Indian Tribal Governments, because it                 will consider all comments and material
                                                    with populations of less than 50,000.                   would not have a substantial direct                   received during the comment period.
                                                    The Coast Guard certifies under 5 U.S.C.                effect on one or more Indian tribes, on               Your comment can help shape the
                                                    605(b) that this proposed rule would not                the relationship between the Federal                  outcome of this rulemaking. If you
                                                    have a significant economic impact on                   Government and Indian tribes, or on the               submit a comment, please include the
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    a substantial number of small entities.                 distribution of power and                             docket number for this rulemaking,
                                                       We have considered the impact of this                responsibilities between the Federal                  indicate the specific section of this
                                                    proposed rule on small entities. This                   Government and Indian tribes. If you                  document to which each comment
                                                    rule may affect the following entities,                 believe this proposed rule has                        applies, and provide a reason for each
                                                    some of which may be small entities:                    implications for federalism or Indian                 suggestion or recommendation.
                                                    the owner or operators of vessels                       tribes, please contact the person listed                We encourage you to submit
                                                    intending to enter, transit through,                    in the FOR FURTHER INFORMATION                        comments through the Federal
                                                    anchor in, or remain within the                         CONTACT section above.                                eRulemaking Portal at http://


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                                                    15478                 Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Proposed Rules

                                                    www.regulations.gov. If your material                      (1) All persons and vessels are                    remaining within the moving safety
                                                    cannot be submitted using http://                       prohibited from entering, transiting                  zone unless authorized by the Captain
                                                    www.regulations.gov, contact the person                 through, anchoring in, or remaining                   of the Port Charleston or a designated
                                                    in the FOR FURTHER INFORMATION                          within the regulated area unless                      representative. We invite your
                                                    CONTACT section of this document for                    authorized by the Captain of the Port                 comments on this proposed rulemaking.
                                                    alternate instructions.                                 Charleston or a designated                            DATES: Comments and related material
                                                       We accept anonymous comments. All                    representative.                                       must be received by the Coast Guard on
                                                    comments received will be posted                           (2) Persons and vessels desiring to                or before April 28, 2017.
                                                    without change to http://                               enter, transit through, or remain within              ADDRESSES: You may submit comments
                                                    www.regulations.gov and will include                    the regulated area may contact the                    identified by docket number USCG–
                                                    any personal information you have                       Captain of the Port Charleston by                     2017–0123 using the Federal
                                                    provided. For more about privacy and                    telephone at 843–740–7050, or a                       eRulemaking Portal at http://
                                                    the docket, you may review a Privacy                    designated representative via VHF radio               www.regulations.gov. See the ‘‘Public
                                                    Act notice regarding the Federal Docket                 on channel 16, to request authorization.              Participation and Request for
                                                    Management System in the March 24,                      If authorization to enter, transit through,           Comments’’ portion of the
                                                    2005, issue of the Federal Register (70                 or remain within the regulated area is                SUPPLEMENTARY INFORMATION section for
                                                    FR 15086).                                              granted by the Captain of the Port                    further instructions on submitting
                                                       Documents mentioned in this NPRM                     Charleston or a designated                            comments.
                                                    as being available in the docket, and all               representative, all persons and vessels
                                                    public comments, will be in our online                                                                        FOR FURTHER INFORMATION CONTACT: If
                                                                                                            receiving such authorization must
                                                    docket at http://www.regulations.gov                    comply with the instructions of the                   you have questions about this proposed
                                                    and can be viewed by following that                     Captain of the Port Charleston or a                   rulemaking, call or email Lieutenant
                                                    Web site’s instructions. Additionally, if               designated representative.                            Commander John Downing, Sector
                                                    you go to the online docket and sign up                    (3) The Coast Guard will provide                   Charleston Office of Waterways
                                                    for email alerts, you will be notified                  notice of the regulated area by Local                 Management, Coast Guard; telephone
                                                    when comments are posted or a final                     Notice to Mariners, Broadcast Notice to               (843) 740–3184, email John.Z.Downing@
                                                    rule is published.                                      Mariners, and on-scene designated                     uscg.mil.
                                                                                                            representatives.                                      SUPPLEMENTARY INFORMATION:
                                                    List of Subjects in 33 CFR Part 165
                                                                                                               (d) Enforcement Period. This                       I. Table of Abbreviations
                                                      Harbors, Marine safety, Navigation                    proposed rule will be enforced from
                                                    (water), Reporting and recordkeeping                    May 18, 2017 through May 21, 2017.                    CFR Code of Federal Regulations
                                                    requirements, Security measures,                                                                              DHS Department of Homeland Security
                                                                                                              Dated: March 23, 2017.                              E.O. Executive order
                                                    Waterways.
                                                                                                            G.L. Tomasulo,                                        FR Federal Register
                                                      For the reasons discussed in the                                                                            NPRM Notice of proposed rulemaking
                                                                                                            Captain, U.S. Coast Guard, Captain of the
                                                    preamble, the Coast Guard proposes to                                                                         Pub. L. Public Law
                                                                                                            Port Charleston.
                                                    amend 33 CFR part 165 as follows:                                                                             § Section
                                                                                                            [FR Doc. 2017–06188 Filed 3–28–17; 8:45 am]           U.S.C. United States Code
                                                    PART 165—REGULATED NAVIGATION                           BILLING CODE 9110–04–P                                COTP Captain of the Port
                                                    AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                                  II. Background, Purpose, and Legal
                                                    ■ 1. The authority citation for part 165                DEPARTMENT OF HOMELAND                                Basis
                                                    continues to read as follows:                           SECURITY                                                 On December 1, 2016, Tall Ships
                                                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191,                                                                   Charleston notified the Coast Guard that
                                                    33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and
                                                                                                            Coast Guard                                           they will be sponsoring the Tall Ships
                                                    Department of Homeland Security Delegation                                                                    Charleston Parade Around the Harbor
                                                    No. 0170.                                               33 CFR Part 165                                       from 2 p.m. to 5 p.m. on May 18, 2017.
                                                    ■ 2. Add a temporary § 165.35T07–0121                   [Docket Number USCG–2017–0123]                        Approximately eight ships are
                                                    to read as follows:                                                                                           anticipated to participate in the parade
                                                                                                            RIN 1625–AA00                                         event, which will take place on certain
                                                    § 165.T07–0121 Safety Zone; Tall Ships                                                                        navigable waters of the Cooper River
                                                    Charleston, Charleston, SC.                             Safety Zone, Tall Ships Charleston
                                                                                                            Parade Around the Harbor; Charleston,                 and the Charleston Harbor in
                                                      (a) Location. This rule establishes a                                                                       Charleston, South Carolina. The Captain
                                                                                                            SC
                                                    temporary safety zone on certain waters                                                                       of the Port Charleston (COTP) has
                                                    of the Cooper River, Charleston, South                  AGENCY:   Coast Guard, DHS.                           determined that the potential hazards
                                                    Carolina. The temporary safety zone                     ACTION:   Notice of proposed rulemaking.              associated with the parade constitute a
                                                    consists of navigable waters of the                                                                           safety concern for anyone within the
                                                    Cooper River which begin at the                         SUMMARY:   The Coast Guard proposes to                proposed moving safety zone. The
                                                    shoreline and extend 100 yards off of                   establish a temporary moving safety                   purpose of the proposed rule is to
                                                    each pier located at Veterans Terminal.                 zone during the Tall Ships Charleston                 ensure safety of life on the navigable
                                                      (b) Definition. The term ‘‘designated                 Parade Around the Harbor, a parade of                 water of the United States during the
                                                    representative’’ means Coast Guard                      ships occurring on the Cooper River and               event. The Coast Guard proposes this
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    Patrol Commanders, including Coast                      Charleston Harbor in Charleston, South                rulemaking under authority in 33 U.S.C.
                                                    Guard coxswains, petty officers, and                    Carolina. The temporary moving safety                 1231.
                                                    other officers operating Coast Guard                    zone is necessary to protect participant
                                                    vessels, and Federal, state, and local                  vessels, spectators, and the general                  III. Discussion of Proposed Rule
                                                    officers designated by or assisting the                 public during the event. This rule is                    The Coast Guard proposes to establish
                                                    Captain of the Port Charleston in the                   intended to prohibit persons and non-                 a temporary moving safety zone on the
                                                    enforcement of the regulated areas.                     participant vessels from entering,                    waters of the Cooper River and
                                                      (c) Regulations.                                      transiting through, anchoring in, or                  Charleston Harbor in Charleston, South


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Document Created: 2017-03-29 01:14:37
Document Modified: 2017-03-29 01:14:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before April 28, 2017.
ContactIf 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 Citation82 FR 15476 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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