82_FR_15537 82 FR 15478 - Safety Zone, Tall Ships Charleston Parade Around the Harbor; Charleston, SC

82 FR 15478 - Safety Zone, Tall Ships Charleston Parade Around the Harbor; Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range15478-15480
FR Document2017-06187

The Coast Guard proposes to establish a temporary moving safety zone during the Tall Ships Charleston Parade Around the Harbor, a parade of ships occurring on the Cooper River and Charleston Harbor in Charleston, South Carolina. The temporary moving safety zone is necessary to protect participant vessels, spectators, and the general public during the event. This rule is intended to prohibit persons and non-participant vessels from entering, transiting through, anchoring in, or remaining within the moving 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 15478-15480]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06187]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0123]
RIN 1625-AA00


Safety Zone, Tall Ships Charleston Parade Around the Harbor; 
Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary moving 
safety zone during the Tall Ships Charleston Parade Around the Harbor, 
a parade of ships occurring on the Cooper River and Charleston Harbor 
in Charleston, South Carolina. The temporary moving safety zone is 
necessary to protect participant vessels, spectators, and the general 
public during the event. This rule is intended to prohibit persons and 
non-participant vessels from entering, transiting through, anchoring 
in, or remaining within the moving 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-
2017-0123 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 Parade Around 
the Harbor from 2 p.m. to 5 p.m. on May 18, 2017. Approximately eight 
ships are anticipated to participate in the parade event, which will 
take place on certain navigable waters of the Cooper River and the 
Charleston Harbor in Charleston, South Carolina. The Captain of the 
Port Charleston (COTP) has determined that the potential hazards 
associated with the parade constitute a safety concern for anyone 
within the proposed moving 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 moving safety 
zone on the waters of the Cooper River and Charleston Harbor in 
Charleston, South

[[Page 15479]]

Carolina, during the Tall Ships Charleston Parade Around the Harbor, 
from 2 p.m. until 5 p.m. on May 18, 2017. The duration of the safety 
zone is intended to ensure the safety of life on the navigable waters 
of the Cooper River and Charleston Harbor during the parade. 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 proposed rule is not significant for 
the following reasons: (1) The safety zone would be enforced for only 
three hours; (2) the safety zone would move with participant vessels so 
that once the ships clear a portion of the waterway, the safety zone 
would no longer be enforced in that portion of the waterway; (3) 
although persons and vessels may not enter, transit through, anchor in, 
or remain within the safety zone without authorization from the COTP or 
a designated representative, they would be able to operate in the 
surrounding area during the enforcement period; (4) persons and vessels 
would still be able to enter or transit through the safety zone if 
authorized by the COTP or a designated representative; and (5) the 
Coast Guard would provide advance notification of the safety zone to 
the local maritime community by Local Notice to Mariners and Broadcast 
Notice to Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on 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 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a 
temporary moving safety zone lasting three hours which would prohibit 
entry into, transit through,

[[Page 15480]]

anchoring within, or remaining within the safety zone during the parade 
event. Normally such actions are categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. A preliminary environmental analysis checklist and 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant 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--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, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add a temporary Sec.  165.T07-0123 to read as follows:


Sec.  165.T07-0123   Safety Zone; Tall Ships Charleston Parade Around 
the Harbor, Charleston, SC.

    (a) Regulated area. The rule establishes the following regulated 
area as a temporary moving safety zone: All waters 100 yards in front 
of the first parade vessel, 100 yards behind the last parade vessel, 
and 100 yards on either side of all Parade vessels. The Tall Ships 
Charleston Parade Around the Harbor consists of an eight mile course 
that starts near Fort Sumter in approximate position 32[deg]45'25'' N./
079[deg]52'20'' W. and follows the shipping channel north, along the 
Cooper River ending at Veterans Terminal in approximate position 
32[deg]51'18'' N./079[deg]56'57'' W.
    (b) Definition. As used in this section, ``designated 
representative'' means Coast Guard Patrol Commanders, including Coast 
Guard coxswains, petty officers, and other officers operating Coast 
Guard vessels, and Federal, state, and local officers designated by or 
assisting the Captain of the Port Charleston in the enforcement of the 
regulated areas.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
area, except persons and vessels participating in the Tall Ships 
Charleston Parade Around the Harbor and those serving as safety 
vessels.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Charleston by telephone at (843) 740-7050, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Marine Safety Information Bulletins, Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement period. This rule will be enforced from 2 p.m. 
until 5 p.m. on May 18, 2017.

    Dated: March 23, 2017.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2017-06187 Filed 3-28-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                    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


                                               VerDate Sep<11>2014   16:10 Mar 28, 2017   Jkt 241001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\29MRP1.SGM   29MRP1


                                                                          Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Proposed Rules                                            15479

                                                    Carolina, during the Tall Ships                         vessels may not enter, transit through,               the Paperwork Reduction Act of 1995
                                                    Charleston Parade Around the Harbor,                    anchor in, or remain within the safety                (44 U.S.C. 3501–3520).
                                                    from 2 p.m. until 5 p.m. on May 18,                     zone without authorization from the
                                                                                                                                                                  D. Federalism and Indian Tribal
                                                    2017. The duration of the safety zone is                COTP or a designated representative,
                                                                                                                                                                  Governments
                                                    intended to ensure the safety of life on                they would be able to operate in the
                                                    the navigable waters of the Cooper River                surrounding area during the                              A rule has implications for federalism
                                                    and Charleston Harbor during the                        enforcement period; (4) persons and                   under Executive Order 13132,
                                                    parade. No vessel or person would be                    vessels would still be able to enter or               Federalism, if it has a substantial direct
                                                    permitted to enter, transit through,                    transit through the safety zone if                    effect on the States, on the relationship
                                                    anchor in, or remain within the safety                  authorized by the COTP or a designated                between the national government and
                                                    zone without obtaining permission from                  representative; and (5) the Coast Guard               the States, or on the distribution of
                                                    the COTP or a designated                                would provide advance notification of                 power and responsibilities among the
                                                    representative. The regulatory text we                  the safety zone to the local maritime                 various levels of government. We have
                                                    are proposing appears at the end of this                community by Local Notice to Mariners                 analyzed this proposed rule under that
                                                    document. The Coast Guard would                         and Broadcast Notice to Mariners.                     Order and have determined that it is
                                                    provide notice of the safety zone by                                                                          consistent with the fundamental
                                                    Local Notice to Mariners, Broadcast                     B. Impact on Small Entities                           federalism principles and preemption
                                                    Notice to Mariners, and on-scene                           The Regulatory Flexibility Act of                  requirements described in Executive
                                                    designated representatives.                             1980, 5 U.S.C. 601–612, as amended,                   Order 13132.
                                                                                                            requires Federal agencies to consider                    Also, this proposed rule does not have
                                                    IV. Regulatory Analyses                                                                                       tribal implications under Executive
                                                                                                            the potential impact of regulations on
                                                      We developed this proposed rule after                 small entities during rulemaking. The                 Order 13175, Consultation and
                                                    considering numerous statutes and                       term ‘‘small entities’’ comprises small               Coordination with Indian Tribal
                                                    Executive orders related to rulemaking.                 businesses, not-for-profit organizations              Governments, because it would not have
                                                    Below we summarize our analyses                         that are independently owned and                      a substantial direct effect on one or
                                                    based on a number of these statutes and                 operated and are not dominant in their                more Indian tribes, on the relationship
                                                    Executive orders and we discuss First                   fields, and governmental jurisdictions                between the Federal Government and
                                                    Amendment rights of protestors.                         with populations of less than 50,000.                 Indian tribes, or on the distribution of
                                                    A. Regulatory Planning and Review                       The Coast Guard certifies under 5 U.S.C.              power and responsibilities between the
                                                                                                            605(b) that this proposed rule would not              Federal Government and Indian tribes.
                                                       Executive Orders 12866 and 13563                                                                           If you believe this proposed rule has
                                                    direct agencies to assess the costs and                 have a significant economic impact on
                                                                                                            a substantial number of small entities.               implications for federalism or Indian
                                                    benefits of available regulatory                                                                              tribes, please contact the person listed
                                                    alternatives and, if regulation is                         While some owners or operators of
                                                                                                                                                                  in the FOR FURTHER INFORMATION
                                                    necessary, to select regulatory                         vessels intending to transit the safety
                                                                                                                                                                  CONTACT section.
                                                    approaches that maximize net benefits.                  zone may be small entities, for the
                                                    Executive Order 13563 emphasizes the                    reasons stated in section IV.A above this             E. Unfunded Mandates Reform Act
                                                    importance of quantifying both costs                    proposed rule would not have a                           The Unfunded Mandates Reform Act
                                                    and benefits, of reducing costs, of                     significant economic impact on a                      of 1995 (2 U.S.C. 1531–1538) requires
                                                    harmonizing rules, and of promoting                     substantial number of small entities.                 Federal agencies to assess the effects of
                                                    flexibility. This NPRM has not been                        If you think that your business,                   their discretionary regulatory actions. In
                                                    designated a ‘‘significant regulatory                   organization, or governmental                         particular, the Act addresses actions
                                                    action,’’ under Executive Order 12866.                  jurisdiction qualifies as a small entity              that may result in the expenditure by a
                                                    Accordingly, the NPRM has not been                      and that this rule would have a                       State, local, or tribal government, in the
                                                    reviewed by the Office of Management                    significant economic impact on it,                    aggregate, or by the private sector of
                                                    and Budget.                                             please submit a comment (see                          $100,000,000 (adjusted for inflation) or
                                                       This proposed rule is not a significant              ADDRESSES) explaining why you think it                more in any one year. Though this
                                                    regulatory action under section 3(f) of                 qualifies and how and to what degree                  proposed rule would not result in such
                                                    Executive Order 12866, Regulatory                       this rule would economically affect it.               an expenditure, we do discuss the
                                                    Planning and Review, as supplemented                       Under section 213(a) of the Small                  effects of this rule elsewhere in this
                                                    by Executive Order 13563, Improving                     Business Regulatory Enforcement                       preamble.
                                                    Regulation and Regulatory Review, and                   Fairness Act of 1996 (Public Law 104–
                                                    does not require an assessment of                       121), we want to assist small entities in             F. Environment
                                                    potential costs and benefits under                      understanding this proposed rule. If the                We have analyzed this proposed rule
                                                    section 6(a)(3) of Executive Order 12866                rule would affect your small business,                under Department of Homeland
                                                    or under section 1 of Executive Order                   organization, or governmental                         Security Management Directive 023–01
                                                    13563. The Office of Management and                     jurisdiction and you have questions                   and Commandant Instruction
                                                    Budget has not reviewed it under those                  concerning its provisions or options for              M16475.lD, which guide the Coast
                                                    Orders.                                                 compliance, please contact the person                 Guard in complying with the National
                                                       The economic impact of this proposed                 listed in the FOR FURTHER INFORMATION                 Environmental Policy Act of 1969 (42
                                                    rule is not significant for the following               CONTACT section. The Coast Guard will                 U.S.C. 4321–4370f), and have made a
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    reasons: (1) The safety zone would be                   not retaliate against small entities that             preliminary determination that this
                                                    enforced for only three hours; (2) the                  question or complain about this                       action is one of a category of actions that
                                                    safety zone would move with                             proposed rule or any policy or action of              do not individually or cumulatively
                                                    participant vessels so that once the                    the Coast Guard.                                      have a significant effect on the human
                                                    ships clear a portion of the waterway,                                                                        environment. This proposed rule
                                                                                                            C. Collection of Information
                                                    the safety zone would no longer be                                                                            involves a temporary moving safety
                                                    enforced in that portion of the                           This proposed rule would not call for               zone lasting three hours which would
                                                    waterway; (3) although persons and                      a new collection of information under                 prohibit entry into, transit through,


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                                                    15480                 Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Proposed Rules

                                                    anchoring within, or remaining within                   provided. For more about privacy and                  ending at Veterans Terminal in
                                                    the safety zone during the parade event.                the docket, you may review a Privacy                  approximate position 32°51′18″ N./
                                                    Normally such actions are categorically                 Act notice regarding the Federal Docket               079°56′57″ W.
                                                    excluded from further review under                      Management System in the March 24,                       (b) Definition. As used in this section,
                                                    paragraph 34(g) of Figure 2–1 of                        2005, issue of the Federal Register (70               ‘‘designated representative’’ means
                                                    Commandant Instruction M16475.lD. A                     FR 15086).                                            Coast Guard Patrol Commanders,
                                                    preliminary environmental analysis                        Documents mentioned in this NPRM                    including Coast Guard coxswains, petty
                                                    checklist and Categorical Exclusion                     as being available in the docket, and all             officers, and other officers operating
                                                    Determination are available in the                      public comments, will be in our online                Coast Guard vessels, and Federal, state,
                                                    docket where indicated under                            docket at http://www.regulations.gov                  and local officers designated by or
                                                    ADDRESSES. We seek any comments or                      and can be viewed by following that                   assisting the Captain of the Port
                                                    information that may lead to the                        Web site’s instructions. Additionally, if             Charleston in the enforcement of the
                                                    discovery of a significant environmental                you go to the online docket and sign up               regulated areas.
                                                    impact from this proposed rule.                         for email alerts, you will be notified                   (c) Regulations.
                                                                                                            when comments are posted or a final
                                                    G. Protest Activities                                                                                            (1) All persons and vessels are
                                                                                                            rule is published.
                                                      The Coast Guard respects the First                                                                          prohibited from entering, transiting
                                                    Amendment rights of protesters.                         List of Subjects in 33 CFR Part 165                   through, anchoring in, or remaining
                                                    Protesters are asked to contact the                       Harbors, Marine Safety, Navigation                  within the regulated area, except
                                                    person listed in the FOR FURTHER                        (water), Reporting and recordkeeping                  persons and vessels participating in the
                                                    INFORMATION CONTACT section to                          requirements, Security measures,                      Tall Ships Charleston Parade Around
                                                    coordinate protest activities so that your              Waterways.                                            the Harbor and those serving as safety
                                                    message can be received without                                                                               vessels.
                                                                                                              For the reasons discussed in the
                                                    jeopardizing the safety or security of                  preamble, the Coast Guard proposes to                    (2) Persons and vessels desiring to
                                                    people, places, or vessels.                             amend 33 CFR part 165 as follows:                     enter, transit through, anchor in, or
                                                                                                                                                                  remain within the regulated area may
                                                    V. Public Participation and Request for                                                                       contact the Captain of the Port
                                                                                                            PART 165—REGULATED NAVIGATION
                                                    Comments                                                                                                      Charleston by telephone at (843) 740–
                                                                                                            AREAS AND LIMITED ACCESS AREAS
                                                       We view public participation as                                                                            7050, or a designated representative via
                                                    essential to effective rulemaking, and                  ■ 1. The authority citation for part 165              VHF radio on channel 16, to request
                                                    will consider all comments and material                 continues to read as follows:                         authorization. If authorization to enter,
                                                    received during the comment period.                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           transit through, anchor in, or remain
                                                    Your comment can help shape the                         33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             within the regulated area is granted, all
                                                    outcome of this rulemaking. If you                      Department of Homeland Security Delegation            persons and vessels receiving such
                                                    submit a comment, please include the                    No. 0170.1.                                           authorization must comply with the
                                                    docket number for this rulemaking,                      ■ 2. Add a temporary § 165.T07–0123 to                instructions of the Captain of the Port
                                                    indicate the specific section of this                   read as follows:                                      Charleston or a designated
                                                    document to which each comment                                                                                representative.
                                                    applies, and provide a reason for each                  § 165.T07–0123 Safety Zone; Tall Ships                   (3) The Coast Guard will provide
                                                    suggestion or recommendation.                           Charleston Parade Around the Harbor,                  notice of the regulated area by Marine
                                                       We encourage you to submit                           Charleston, SC.
                                                                                                                                                                  Safety Information Bulletins, Local
                                                    comments through the Federal                              (a) Regulated area. The rule                        Notice to Mariners, Broadcast Notice to
                                                    eRulemaking Portal at http://                           establishes the following regulated area              Mariners, and on-scene designated
                                                    www.regulations.gov. If your material                   as a temporary moving safety zone: All                representatives.
                                                    cannot be submitted using http://                       waters 100 yards in front of the first                   (d) Enforcement period. This rule will
                                                    www.regulations.gov, contact the person                 parade vessel, 100 yards behind the last              be enforced from 2 p.m. until 5 p.m. on
                                                    in the FOR FURTHER INFORMATION                          parade vessel, and 100 yards on either                May 18, 2017.
                                                    CONTACT section of this document for                    side of all Parade vessels. The Tall
                                                    alternate instructions.                                 Ships Charleston Parade Around the                      Dated: March 23, 2017.
                                                       We accept anonymous comments. All                    Harbor consists of an eight mile course               G.L. Tomasulo,
                                                    comments received will be posted                        that starts near Fort Sumter in                       Captain, U.S. Coast Guard, Captain of the
                                                    without change to http://                               approximate position 32°45′25″ N./                    Port Charleston.
                                                    www.regulations.gov and will include                    079°52′20″ W. and follows the shipping                [FR Doc. 2017–06187 Filed 3–28–17; 8:45 am]
                                                    any personal information you have                       channel north, along the Cooper River                 BILLING CODE 9110–04–P
mstockstill on DSK3G9T082PROD with PROPOSALS




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Document Created: 2017-03-29 01:15:01
Document Modified: 2017-03-29 01:15:01
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 15478 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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