82_FR_22510 82 FR 22417 - Safety Zone; Tall Ships Charleston, Cooper River, Charleston, SC

82 FR 22417 - Safety Zone; Tall Ships Charleston, Cooper River, Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 93 (May 16, 2017)

Page Range22417-22419
FR Document2017-09863

The Coast Guard is establishing a temporary safety zone on the waters of the Cooper River in Charleston, South Carolina. This 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 (COTP) or a designated representative.

Federal Register, Volume 82 Issue 93 (Tuesday, May 16, 2017)
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Rules and Regulations]
[Pages 22417-22419]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09863]


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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: Final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Cooper River in Charleston, South Carolina. This 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 (COTP) or a designated representative.

DATES: This rule is effective from May 18, 2017 through May 21, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov type USCG-
2017-0121 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant 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
COTP Captain of the Port Charleston
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On December 1, 2016, Tall Ships Charleston notified the Coast Guard 
that they would be sponsoring the Tall Ships Charleston event on May 
18, 2017 through May 21, 2017. In response, on March 29, 2017 the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled ``Safety 
Zone; Tall Ships Charleston, Cooper River, Charleston, SC'' (82 FR 
15476). There we stated why we issued the NPRM, and invited comments on 
our proposed regulatory action related to this event. During the 
comment period that ended April 29, 2017, we received no comments.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Insufficient time 
remains following the closing of the period for public comment for the 
previously published NPRM, as the Tall Ships Charleston parade will 
occur before the delay in effective date would be completed. Because 
the potential hazards associated with public tours of these tall ships, 
the safety zone is necessary to provide for the safety of event 
participants.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The purpose of the rule is to ensure safety of life on the 
navigable water of the United States during Tall Ships Charleston.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on the NPRM, which 
published March 29, 2017. There are no changes in the regulatory text 
of this rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from May 18, 2017 through May 
21, 2017. Persons and vessels desiring to enter, transit through, 
anchor in, or remain within the regulated area may contact the Captain 
of the Port Charleston (COTP) 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 
COTP or a designated representative. The Coast Guard will provide 
notice of the safety zone by Local Notice to Mariners, Broadcast Notice 
to Mariners, and on-scene designated representatives.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review) 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 (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 13771 (Reducing Regulation and Controlling

[[Page 22418]]

Regulatory Costs) directs agencies to reduce regulation and control 
regulatory costs and provides that ``for every one new regulation 
issued, at least two prior regulations be identified for elimination, 
and that the cost of planned regulations be prudently managed and 
controlled through a budgeting process.''
    OMB has not designated this rule a significant regulatory action 
under section 3(f) of Executive Order 12866. Accordingly, OMB has not 
reviewed it. As this rule is not a significant regulatory action, this 
rule is exempt from the requirements of Executive Order 13771. See the 
OMB Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    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 COTP or a designated representative, they may 
operate in the surrounding area during the enforcement period; (2) 
persons and vessels will still be able to enter, transit through, 
anchor in, or remain within the regulated area if authorized by the 
COTP; and (3) the Coast Guard will provide advance notification of the 
safety zone to the local maritime community by Local Notice to Mariners 
and Broadcast Notice to Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities. While some owners or 
operators of vessels intending to transit the safety zone may be small 
entities, for the reasons stated in section V.A above, this rule will 
not have a significant economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a temporary safety zone issued in conjunction with a 
regatta or marine parade that will prohibit persons and vessels from 
entering, transiting through, anchoring in, or remaining within a 
limited area on the waters of the Cooper River in Charleston, SC. This 
rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. A Record of 
Environmental Consideration (REC) supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 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.

[[Page 22419]]


0
2. Add Sec.  165.T07-0121 to read as follows:


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

    (a) Location. This 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 in Charleston, SC.
    (b) Definitions. 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 (COTP) 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 Tall Ships 
Charleston 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 COTP 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 COTP 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 May 18, 
2017 through May 21, 2017.

    Dated: May 11, 2017.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston .
[FR Doc. 2017-09863 Filed 5-15-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations                                           22417

                                             northwest back to origin. All persons are               tours of tall ships (large sailing vessels)           with public tours of these tall ships, the
                                             prohibited from entering the water or                   from various countries while at the                   safety zone is necessary to provide for
                                             swimming in the spectator area.                         docks of Veterans Terminal on the                     the safety of event participants.
                                                (b) Definition. The term ‘‘designated                Cooper River in Charleston, South
                                                                                                                                                           III. Legal Authority and Need for Rule
                                             representative’’ means Coast Guard                      Carolina. This rule is intended to
                                             Patrol Commanders, including Coast                      prohibit persons and vessels from                        The Coast Guard is issuing this rule
                                             Guard coxswains, petty officers, and                    entering, transiting through, anchoring               under authority in 33 U.S.C. 1231. The
                                             other officers operating Coast Guard                    in, or remaining within the safety zone               purpose of the rule is to ensure safety
                                             vessels, and Federal, state, and local                  unless authorized by the Captain of the               of life on the navigable water of the
                                             officers designated by or assisting the                 Port Charleston (COTP) or a designated                United States during Tall Ships
                                             Captain of the Port Miami in the                        representative.                                       Charleston.
                                             enforcement of the regulated area.                      DATES: This rule is effective from May                IV. Discussion of Comments, Changes,
                                                (c) Regulations. (1) Non-participant                 18, 2017 through May 21, 2017.                        and the Rule
                                             persons and vessels are prohibited from                 ADDRESSES: To view documents
                                             entering the race area and buffer zone.                                                                          As noted above, we received no
                                                                                                     mentioned in this preamble as being
                                             Non-participant persons and vessels                                                                           comments on the NPRM, which
                                                                                                     available in the docket, go to http://
                                             may request authorization to enter,                                                                           published March 29, 2017. There are no
                                                                                                     www.regulations.gov type USCG–2017–
                                             transit through, anchor in, or remain                                                                         changes in the regulatory text of this
                                                                                                     0121 in the ‘‘SEARCH’’ box and click
                                             within the regulated area by contacting                                                                       rule from the proposed rule in the
                                                                                                     ‘‘SEARCH.’’ Click on Open Docket
                                             the Captain of the Port Miami by                                                                              NPRM.
                                                                                                     Folder on the line associated with this
                                             telephone at 305–535–4472, or a                                                                                  This rule establishes a safety zone
                                                                                                     rule.
                                             designated representative via VHF radio                                                                       from May 18, 2017 through May 21,
                                                                                                     FOR FURTHER INFORMATION CONTACT: If                   2017. Persons and vessels desiring to
                                             on channel 16. If authorization is                      you have questions on this rule, call or
                                             granted by the Captain of the Port                                                                            enter, transit through, anchor in, or
                                                                                                     email Lieutenant Commander John                       remain within the regulated area may
                                             Miami or a designated representative,                   Downing, Sector Charleston Office of
                                             all persons and vessels receiving such                                                                        contact the Captain of the Port
                                                                                                     Waterways Management, Coast Guard;                    Charleston (COTP) by telephone at (843)
                                             authorization must comply with the                      telephone (843) 740–3184, email
                                             instructions of the Captain of the Port                                                                       740–7050, or a designated
                                                                                                     John.Z.Downing@uscg.mil.                              representative via VHF radio on channel
                                             Miami or a designated representative.                   SUPPLEMENTARY INFORMATION:
                                                (2) The Coast Guard will provide                                                                           16, to request authorization. If
                                             notice of the regulated area by Local                   I. Table of Abbreviations                             authorization to enter, transit through,
                                             Notice to Mariners, Broadcast Notice to                                                                       anchor in, or remain within the
                                                                                                     CFR Code of Federal Regulations                       regulated area is granted, all persons
                                             Mariners and/or on-scene designated                     COTP Captain of the Port Charleston
                                             representatives.                                        DHS Department of Homeland Security
                                                                                                                                                           and vessels receiving such authorization
                                                (d) Enforcement period. This rule will               FR Federal Register                                   must comply with the instructions of
                                             be daily from 9 a.m. to 6 p.m. on May                   NPRM Notice of proposed rulemaking                    the COTP or a designated
                                             19 through May 21, 2017.                                § Section                                             representative. The Coast Guard will
                                                                                                     U.S.C. United States Code                             provide notice of the safety zone by
                                               Dated: May 3, 2017.
                                                                                                     II. Background Information and                        Local Notice to Mariners, Broadcast
                                             M.M. Dean,                                                                                                    Notice to Mariners, and on-scene
                                             Captain, U.S. Coast Guard, Captain of the               Regulatory History
                                                                                                                                                           designated representatives.
                                             Port Miami.                                                On December 1, 2016, Tall Ships
                                             [FR Doc. 2017–09883 Filed 5–15–17; 8:45 am]             Charleston notified the Coast Guard that              V. Regulatory Analyses
                                             BILLING CODE 9110–04–P                                  they would be sponsoring the Tall Ships                 We developed this rule after
                                                                                                     Charleston event on May 18, 2017                      considering numerous statutes and
                                                                                                     through May 21, 2017. In response, on                 Executive Orders related to rulemaking.
                                             DEPARTMENT OF HOMELAND                                  March 29, 2017 the Coast Guard                        Below we summarize our analyses
                                             SECURITY                                                published a notice of proposed                        based on a number of these statutes and
                                                                                                     rulemaking (NPRM) titled ‘‘Safety Zone;               Executive Orders, and we discuss First
                                             Coast Guard                                             Tall Ships Charleston, Cooper River,                  Amendment rights of protestors.
                                                                                                     Charleston, SC’’ (82 FR 15476). There
                                             33 CFR Part 165                                         we stated why we issued the NPRM,                     A. Regulatory Planning and Review
                                             [Docket Number USCG–2017–0121]                          and invited comments on our proposed                     Executive Orders 12866 (Regulatory
                                                                                                     regulatory action related to this event.              Planning and Review) and 13563
                                             RIN 1625–AA00                                           During the comment period that ended                  (Improving Regulation and Regulatory
                                                                                                     April 29, 2017, we received no                        Review) direct agencies to assess the
                                             Safety Zone; Tall Ships Charleston,                                                                           costs and benefits of available regulatory
                                                                                                     comments.
                                             Cooper River, Charleston, SC                               We are issuing this rule, and under 5              alternatives and, if regulation is
                                             AGENCY:    Coast Guard, DHS.                            U.S.C. 553(d)(3), the Coast Guard finds               necessary, to select regulatory
                                             ACTION:   Final rule.                                   that good cause exists for making it                  approaches that maximize net benefits
                                                                                                     effective less than 30 days after                     (including potential economic,
                                             SUMMARY:   The Coast Guard is                           publication in the Federal Register.                  environmental, public health and safety
pmangrum on DSK3GDR082PROD with RULES




                                             establishing a temporary safety zone on                 Insufficient time remains following the               effects, distributive impacts, and
                                             the waters of the Cooper River in                       closing of the period for public                      equity). Executive Order 13563
                                             Charleston, South Carolina. This safety                 comment for the previously published                  emphasizes the importance of
                                             zone is necessary to provide for the                    NPRM, as the Tall Ships Charleston                    quantifying costs and benefits, reducing
                                             safety of participant vessels and the                   parade will occur before the delay in                 costs, harmonizing rules, and promoting
                                             general public during Tall Ships                        effective date would be completed.                    flexibility. Executive Order 13771
                                             Charleston, an event allowing for public                Because the potential hazards associated              (Reducing Regulation and Controlling


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                                             22418               Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations

                                             Regulatory Costs) directs agencies to                   would affect your small business,                     that may result in the expenditure by a
                                             reduce regulation and control regulatory                organization, or governmental                         State, local, or tribal government, in the
                                             costs and provides that ‘‘for every one                 jurisdiction and you have questions                   aggregate, or by the private sector of
                                             new regulation issued, at least two prior               concerning its provisions or options for              $100,000,000 (adjusted for inflation) or
                                             regulations be identified for elimination,              compliance, please contact the person                 more in any one year. Though this rule
                                             and that the cost of planned regulations                listed in the FOR FURTHER INFORMATION                 will not result in such expenditure, we
                                             be prudently managed and controlled                     CONTACT section.                                      do discuss the effects of this rule
                                             through a budgeting process.’’                             Small businesses may send comments                 elsewhere in this preamble.
                                                OMB has not designated this rule a                   on the actions of Federal employees
                                             significant regulatory action under                     who enforce, or otherwise determine                   F. Environment
                                             section 3(f) of Executive Order 12866.                  compliance with, Federal regulations to                 We have analyzed this rule under
                                             Accordingly, OMB has not reviewed it.                   the Small Business and Agriculture                    Department of Homeland Security
                                             As this rule is not a significant                       Regulatory Enforcement Ombudsman                      Management Directive 023–01 and
                                             regulatory action, this rule is exempt                  and the Regional Small Business                       Commandant Instruction M16475.lD,
                                             from the requirements of Executive                      Regulatory Fairness Boards. The                       which guide the Coast Guard in
                                             Order 13771. See the OMB                                Ombudsman evaluates these actions                     complying with the National
                                             Memorandum titled ‘‘Interim Guidance                    annually and rates each agency’s                      Environmental Policy Act of 1969 (42
                                             Implementing Section 2 of the Executive                 responsiveness to small business. If you              U.S.C. 4321–4370f), and have
                                             Order of January 30, 2017 titled                        wish to comment on actions by                         determined that this action is one of a
                                             ‘Reducing Regulation and Controlling                    employees of the Coast Guard, call 1–                 category of actions that do not
                                             Regulatory Costs’ ’’ (February 2, 2017).                888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a
                                                The economic impact of this rule is                  Coast Guard will not retaliate against                significant effect on the human
                                             not significant for the following reasons:              small entities that question or complain              environment. This rule involves a
                                             (1) Although persons and vessels may                    about this rule or any policy or action               temporary safety zone issued in
                                             not enter, transit through, anchor in, or               of the Coast Guard.                                   conjunction with a regatta or marine
                                             remain within the safety zone without                                                                         parade that will prohibit persons and
                                             authorization from the COTP or a                        C. Collection of Information
                                                                                                                                                           vessels from entering, transiting
                                             designated representative, they may                       This rule will not call for a new                   through, anchoring in, or remaining
                                             operate in the surrounding area during                  collection of information under the                   within a limited area on the waters of
                                             the enforcement period; (2) persons and                 Paperwork Reduction Act of 1995 (44                   the Cooper River in Charleston, SC. This
                                             vessels will still be able to enter, transit            U.S.C. 3501–3520).                                    rule is categorically excluded from
                                             through, anchor in, or remain within the                                                                      further review under paragraph 34(g) of
                                             regulated area if authorized by the                     D. Federalism and Indian Tribal
                                                                                                     Governments                                           Figure 2–1 of the Commandant
                                             COTP; and (3) the Coast Guard will                                                                            Instruction. A Record of Environmental
                                             provide advance notification of the                        A rule has implications for federalism             Consideration (REC) supporting this
                                             safety zone to the local maritime                       under Executive Order 13132,                          determination and a Categorical
                                             community by Local Notice to Mariners                   Federalism, if it has a substantial direct            Exclusion Determination are available
                                             and Broadcast Notice to Mariners.                       effect on the States, on the relationship             in the docket where indicated under
                                                                                                     between the national government and                   ADDRESSES.
                                             B. Impact on Small Entities
                                                                                                     the States, or on the distribution of
                                                The Regulatory Flexibility Act of                    power and responsibilities among the                  G. Protest Activities
                                             1980, 5 U.S.C. 601–612, as amended,                     various levels of government. We have                   The Coast Guard respects the First
                                             requires Federal agencies to consider                   analyzed this rule under that Order and               Amendment rights of protesters.
                                             the potential impact of regulations on                  have determined that it is consistent                 Protesters are asked to contact the
                                             small entities during rulemaking. The                   with the fundamental federalism                       person listed in the FOR FURTHER
                                             term ‘‘small entities’’ comprises small                 principles and preemption requirements                INFORMATION CONTACT section to
                                             businesses, not-for-profit organizations                described in Executive Order 13132.                   coordinate protest activities so that your
                                             that are independently owned and                           Also, this rule does not have tribal               message can be received without
                                             operated and are not dominant in their                  implications under Executive Order                    jeopardizing the safety or security of
                                             fields, and governmental jurisdictions                  13175, Consultation and Coordination                  people, places or vessels.
                                             with populations of less than 50,000.                   with Indian Tribal Governments,
                                             The Coast Guard received no comments                    because it does not have a substantial                List of Subjects in 33 CFR Part 165
                                             from the Small Business Administration                  direct effect on one or more Indian                     Harbors, Marine safety, Navigation
                                             on this rulemaking. The Coast Guard                     tribes, on the relationship between the               (water), Reporting and recordkeeping
                                             certifies under 5 U.S.C. 605(b) that this               Federal Government and Indian tribes,                 requirements, Security measures,
                                             rule will not have a significant                        or on the distribution of power and                   Waterways.
                                             economic impact on a substantial                        responsibilities between the Federal                    For the reasons discussed in the
                                             number of small entities. While some                    Government and Indian tribes. If you                  preamble, the Coast Guard amends 33
                                             owners or operators of vessels intending                believe this rule has implications for                CFR part 165 as follows:
                                             to transit the safety zone may be small                 federalism or Indian tribes, please
                                             entities, for the reasons stated in section             contact the person listed in the FOR                  PART 165—REGULATED NAVIGATION
                                             V.A above, this rule will not have a                    FURTHER INFORMATION CONTACT section.                  AREAS AND LIMITED ACCESS AREAS
pmangrum on DSK3GDR082PROD with RULES




                                             significant economic impact on any
                                             vessel owner or operator.                               E. Unfunded Mandates Reform Act                       ■ 1. The authority citation for part 165
                                                Under section 213(a) of the Small                      The Unfunded Mandates Reform Act                    continues to read as follows:
                                             Business Regulatory Enforcement                         of 1995 (2 U.S.C. 1531–1538) requires                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             Fairness Act of 1996 (Pub. L. 104–121),                 Federal agencies to assess the effects of             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             we want to assist small entities in                     their discretionary regulatory actions. In            Department of Homeland Security Delegation
                                             understanding this rule. If the rule                    particular, the Act addresses actions                 No. 0170.1.



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                                                                 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations                                          22419

                                             ■ 2. Add § 165.T07–0121 to read as                      DEPARTMENT OF EDUCATION                               grant awards under the SRCL program
                                             follows:                                                                                                      to eligible SEAs for the purpose of
                                                                                                     34 CFR Chapter II                                     advancing literacy skills, including pre-
                                             § 165.T07–0121 Safety Zone; Tall Ships                                                                        literacy skills, reading, and writing, for
                                             Charleston, Cooper River, Charleston, SC.               RIN 1810–AB25
                                                                                                                                                           children from birth through grade 12,
                                                (a) Location. This safety zone consists              [Docket ID: ED–2015–OESE–0129; CFDA                   with an emphasis on disadvantaged
                                                                                                     Number: 84.371C.]                                     children, including children living in
                                             of navigable waters of the Cooper River
                                             which begin at the shoreline and extend                                                                       poverty, English learners, and children
                                                                                                     Final Priorities, Requirements,                       with disabilities.
                                             100 yards off of each pier located at                   Definitions, and Selection Criteria—                     Summary of the Major Provisions of
                                             Veterans Terminal in Charleston, SC.                    Striving Readers Comprehensive                        This Regulatory Action: In this
                                                (b) Definitions. As used in this                     Literacy (SRCL) Program                               document, we announce the final
                                             section, ‘‘designated representative’’                  AGENCY:   Office of Elementary and                    priorities, requirements, definitions, and
                                             means Coast Guard Patrol Commanders,                    Secondary Education, Department of                    selection criteria that we may require
                                             including Coast Guard coxswains, petty                  Education.                                            eligible SEAs to address in order to
                                             officers, and other officers operating                  ACTION: Announcement of final                         receive funds under the SRCL program.
                                             Coast Guard vessels, and Federal, state,                priorities, requirements, definitions, and               In this document, we announce three
                                             and local officers designated by or                                                                           priorities. The first priority focuses on
                                                                                                     selection criteria.
                                             assisting the Captain of the Port                                                                             how SEAs will ensure that (a) the
                                             Charleston (COTP) in the enforcement                    SUMMARY:    The Assistant Secretary for               comprehensive literacy instruction
                                             of the regulated areas.                                 Elementary and Secondary Education                    programs funded under this grant are
                                                                                                     (Assistant Secretary) announces                       supported by moderate evidence or
                                                (c) Regulations. (1) All persons and                                                                       strong evidence and (b) local literacy
                                                                                                     priorities, requirements, definitions, and
                                             vessels are prohibited from entering,                   selection criteria under the SRCL                     plans are aligned with the State
                                             transiting through, anchoring in, or                    program. These priorities, requirements,              comprehensive literacy plan. Under the
                                             remaining within the regulated area,                    definitions, and selection criteria                   second priority, SEAs must describe a
                                             except persons and vessels participating                replace the priorities, requirements,                 high-quality plan to ensure that local
                                             in Tall Ships Charleston and those                      definitions, and selection criteria in the            projects serve the greatest numbers or
                                             serving as safety vessels.                              SRCL notice inviting applications for                 percentages of disadvantaged children.
                                                (2) Persons and vessels desiring to                  new awards for Fiscal Year (FY) 2011,                 The third priority encourages SEAs to
                                             enter, transit through, anchor in, or                   published in the Federal Register on                  prioritize local literacy plans that align
                                             remain within the regulated area may                    March 10, 2011. The Assistant Secretary               pre-literacy strategies for children aged
                                                                                                     may use these priorities, requirements,               birth through five with pre-literacy and
                                             contact the COTP by telephone at (843)
                                                                                                     definitions, and selection criteria for               literacy strategies for students from
                                             740–7050, or a designated
                                                                                                     competitions in FY 2017 and                           kindergarten through grade five.
                                             representative via VHF radio on channel                                                                          We also announce requirements to
                                             16, to request authorization. If                        subsequent years as the Department
                                                                                                     ensures an orderly transition to future               ensure that State literacy teams assess
                                             authorization to enter, transit through,                                                                      the State comprehensive literacy plans
                                             anchor in, or remain within the                         programs under the Elementary and
                                                                                                     Secondary Education Act of 1965                       on a regular basis and that these plans
                                             regulated area is granted, all persons                                                                        include continuous improvement
                                                                                                     (ESEA), as amended by the Every
                                             and vessels receiving such authorization                                                                      activities. In addition, we announce 13
                                                                                                     Student Succeeds Act (ESSA). We take
                                             must comply with the instructions of                    this action to address an area of national            definitions that clarify terms used in the
                                             the COTP or a designated                                need by providing competitive grant                   SRCL program.
                                             representative.                                                                                                  Finally, we announce selection
                                                                                                     awards to State educational agencies
                                                                                                                                                           criteria intended to help identify high-
                                                (3) The Coast Guard will provide                     (SEAs) to advance literacy skills,
                                                                                                                                                           quality applications. These selection
                                             notice of the regulated area by Marine                  including pre-literacy skills, reading,
                                                                                                                                                           criteria will assist the Department in
                                             Safety Information Bulletins, Local                     and writing, for children from birth
                                                                                                                                                           determining the extent to which eligible
                                             Notice to Mariners, Broadcast Notice to                 through grade 12, including children                  SEAs submitting applications under the
                                             Mariners, and on-scene designated                       living in poverty, English learners, and              SRCL program will: (1) Provide support
                                             representatives.                                        children with disabilities.                           and technical assistance, based on an
                                                (d) Enforcement period. This rule will               DATES: These priorities, requirements,                assessment of local needs, to SRCL
                                             be enforced from May 18, 2017 through                   definitions, and selection criteria are               subgrantees to ensure improvement in
                                             May 21, 2017.                                           effective July 17, 2017.                              the literacy and pre-literacy
                                                                                                     FOR FURTHER INFORMATION CONTACT:                      achievement of children from birth to
                                               Dated: May 11, 2017.                                  Cindy Savage, U.S. Department of                      grade 12 and ensure effectiveness in
                                             G.L. Tomasulo,                                          Education, 400 Maryland Avenue SW.,                   addressing the needs of disadvantaged
                                             Captain, U.S. Coast Guard, Captain of the               Room 3E237, Washington, DC 20202.                     children; (2) establish an independent
                                             Port Charleston .                                       Telephone: (202) 453–5998 or by email:                peer review process for awarding
                                             [FR Doc. 2017–09863 Filed 5–15–17; 8:45 am]             cindy.savage@ed.gov.                                  subgrants to prioritize awards to eligible
                                             BILLING CODE 9110–04–P
                                                                                                        If you use a telecommunications                    subgrantees that propose a high-quality
                                                                                                     device for the deaf (TDD) or a text                   comprehensive literacy instruction
pmangrum on DSK3GDR082PROD with RULES




                                                                                                     telephone (TTY), call the Federal Relay               program and are supported by moderate
                                                                                                     Service (FRS), toll free, at 1–800–877–               or strong evidence; (3) monitor
                                                                                                     8339.                                                 subgrantees’ implementation of
                                                                                                     SUPPLEMENTARY INFORMATION:                            interventions and practices to ensure
                                                                                                        Executive Summary:                                 fidelity to the local plan, as well as
                                                                                                        Purpose of this Regulatory Action:                 alignment between the SEA’s State
                                                                                                     The Department will make competitive                  comprehensive literacy plan and


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Document Created: 2017-05-16 13:52:53
Document Modified: 2017-05-16 13:52:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective from May 18, 2017 through May 21, 2017.
ContactIf you have questions on this rule, 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 22417 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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