83_FR_23716 83 FR 23617 - Safety Zone; Marshwalk Group Independence Day Fireworks, Murrells Inlet, SC

83 FR 23617 - Safety Zone; Marshwalk Group Independence Day Fireworks, Murrells Inlet, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 99 (May 22, 2018)

Page Range23617-23619
FR Document2018-10931

The Coast Guard proposes to establish a temporary safety zone for certain waters of Murrells Inlet, SC. This action is necessary to provide for the safety of the general public, spectators, vessels, and the marine environment from potential hazards during a fireworks display. This proposed rulemaking would 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. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 99 (Tuesday, May 22, 2018)
[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Proposed Rules]
[Pages 23617-23619]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10931]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0203]
RIN 1625-AA00


Safety Zone; Marshwalk Group Independence Day Fireworks, Murrells 
Inlet, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters of Murrells Inlet, SC. This action is necessary to 
provide for the safety of the general public, spectators, vessels, and 
the marine environment from potential hazards during a fireworks 
display. This proposed rulemaking would 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. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 21, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0145 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 Justin Heck, 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
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 March 3, 2018, the Marsh Walk Group notified the Coast Guard 
that it would be conducting a fireworks display from 9 p.m. to 10 p.m. 
on July 4, 2018. The fireworks are to be launched from the end of the 
Veterans Fishing Pier in Murrells Inlet, SC. Hazards from firework 
displays include accidental discharge of fireworks, dangerous 
projectiles, and falling hot embers or other debris. The Captain of the 
Port Charleston (COTP) has determined that potential hazards associated 
with the fireworks to be used in this display would be a safety concern 
for anyone within a 500-yard radius of the pier.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 500-yard radius of the pier before, 
during, and after the scheduled event. The Coast Guard proposes this 
rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 8:45 p.m. to 
10:15 p.m. on July 4, 2018. The safety zone would cover all navigable 
waters within 500-yards of the Veterans Fishing Pier located at 
Murrells Inlet, SC. The duration of the zone is intended to ensure the 
safety of life on these navigable waters before, during, and after the 
scheduled 9 p.m. to 10 p.m. fireworks display. No person or vessel 
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 Coast Guard would provide notice of the 
safety zone by local notice to mariners, broadcast notice to mariners, 
and on-scene designated representatives. The regulatory text we are 
proposing appears at the end of this document.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM

[[Page 23618]]

has not been reviewed by the Office of Management and Budget (OMB), and 
pursuant to OMB guidance it is exempt from the requirements of 
Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. The safety zone 
will only be enforced for a total of an hour and a half, and 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, vessel traffic would be able to safely 
operate in the surrounding area during the enforcement period and the 
rule would allow vessels to seek permission to enter the zone. 
Moreover, 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 via VHF-FM marine channel 16.

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.
    We have considered the impact of this proposed rule on small 
entities. This rule may affect the following entities, some of which 
may be small entities: The owner or operators of vessels intending to 
enter, transit through, anchor in, or remain within the regulated area 
during the enforcement period. For the reasons stated in section IV.A. 
above, this proposed rule would not have a significant economic impact 
on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under 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 safety 
zone lasting an hour and a half that would prohibit entry within 500-
yards of a pier from which fireworks are being launched. Normally such 
actions are categorically excluded from further review under paragraph 
L 60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 01. A preliminary Record of Environmental Consideration supporting 
this determination is 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

[[Page 23619]]

without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    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 website'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.T07-0203 to read as follows:


Sec.  165.T07-0203   Safety Zone; Marshwalk Group Independence Day 
Fireworks, Murrells Inlet, SC.

    (a) Location. The following is a safety zone: Certain waters of the 
Atlantic Ocean at Murrells Inlet, South Carolina within a 500-yard 
radius of Veterans Fishing Pier.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Charleston in the enforcement of the regulated 
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port Charleston 
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Charleston by telephone at 843-740-7050, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port Charleston or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
local notice to mariners, broadcast notice to mariners, and on-scene 
designated representatives.
    (d) Enforcement Period. This rule will be enforced on July 4, 2018 
from 8:45 p.m. until 10.15 p.m.

    Dated: May 16, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port, Charleston.
[FR Doc. 2018-10931 Filed 5-21-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                         Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Proposed Rules                                           23617

                                                § 165.T07–0145 Safety Zone; Fourth of                   DEPARTMENT OF HOMELAND                                would be conducting a fireworks
                                                July Fireworks Patriots Point, Charleston,              SECURITY                                              display from 9 p.m. to 10 p.m. on July
                                                SC.                                                                                                           4, 2018. The fireworks are to be
                                                   (a) Location. This rule establishes a                Coast Guard                                           launched from the end of the Veterans
                                                safety zone on all waters within a 500-                                                                       Fishing Pier in Murrells Inlet, SC.
                                                                                                        33 CFR Part 165                                       Hazards from firework displays include
                                                yard radius of the barge, from which
                                                                                                                                                              accidental discharge of fireworks,
                                                fireworks will be launched along the                    [Docket Number USCG–2018–0203]
                                                                                                                                                              dangerous projectiles, and falling hot
                                                bank of the Cooper River at Patriots                    RIN 1625–AA00                                         embers or other debris. The Captain of
                                                Point in Charleston, SC.                                                                                      the Port Charleston (COTP) has
                                                   (b) Definition. The term ‘‘designated                Safety Zone; Marshwalk Group                          determined that potential hazards
                                                representative’’ means Coast Guard                      Independence Day Fireworks, Murrells                  associated with the fireworks to be used
                                                Patrol Commanders, including Coast                      Inlet, SC                                             in this display would be a safety
                                                Guard coxswains, petty officers, and                    AGENCY:   Coast Guard, DHS.                           concern for anyone within a 500-yard
                                                other officers operating Coast Guard                                                                          radius of the pier.
                                                                                                        ACTION:   Notice of proposed rulemaking.                 The purpose of this rulemaking is to
                                                vessels, and Federal, state, and local
                                                officers designated by or assisting the                 SUMMARY:   The Coast Guard proposes to                ensure the safety of vessels and the
                                                Captain of the Port Charleston in the                   establish a temporary safety zone for                 navigable waters within a 500-yard
                                                enforcement of the regulated areas.                     certain waters of Murrells Inlet, SC. This            radius of the pier before, during, and
                                                                                                        action is necessary to provide for the                after the scheduled event. The Coast
                                                   (c) Regulations. (1) All persons and                                                                       Guard proposes this rulemaking under
                                                vessels are prohibited from entering,                   safety of the general public, spectators,
                                                                                                        vessels, and the marine environment                   authority in 33 U.S.C. 1231.
                                                transiting through, anchoring in, or
                                                                                                        from potential hazards during a                       III. Discussion of Proposed Rule
                                                remaining within the regulated area
                                                                                                        fireworks display. This proposed
                                                unless authorized by the Captain of the                                                                          The COTP proposes to establish a
                                                                                                        rulemaking would prohibit persons and
                                                Port Charleston or a designated                                                                               safety zone from 8:45 p.m. to 10:15 p.m.
                                                                                                        vessels from entering, transiting
                                                representative.                                                                                               on July 4, 2018. The safety zone would
                                                                                                        through, anchoring in, or remaining
                                                   (2) Persons and vessels desiring to                                                                        cover all navigable waters within 500-
                                                                                                        within the safety zone unless authorized
                                                                                                                                                              yards of the Veterans Fishing Pier
                                                enter, transit through, anchor in, or                   by the Captain of the Port Charleston
                                                                                                                                                              located at Murrells Inlet, SC. The
                                                remain within the regulated area may                    (COTP) or a designated representative.
                                                                                                                                                              duration of the zone is intended to
                                                contact the Captain of the Port                         We invite your comments on this
                                                                                                                                                              ensure the safety of life on these
                                                Charleston by telephone at 843–740–                     proposed rulemaking.
                                                                                                                                                              navigable waters before, during, and
                                                7050, or a designated representative via                DATES: Comments and related material                  after the scheduled 9 p.m. to 10 p.m.
                                                VHF radio on channel 16, to request                     must be received by the Coast Guard on                fireworks display. No person or vessel
                                                authorization. If authorization to enter,               or before June 21, 2018.                              would be permitted to enter, transit
                                                transit through, anchor in, or remain                   ADDRESSES: You may submit comments                    through, anchor in, or remain within the
                                                within the regulated area is granted by                 identified by docket number USCG–                     safety zone without obtaining
                                                the Captain of the Port Charleston or a                 2018–0145 using the Federal                           permission from the COTP or a
                                                designated representative, all persons                  eRulemaking Portal at http://                         designated representative. The Coast
                                                and vessels receiving such authorization                www.regulations.gov. See the ‘‘Public                 Guard would provide notice of the
                                                must comply with the instructions of                    Participation and Request for                         safety zone by local notice to mariners,
                                                the Captain of the Port Charleston or a                 Comments’’ portion of the                             broadcast notice to mariners, and on-
                                                designated representative.                              SUPPLEMENTARY INFORMATION section for                 scene designated representatives. The
                                                                                                        further instructions on submitting                    regulatory text we are proposing appears
                                                   (3) The Coast Guard will provide
                                                                                                        comments.                                             at the end of this document.
                                                notice of the regulated area by local
                                                notice to mariners, broadcast notice to                 FOR FURTHER INFORMATION CONTACT:    If                IV. Regulatory Analyses
                                                mariners, and on-scene designated                       you have questions about this proposed
                                                                                                                                                                We developed this proposed rule after
                                                representatives.                                        rulemaking, call or email Lieutenant
                                                                                                                                                              considering numerous statutes and
                                                                                                        Justin Heck, Sector Charleston Office of
                                                   (d) Enforcement Period. This rule will                                                                     Executive Orders related to rulemaking.
                                                                                                        Waterways Management, Coast Guard;
                                                be enforced on July 4, 2018 from 8:15                                                                         Below we summarize our analyses
                                                                                                        telephone (843) 740–3184, email
                                                p.m. until 9:45 p.m.                                                                                          based on a number of these statutes and
                                                                                                        Justin.C.Heck@uscg.mil.
                                                                                                                                                              Executive Orders and we discuss First
                                                  Dated: May 16, 2018.                                  SUPPLEMENTARY INFORMATION:                            Amendment rights of protestors.
                                                J.W. Reed,
                                                                                                        I. Table of Abbreviations                             A. Regulatory Planning and Review
                                                Captain, U.S. Coast Guard, Captain of the
                                                Port, Charleston.                                       CFR Code of Federal Regulations                          Executive Orders 12866 and 13563
                                                [FR Doc. 2018–10930 Filed 5–21–18; 8:45 am]
                                                                                                        DHS Department of Homeland Security                   direct agencies to assess the costs and
                                                                                                        FR Federal Register                                   benefits of available regulatory
                                                BILLING CODE 9110–04–P                                  NPRM Notice of proposed rulemaking
                                                                                                        Pub. L. Public Law
                                                                                                                                                              alternatives and, if regulation is
amozie on DSK3GDR082PROD with PROPOSALS1




                                                                                                        § Section                                             necessary, to select regulatory
                                                                                                        U.S.C. United States Code                             approaches that maximize net benefits.
                                                                                                        COTP Captain of the Port                              Executive Order 13771 directs agencies
                                                                                                                                                              to control regulatory costs through a
                                                                                                        II. Background, Purpose, and Legal                    budgeting process. This NPRM has not
                                                                                                        Basis                                                 been designated a ‘‘significant
                                                                                                          On March 3, 2018, the Marsh Walk                    regulatory action,’’ under Executive
                                                                                                        Group notified the Coast Guard that it                Order 12866. Accordingly, the NPRM


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                                                23618                    Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Proposed Rules

                                                has not been reviewed by the Office of                  rule would affect your small business,                F. Environment
                                                Management and Budget (OMB), and                        organization, or governmental                            We have analyzed this proposed rule
                                                pursuant to OMB guidance it is exempt                   jurisdiction and you have questions                   under Department of Homeland
                                                from the requirements of Executive                      concerning its provisions or options for              Security Management Directive 023–01
                                                Order 13771.                                            compliance, please contact the person                 and Commandant Instruction
                                                   This regulatory action determination                 listed in the FOR FURTHER INFORMATION                 M16475.lD, which guide the Coast
                                                is based on the size, location, duration,               CONTACT section. The Coast Guard will                 Guard in complying with the National
                                                and time-of-day of the safety zone. The                 not retaliate against small entities that             Environmental Policy Act of 1969 (42
                                                safety zone will only be enforced for a                 question or complain about this
                                                total of an hour and a half, and although                                                                     U.S.C. 4321–4370f), and have made a
                                                                                                        proposed rule or any policy or action of              preliminary determination that this
                                                persons and vessels may not enter,                      the Coast Guard.
                                                transit through, anchor in, or remain                                                                         action is one of a category of actions that
                                                within the safety zone without                          C. Collection of Information                          do not individually or cumulatively
                                                authorization from the COTP or a                                                                              have a significant effect on the human
                                                designated representative, vessel traffic                 This proposed rule would not call for               environment. This proposed rule
                                                would be able to safely operate in the                  a new collection of information under                 involves a safety zone lasting an hour
                                                surrounding area during the                             the Paperwork Reduction Act of 1995                   and a half that would prohibit entry
                                                enforcement period and the rule would                   (44 U.S.C. 3501–3520).                                within 500-yards of a pier from which
                                                allow vessels to seek permission to enter                                                                     fireworks are being launched. Normally
                                                                                                        D. Federalism and Indian Tribal                       such actions are categorically excluded
                                                the zone. Moreover, the Coast Guard                     Governments
                                                would provide advance notification of                                                                         from further review under paragraph L
                                                the safety zone to the local maritime                                                                         60(a) of Appendix A, Table 1 of DHS
                                                                                                           A rule has implications for federalism
                                                community by local notice to mariners                                                                         Instruction Manual 023–01–001–01,
                                                                                                        under Executive Order 13132,
                                                and broadcast notice to mariners via                                                                          Rev. 01. A preliminary Record of
                                                                                                        Federalism, if it has a substantial direct
                                                VHF–FM marine channel 16.                                                                                     Environmental Consideration
                                                                                                        effect on the States, on the relationship
                                                                                                                                                              supporting this determination is
                                                B. Impact on Small Entities                             between the national government and                   available in the docket where indicated
                                                                                                        the States, or on the distribution of                 under ADDRESSES. We seek any
                                                   The Regulatory Flexibility Act of
                                                                                                        power and responsibilities among the                  comments or information that may lead
                                                1980, 5 U.S.C. 601–612, as amended,
                                                                                                        various levels of government. We have                 to the discovery of a significant
                                                requires Federal agencies to consider
                                                the potential impact of regulations on                  analyzed this proposed rule under that                environmental impact from this
                                                small entities during rulemaking. The                   Order and have determined that it is                  proposed rule.
                                                term ‘‘small entities’’ comprises small                 consistent with the fundamental
                                                                                                        federalism principles and preemption                  G. Protest Activities
                                                businesses, not-for-profit organizations
                                                that are independently owned and                        requirements described in Executive                     The Coast Guard respects the First
                                                operated and are not dominant in their                  Order 13132.                                          Amendment rights of protesters.
                                                fields, and governmental jurisdictions                     Also, this proposed rule does not have             Protesters are asked to contact the
                                                with populations of less than 50,000.                   tribal implications under Executive                   person listed in the FOR FURTHER
                                                The Coast Guard certifies under 5 U.S.C.                Order 13175, Consultation and                         INFORMATION CONTACT section to
                                                605(b) that this proposed rule would not                Coordination with Indian Tribal                       coordinate protest activities so that your
                                                have a significant economic impact on                   Governments, because it would not have                message can be received without
                                                a substantial number of small entities.                 a substantial direct effect on one or                 jeopardizing the safety or security of
                                                   We have considered the impact of this                more Indian tribes, on the relationship               people, places, or vessels.
                                                proposed rule on small entities. This                   between the Federal Government and                    V. Public Participation and Request for
                                                rule may affect the following entities,                 Indian tribes, or on the distribution of              Comments
                                                some of which may be small entities:                    power and responsibilities between the
                                                The owner or operators of vessels                                                                                We view public participation as
                                                                                                        Federal Government and Indian tribes.
                                                intending to enter, transit through,                                                                          essential to effective rulemaking, and
                                                                                                        If you believe this proposed rule has
                                                anchor in, or remain within the                                                                               will consider all comments and material
                                                                                                        implications for federalism or Indian
                                                regulated area during the enforcement                                                                         received during the comment period.
                                                                                                        tribes, please contact the person listed
                                                period. For the reasons stated in section                                                                     Your comment can help shape the
                                                                                                        in the FOR FURTHER INFORMATION
                                                IV.A. above, this proposed rule would                                                                         outcome of this rulemaking. If you
                                                                                                        CONTACT section.
                                                not have a significant economic impact                                                                        submit a comment, please include the
                                                on a substantial number of small                        E. Unfunded Mandates Reform Act                       docket number for this rulemaking,
                                                entities.                                                                                                     indicate the specific section of this
                                                   If you think that your business,                        The Unfunded Mandates Reform Act                   document to which each comment
                                                organization, or governmental                           of 1995 (2 U.S.C. 1531–1538) requires                 applies, and provide a reason for each
                                                jurisdiction qualifies as a small entity                Federal agencies to assess the effects of             suggestion or recommendation.
                                                and that this rule would have a                         their discretionary regulatory actions. In               We encourage you to submit
                                                significant economic impact on it,                      particular, the Act addresses actions                 comments through the Federal
                                                please submit a comment (see                            that may result in the expenditure by a               eRulemaking Portal at http://
amozie on DSK3GDR082PROD with PROPOSALS1




                                                ADDRESSES) explaining why you think it                  State, local, or tribal government, in the            www.regulations.gov. If your material
                                                qualifies and how and to what degree                    aggregate, or by the private sector of                cannot be submitted using http://
                                                this rule would economically affect it.                 $100,000,000 (adjusted for inflation) or              www.regulations.gov, contact the person
                                                   Under section 213(a) of the Small                    more in any one year. Though this                     in the FOR FURTHER INFORMATION
                                                Business Regulatory Enforcement                         proposed rule would not result in such                CONTACT section of this document for
                                                Fairness Act of 1996 (Pub. L. 104–121),                 an expenditure, we do discuss the                     alternate instructions.
                                                we want to assist small entities in                     effects of this rule elsewhere in this                   We accept anonymous comments. All
                                                understanding this proposed rule. If the                preamble.                                             comments received will be posted


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                                                                         Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Proposed Rules                                            23619

                                                without change to http://                               authorization. If authorization to enter,             Participation and Request for
                                                www.regulations.gov and will include                    transit through, anchor in, or remain                 Comments’’ portion of the
                                                any personal information you have                       within the regulated area is granted by               SUPPLEMENTARY INFORMATION section for
                                                provided. For more about privacy and                    the Captain of the Port Charleston or a               further instructions on submitting
                                                the docket, visit http://                               designated representative, all persons                comments.
                                                www.regulations.gov/privacyNotice.                      and vessels receiving such authorization              FOR FURTHER INFORMATION CONTACT: If
                                                  Documents mentioned in this NPRM                      must comply with the instructions of                  you have questions about this proposed
                                                as being available in the docket, and all               the Captain of the Port Charleston or a               rulemaking, call or email MST1 Kristina
                                                public comments, will be in our online                  designated representative.                            Pundt, Sector New York Waterways
                                                docket at http://www.regulations.gov                       (3) The Coast Guard will provide                   Division, U.S. Coast Guard; telephone
                                                and can be viewed by following that                     notice of the regulated area by local                 718–354–4352, email Kristina.H.Pundt@
                                                website’s instructions. Additionally, if                notice to mariners, broadcast notice to               uscg.mil.
                                                you go to the online docket and sign up                 mariners, and on-scene designated                     SUPPLEMENTARY INFORMATION:
                                                for email alerts, you will be notified                  representatives.
                                                when comments are posted or a final                        (d) Enforcement Period. This rule will             I. Table of Abbreviations
                                                rule is published.                                      be enforced on July 4, 2018 from 8:45                 CFR Code of Federal Regulations
                                                List of Subjects in 33 CFR Part 165                     p.m. until 10.15 p.m.                                 DHS Department of Homeland Security
                                                                                                          Dated: May 16, 2018.                                FR Federal Register
                                                  Harbors, Marine safety, Navigation                                                                          NPRM Notice of proposed rulemaking
                                                (water), Reporting and recordkeeping                    J.W. Reed,
                                                                                                                                                              § Section
                                                requirements, Security measures,                        Captain, U.S. Coast Guard, Captain of the             U.S.C. United States Code
                                                Waterways.                                              Port, Charleston.
                                                                                                        [FR Doc. 2018–10931 Filed 5–21–18; 8:45 am]           II. Background, Purpose, and Legal
                                                  For the reasons discussed in the                                                                            Basis
                                                                                                        BILLING CODE 9110–04–P
                                                preamble, the Coast Guard proposes to
                                                amend 33 CFR part 165 as follows:                                                                                On September 29, 2014, the Coast
                                                                                                                                                              Guard published a Notice of Proposed
                                                PART 165—REGULATED NAVIGATION                           DEPARTMENT OF HOMELAND                                Rulemaking (NPRM) with a request for
                                                AREAS AND LIMITED ACCESS AREAS                          SECURITY                                              comments entitled, ‘‘Security Zones;
                                                                                                                                                              Dignitary Arrival/Departure and United
                                                ■ 1. The authority citation for part 165                Coast Guard                                           Nations Meetings, New York, NY’’ in
                                                continues to read as follows:                                                                                 the Federal Register (79 FR 58298). This
                                                                                                        33 CFR Part 165                                       NPRM proposed to disestablish three
                                                  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;               [Docket Number USCG–2017–1081]                        regulated navigation areas (RNAs) and
                                                Department of Homeland Security Delegation                                                                    replace each with a security zone. No
                                                No. 0170.1.                                             RIN 1625–AA87                                         comments nor requests for a public
                                                ■ 2. Add a temporary § 165.T07–0203 to                                                                        meeting were received. On December
                                                                                                        Security Zones; Dignitary Arrival/
                                                read as follows:                                                                                              30, 2014 the Coast Guard published a
                                                                                                        Departure and United Nations
                                                                                                                                                              Final Rule titled, ‘‘Security Zones;
                                                § 165.T07–0203 Safety Zone; Marshwalk                   Meetings, New York, NY
                                                                                                                                                              Dignitary Arrival/Departure and United
                                                Group Independence Day Fireworks,                       AGENCY:   Coast Guard, DHS.                           Nations Meetings, New York, NY’’ in
                                                Murrells Inlet, SC.                                                                                           the Federal Register (79 FR 78308). This
                                                                                                        ACTION:   Notice of proposed rulemaking.
                                                   (a) Location. The following is a safety                                                                    final rule disestablished the RNAs and
                                                zone: Certain waters of the Atlantic                    SUMMARY:    The Coast Guard proposes to               replaced each with a security zone. One
                                                Ocean at Murrells Inlet, South Carolina                 modify the Marine Air Terminal,                       of the security zones established was the
                                                within a 500-yard radius of Veterans                    LaGuardia Airport Security Zone. The                  Marine Air Terminal, LaGuardia Airport
                                                Fishing Pier.                                           modification of the security zone would               security zone.
                                                   (b) Definition. The term ‘‘designated                expand the existing security zone                        The purpose of this rulemaking is to
                                                representative’’ means Coast Guard                      boundary north along the Rikers Island                modify the existing Marine Air
                                                Patrol Commanders, including Coast                      Bridge to the intersecting point on the               Terminal, LaGuardia Airport security
                                                Guard coxswains, petty officers, and                    southern tip of Rikers Island then east               zone. Due to location adjustments of
                                                other officers operating Coast Guard                    to the western end of LaGuardia Airport.              security staging areas, the Coast Guard
                                                vessels, and Federal, state, and local                  This expanded security zone is                        has determined that modification of the
                                                officers designated by or assisting the                 necessary to protect the port, waterfront             existing security zone is necessary to
                                                Captain of the Port Charleston in the                   facilities, and waters of the United                  safeguard the port, waterfront facilities,
                                                enforcement of the regulated areas.                     States from terrorism, sabotage, or other             and waters of the United States from
                                                   (c) Regulations. (1) All persons and                 subversive acts and incidents of a                    terrorism, sabotage, or other subversive
                                                vessels are prohibited from entering,                   similar nature during visits to New York              acts and incidents of a similar nature
                                                transiting through, anchoring in, or                    City by various dignitaries. We invite                during visits by various dignitaries to
                                                remaining within the regulated area                     your comments on this proposed                        New York City.
                                                unless authorized by the Captain of the                 rulemaking.                                              The Coast Guard proposes this
                                                Port Charleston or a designated                                                                               rulemaking under the authority in 33
amozie on DSK3GDR082PROD with PROPOSALS1




                                                representative.                                         DATES:  Comments and related material                 U.S.C. 1231; 50 U.S.C. 191; 33 CFR
                                                   (2) Persons and vessels desiring to                  must be received by the Coast Guard on                1.05–1, 6.04–1, 6.04–6, 160.5; and
                                                enter, transit through, anchor in, or                   or before July 23, 2018.                              Department of Homeland Security
                                                remain within the regulated area may                    ADDRESSES: You may submit comments                    Delegation No. 0170.1.
                                                contact the Captain of the Port                         identified by docket number USCG–
                                                Charleston by telephone at 843–740–                     2017–1081 using the Federal                           III. Discussion of Proposed Rule
                                                7050, or a designated representative via                eRulemaking Portal at http://                            The Coast Guard proposes to amend
                                                VHF radio on channel 16, to request                     www.regulations.gov. See the ‘‘Public                 33 CFR 165.164 by modifying the


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Document Created: 2018-11-02 11:09:50
Document Modified: 2018-11-02 11:09:50
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 June 21, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant Justin Heck, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]
FR Citation83 FR 23617 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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