83_FR_29842 83 FR 29719 - Safety Zone, Swim Around Charleston; Charleston, SC

83 FR 29719 - Safety Zone, Swim Around Charleston; Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 123 (June 26, 2018)

Page Range29719-29721
FR Document2018-13679

The Coast Guard proposes to establish a temporary moving safety zone during the Swim Around Charleston, a swimming race occurring on the Wando River, the Cooper River, Charleston Harbor, and the Ashley River, in Charleston, South Carolina. The temporary moving safety zone is necessary to protect swimmers, participant vessels, spectators, and the general public during the event. Persons and vessels would be prohibited from entering the safety zone unless authorized by the Captain of the Port Charleston or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 123 (Tuesday, June 26, 2018)
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Proposed Rules]
[Pages 29719-29721]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13679]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0598]
RIN 1625-AA00


Safety Zone, Swim Around Charleston; Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary moving 
safety zone during the Swim Around Charleston, a swimming race 
occurring on the Wando River, the Cooper River, Charleston Harbor, and 
the Ashley River, in Charleston, South Carolina. The temporary moving 
safety zone is necessary to protect swimmers, participant vessels, 
spectators, and the general public during the event. Persons and 
vessels would be prohibited from entering the safety zone unless 
authorized by the Captain of the Port Charleston or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 26, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0598 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 Justin.C.Heck@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    On April 9, 2018, Kathleen Wilson notified the Coast Guard that she 
will be sponsoring the Swim Around Charleston on September 16, 2018 and 
would impact waters of the Wando River, Cooper River, Charleston 
Harbor, and Ashley River, in Charleston, South Carolina. The legal 
basis for the proposed rule is the Coast Guard's authority to establish 
a safety zone is 33 U.S.C. 1231. The purpose of the proposed rule is to 
ensure safety of life on the navigable waters of the Wando River, 
Cooper River, Charleston Harbor, and Ashley River, in Charleston, South 
Carolina during Swim Around Charleston.

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary safety zone on the 
waters of the Wando River, Cooper River, Charleston Harbor, and Ashley 
River, in Charleston, South Carolina during Swim Around Charleston from 
7:45 a.m. to 2 p.m. on September 16, 2018. Approximately 100 swimmers 
are anticipated to participate in the race. 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. The COTP will provide notice of 
the safety zone by Local Notice to Mariners, Broadcast Notice to 
Mariners, and on-scene designated representatives.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. 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 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: (1) The safety 
zone would be enforced for only seven hours; (2) the safety zone would 
move with the participant vessels so that once the swimmers clear a 
portion of the waterway, the safety zone would no longer be enforced in 
that portion of the waterway; (3) although persons and vessels would 
not be able to enter or transit through the safety zone without 
authorization from the COTP or a designated representative, they would 
be able to operate in the surrounding area during the enforcement 
period; (4) persons and vessels would still be able to enter or transit 
through the safety zone if authorized by the COTP or a designated 
representative; and (5) the COTP would provide advance notification of 
the safety zone to the local maritime community by Local Notice to 
Mariners and Broadcast Notice to Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    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.

[[Page 29720]]

    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 less than seven hours that would prohibit entry within the 
safety zone. 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 
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 Sec.  165.T07-0598 to read as follows:


Sec.  100.T07-0598  Safety Zone; Swim Around Charleston, Charleston, 
SC.

    (a) Regulated area. The following regulated area is a moving safety 
zone: All waters 50 yards in front of the lead safety vessel preceding 
the first race participants, 50 yards behind the safety vessel trailing 
the last race participants, and at all times extend 100 yards on either 
side of safety vessels. The Swim Around Charleston swimming race 
consists of a 12 mile course that starts at Remley's Point on the Wando 
River in approximate position 32[deg]48'49'' N, 79[deg]54'27'' W, 
crosses the main shipping channel under the main span of the Ravenel 
Bridge, and finishes at the I-526 bridge and boat landing on the Ashley 
River in approximate position 32[deg]50'14'' N, 80[deg]01'23'' W. All

[[Page 29721]]

coordinates are North American Datum 1983.
    (b) Definition. As used in this section, ``designated 
representative'' means Coast Guard Patrol Commanders, including Coast 
Guard coxswains, petty officers, and other officers operating Coast 
Guard vessels, and Federal, state, and local officers designated by or 
assisting the 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 the Swim 
Around Charleston, or 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 on September 16, 
2018 from 7:45 a.m. until 2 p.m.

    Dated: June 20, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2018-13679 Filed 6-25-18; 8:45 am]
BILLING CODE 9110-04-P



                                                                           Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules                                          29719

                                                  MSHA to determine non-regulatory                        DHS Department of Homeland Security                    alternatives and, if regulation is
                                                  initiatives the Agency should explore.                  E.O. Executive Order                                   necessary, to select regulatory
                                                                                                          FR Federal Register                                    approaches that maximize net benefits.
                                                     Authority: 30 U.S.C. 811, 813(h).                    NPRM Notice of proposed rulemaking
                                                                                                          Pub. L. Public Law
                                                                                                                                                                 Executive Order 13771 directs agencies
                                                  David G. Zatezalo,                                                                                             to control regulatory costs through a
                                                                                                          § Section
                                                  Assistant Secretary of Labor for Mine Safety            U.S.C. United States Code                              budgeting process. This NPRM has not
                                                  and Health.                                             COTP Captain of the Port                               been designated a ‘‘significant
                                                  [FR Doc. 2018–13603 Filed 6–25–18; 8:45 am]                                                                    regulatory action,’’ under Executive
                                                                                                          II. Background, Purpose, and Legal
                                                  BILLING CODE 4510–43–P                                                                                         Order 12866. Accordingly, the NPRM
                                                                                                          Basis
                                                                                                                                                                 has not been reviewed by the Office of
                                                                                                             On April 9, 2018, Kathleen Wilson                   Management and Budget (OMB), and
                                                  DEPARTMENT OF HOMELAND                                  notified the Coast Guard that she will be              pursuant to OMB guidance it is exempt
                                                  SECURITY                                                sponsoring the Swim Around                             from the requirements of Executive
                                                                                                          Charleston on September 16, 2018 and                   Order 13771.
                                                  Coast Guard                                             would impact waters of the Wando                          This regulatory action determination
                                                                                                          River, Cooper River, Charleston Harbor,                is based on: (1) The safety zone would
                                                  33 CFR Part 165                                         and Ashley River, in Charleston, South                 be enforced for only seven hours; (2) the
                                                                                                          Carolina. The legal basis for the                      safety zone would move with the
                                                  [Docket Number USCG–2018–0598]                          proposed rule is the Coast Guard’s                     participant vessels so that once the
                                                  RIN 1625–AA00                                           authority to establish a safety zone is 33             swimmers clear a portion of the
                                                                                                          U.S.C. 1231. The purpose of the                        waterway, the safety zone would no
                                                  Safety Zone, Swim Around Charleston;                    proposed rule is to ensure safety of life              longer be enforced in that portion of the
                                                  Charleston, SC                                          on the navigable waters of the Wando                   waterway; (3) although persons and
                                                                                                          River, Cooper River, Charleston Harbor,                vessels would not be able to enter or
                                                  AGENCY:   Coast Guard, DHS.                             and Ashley River, in Charleston, South                 transit through the safety zone without
                                                  ACTION:   Notice of proposed rulemaking.                Carolina during Swim Around                            authorization from the COTP or a
                                                                                                          Charleston.                                            designated representative, they would
                                                  SUMMARY:   The Coast Guard proposes to
                                                  establish a temporary moving safety                     III. Discussion of Proposed Rule                       be able to operate in the surrounding
                                                  zone during the Swim Around                                                                                    area during the enforcement period; (4)
                                                                                                             The COTP proposes to establish a
                                                  Charleston, a swimming race occurring                                                                          persons and vessels would still be able
                                                                                                          temporary safety zone on the waters of
                                                  on the Wando River, the Cooper River,                                                                          to enter or transit through the safety
                                                                                                          the Wando River, Cooper River,
                                                  Charleston Harbor, and the Ashley                                                                              zone if authorized by the COTP or a
                                                                                                          Charleston Harbor, and Ashley River, in
                                                  River, in Charleston, South Carolina.                                                                          designated representative; and (5) the
                                                                                                          Charleston, South Carolina during Swim
                                                  The temporary moving safety zone is                                                                            COTP would provide advance
                                                                                                          Around Charleston from 7:45 a.m. to 2
                                                  necessary to protect swimmers,                                                                                 notification of the safety zone to the
                                                                                                          p.m. on September 16, 2018.
                                                  participant vessels, spectators, and the                                                                       local maritime community by Local
                                                                                                          Approximately 100 swimmers are
                                                  general public during the event. Persons                                                                       Notice to Mariners and Broadcast Notice
                                                                                                          anticipated to participate in the race.
                                                  and vessels would be prohibited from                                                                           to Mariners.
                                                                                                          Persons and vessels desiring to enter,
                                                  entering the safety zone unless                         transit through, anchor in, or remain                  B. Impact on Small Entities
                                                  authorized by the Captain of the Port                   within the regulated area may contact
                                                  Charleston or a designated                                                                                        The Regulatory Flexibility Act of
                                                                                                          the COTP by telephone at (843) 740–
                                                  representative. We invite your                                                                                 1980, 5 U.S.C. 601–612, as amended,
                                                                                                          7050, or a designated representative via
                                                  comments on this proposed rulemaking.                                                                          requires Federal agencies to consider
                                                                                                          VHF radio on channel 16, to request
                                                  DATES: Comments and related material
                                                                                                                                                                 the potential impact of regulations on
                                                                                                          authorization. If authorization to enter,
                                                  must be received by the Coast Guard on                                                                         small entities during rulemaking. The
                                                                                                          transit through, anchor in, or remain
                                                  or before July 26, 2018.                                                                                       term ‘‘small entities’’ comprises small
                                                                                                          within the regulated area is granted, all
                                                                                                                                                                 businesses, not-for-profit organizations
                                                  ADDRESSES: You may submit comments                      persons and vessels receiving such
                                                                                                                                                                 that are independently owned and
                                                  identified by docket number USCG–                       authorization must comply with the
                                                                                                                                                                 operated and are not dominant in their
                                                  2018–0598 using the Federal                             instructions of the COTP or a designated
                                                                                                                                                                 fields, and governmental jurisdictions
                                                  eRulemaking Portal at http://                           representative. The COTP will provide
                                                                                                                                                                 with populations of less than 50,000.
                                                  www.regulations.gov. See the ‘‘Public                   notice of the safety zone by Local Notice
                                                                                                                                                                 The Coast Guard certifies under 5 U.S.C.
                                                  Participation and Request for                           to Mariners, Broadcast Notice to
                                                                                                                                                                 605(b) that this proposed rule would not
                                                  Comments’’ portion of the                               Mariners, and on-scene designated
                                                                                                                                                                 have a significant economic impact on
                                                  SUPPLEMENTARY INFORMATION section for                   representatives.
                                                                                                                                                                 a substantial number of small entities.
                                                  further instructions on submitting                      IV. Regulatory Analyses                                   We have considered the impact of this
                                                  comments.
                                                                                                            We developed this proposed rule after                proposed rule on small entities. This
                                                  FOR FURTHER INFORMATION CONTACT:    If                  considering numerous statutes and                      rule may affect the following entities,
                                                  you have questions about this proposed                  Executive Orders related to rulemaking.                some of which may be small entities:
                                                  rulemaking, call or email Lieutenant                                                                           The owner or operators of vessels
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                          Below we summarize our analyses
                                                  Justin Heck, Sector Charleston Office of                based on a number of these statutes and                intending to enter, transit through,
                                                  Waterways Management, Coast Guard;                      Executive Orders and we discuss First                  anchor in, or remain within the
                                                  telephone (843) 740–3184, email                         Amendment rights of protestors.                        regulated area during the enforcement
                                                  Justin.C.Heck@uscg.mil.                                                                                        period. For the reasons stated in section
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          A. Regulatory Planning and Review                      IV.A. above, this proposed rule would
                                                                                                            Executive Orders 12866 and 13563                     not have a significant economic impact
                                                  I. Table of Abbreviations                               direct agencies to assess the costs and                on a substantial number of small
                                                  CFR    Code of Federal Regulations                      benefits of available regulatory                       entities.


                                             VerDate Sep<11>2014   16:21 Jun 25, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4702   Sfmt 4702   E:\FR\FM\26JNP1.SGM   26JNP1


                                                  29720                    Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules

                                                     If you think that your business,                     their discretionary regulatory actions. In                We encourage you to submit
                                                  organization, or governmental                           particular, the Act addresses actions                  comments through the Federal
                                                  jurisdiction qualifies as a small entity                that may result in the expenditure by a                eRulemaking Portal at http://
                                                  and that this rule would have a                         State, local, or tribal government, in the             www.regulations.gov. If your material
                                                  significant economic impact on it,                      aggregate, or by the private sector of                 cannot be submitted using http://
                                                  please submit a comment (see                            $100,000,000 (adjusted for inflation) or               www.regulations.gov, contact the person
                                                  ADDRESSES) explaining why you think it                  more in any one year. Though this                      in the FOR FURTHER INFORMATION
                                                  qualifies and how and to what degree                    proposed rule would not result in such                 CONTACT section of this document for
                                                  this rule would economically affect it.                 an expenditure, we do discuss the                      alternate instructions.
                                                     Under section 213(a) of the Small                    effects of this rule elsewhere in this                    We accept anonymous comments. All
                                                  Business Regulatory Enforcement                         preamble.                                              comments received will be posted
                                                  Fairness Act of 1996 (Pub. L. 104–121),                                                                        without change to http://
                                                  we want to assist small entities in                     F. Environment                                         www.regulations.gov and will include
                                                  understanding this proposed rule. If the                  We have analyzed this proposed rule                  any personal information you have
                                                  rule would affect your small business,                  under Department of Homeland                           provided. For more about privacy and
                                                  organization, or governmental                           Security Management Directive 023–01                   the docket, visit http://
                                                  jurisdiction and you have questions                     and Commandant Instruction                             www.regulations.gov/privacyNotice.
                                                  concerning its provisions or options for                M16475.lD, which guide the Coast                          Documents mentioned in this NPRM
                                                  compliance, please contact the person                   Guard in complying with the National                   as being available in the docket, and all
                                                  listed in the FOR FURTHER INFORMATION                   Environmental Policy Act of 1969 (42                   public comments, will be in our online
                                                  CONTACT section. The Coast Guard will                   U.S.C. 4321–4370f), and have made a                    docket at http://www.regulations.gov
                                                  not retaliate against small entities that               preliminary determination that this                    and can be viewed by following that
                                                  question or complain about this                         action is one of a category of actions that            website’s instructions. Additionally, if
                                                  proposed rule or any policy or action of                do not individually or cumulatively                    you go to the online docket and sign up
                                                  the Coast Guard.                                        have a significant effect on the human                 for email alerts, you will be notified
                                                                                                          environment. This proposed rule                        when comments are posted or a final
                                                  C. Collection of Information
                                                                                                          involves a safety zone lasting less than               rule is published.
                                                    This proposed rule would not call for                 seven hours that would prohibit entry
                                                  a new collection of information under                                                                          List of Subjects in 33 CFR Part 165
                                                                                                          within the safety zone. Normally such
                                                  the Paperwork Reduction Act of 1995                     actions are categorically excluded from                  Harbors, Marine safety, Navigation
                                                  (44 U.S.C. 3501–3520).                                  further review under paragraph L 60(a)                 (water), Reporting and recordkeeping
                                                  D. Federalism and Indian Tribal                         of Appendix A, Table 1 of DHS                          requirements, Security measures,
                                                  Governments                                             Instruction Manual 023–01–001–01,                      Waterways.
                                                                                                          Rev. 01. A preliminary Record of                         For the reasons discussed in the
                                                     A rule has implications for federalism                                                                      preamble, the Coast Guard proposes to
                                                  under Executive Order 13132,                            Environmental Consideration
                                                                                                          supporting this determination is                       amend 33 CFR part 165 as follows:
                                                  Federalism, if it has a substantial direct
                                                  effect on the States, on the relationship               available in the docket where indicated
                                                                                                          under ADDRESSES. We seek any                           PART 165—REGULATED NAVIGATION
                                                  between the national government and                                                                            AREAS AND LIMITED ACCESS AREAS
                                                  the States, or on the distribution of                   comments or information that may lead
                                                  power and responsibilities among the                    to the discovery of a significant                      ■ 1. The authority citation for part 165
                                                  various levels of government. We have                   environmental impact from this                         continues to read as follows:
                                                  analyzed this proposed rule under that                  proposed rule.
                                                                                                                                                                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  Order and have determined that it is                    G. Protest Activities                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  consistent with the fundamental                                                                                Department of Homeland Security Delegation
                                                  federalism principles and preemption                      The Coast Guard respects the First                   No. 0170.1.
                                                  requirements described in Executive                     Amendment rights of protesters.                        ■ 2. Add § 165.T07–0598 to read as
                                                  Order 13132.                                            Protesters are asked to contact the                    follows:
                                                     Also, this proposed rule does not have               person listed in the FOR FURTHER
                                                  tribal implications under Executive                     INFORMATION CONTACT section to                         § 100.T07–0598 Safety Zone; Swim Around
                                                  Order 13175, Consultation and                           coordinate protest activities so that your             Charleston, Charleston, SC.
                                                  Coordination with Indian Tribal                         message can be received without                           (a) Regulated area. The following
                                                  Governments, because it would not have                  jeopardizing the safety or security of                 regulated area is a moving safety zone:
                                                  a substantial direct effect on one or                   people, places, or vessels.                            All waters 50 yards in front of the lead
                                                  more Indian tribes, on the relationship                 V. Public Participation and Request for                safety vessel preceding the first race
                                                  between the Federal Government and                      Comments                                               participants, 50 yards behind the safety
                                                  Indian tribes, or on the distribution of                                                                       vessel trailing the last race participants,
                                                  power and responsibilities between the                    We view public participation as                      and at all times extend 100 yards on
                                                  Federal Government and Indian tribes.                   essential to effective rulemaking, and                 either side of safety vessels. The Swim
                                                  If you believe this proposed rule has                   will consider all comments and material                Around Charleston swimming race
                                                                                                          received during the comment period.                    consists of a 12 mile course that starts
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  implications for federalism or Indian
                                                  tribes, please contact the person listed                Your comment can help shape the                        at Remley’s Point on the Wando River
                                                  in the FOR FURTHER INFORMATION                          outcome of this rulemaking. If you                     in approximate position 32°48′49″ N,
                                                  CONTACT section.                                        submit a comment, please include the                   79°54′27″ W, crosses the main shipping
                                                                                                          docket number for this rulemaking,                     channel under the main span of the
                                                  E. Unfunded Mandates Reform Act                         indicate the specific section of this                  Ravenel Bridge, and finishes at the I–
                                                    The Unfunded Mandates Reform Act                      document to which each comment                         526 bridge and boat landing on the
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   applies, and provide a reason for each                 Ashley River in approximate position
                                                  Federal agencies to assess the effects of               suggestion or recommendation.                          32°50′14″ N, 80°01′23″ W. All


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                                                                           Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules                                           29721

                                                  coordinates are North American Datum                    USA Triathlon National                                 this event or for vessels that operate in
                                                  1983.                                                   Championships. This action is                          their vicinity.
                                                     (b) Definition. As used in this section,             necessary to provide for the safety of life              The purpose of this rulemaking is to
                                                  ‘‘designated representative’’ means                     on these navigable waters near                         ensure the safety of the event
                                                  Coast Guard Patrol Commanders,                          Edgewater Park, Cleveland, OH, during                  participants and transiting vessels on
                                                  including Coast Guard coxswains, petty                  the swim events during the multiple                    specified waters of Lake Erie before,
                                                  officers, and other officers operating                  triathlons over the course of three days.              during and after the scheduled event.
                                                  Coast Guard vessels, and Federal, state,                This proposed rulemaking would                         The Coast Guard proposes this
                                                  and local officers designated by or                     prohibit persons and vessels from being                rulemaking under authority in 33 U.S.C.
                                                  assisting the COTP in the enforcement                   in the safety zone unless authorized by                1231.
                                                  of the regulated areas.                                 the Captain of the Port Buffalo or a                   III. Discussion of Proposed Rule
                                                     (c) Regulations. (1) All persons and                 designated representative. We invite
                                                  vessels are prohibited from entering,                   your comments on this proposed                            The COTP proposes to establish a
                                                  transiting through, anchoring in, or                    rulemaking.                                            temporary safety zone from 10:00 a.m.
                                                  remaining within the regulated area,                                                                           to 1:30 p.m. on August 10, 2018, from
                                                                                                          DATES: Comments and related material                   5:00 a.m. to 5:30 p.m. on August 11,
                                                  except persons and vessels participating                must be received by the Coast Guard on
                                                  in the Swim Around Charleston, or                                                                              2018, and from 5:00 a.m. to 12:00 p.m.
                                                                                                          or before July 26, 2018.                               on August 12, 2018. The safety zone
                                                  serving as safety vessels.
                                                                                                          ADDRESSES: You may submit comments                     will cover all navigable waters of Lake
                                                     (2) Persons and vessels desiring to
                                                  enter, transit through, anchor in, or                   identified by docket number USCG–                      Erie, off of Edgewater Park, Cleveland
                                                  remain within the regulated area may                    2018–0427 using the Federal                            OH, inside an area starting on shore at
                                                  contact the COTP by telephone at (843)                  eRulemaking Portal at http://                          position 41°29′16″ N, 081°44′49″ W then
                                                  740–7050, or a designated                               www.regulations.gov. See the ‘‘Public                  Northwest to 41°29′34″ N, 081°45′02″ W
                                                  representative via VHF radio on channel                 Participation and Request for                          then Northeast to 41°29′43″ N,
                                                  16, to request authorization. If                        Comments’’ portion of the                              081°44′31″ W, then Southeast back to
                                                                                                          SUPPLEMENTARY INFORMATION section for                  shore at position 41°29′28″ N,
                                                  authorization to enter, transit through,
                                                  anchor in, or remain within the                         further instructions on submitting                     081°44′22″ (NAD 83). The duration of
                                                  regulated area is granted, all persons                  comments.                                              the zone is intended to ensure the safety
                                                  and vessels receiving such authorization                FOR FURTHER INFORMATION CONTACT: If                    of vessels and these navigable waters
                                                  must comply with the instructions of                    you have questions about this proposed                 before, during, and after the schedule
                                                  the COTP or a designated                                rulemaking, call or email LT Michael                   events over the course of the three days.
                                                  representative.                                         Collet, Chief of Waterways Management,                 No vessel or person would be permitted
                                                     (3) The Coast Guard will provide                     U.S. Coast Guard Sector Buffalo;                       to enter the safety zone without
                                                  notice of the regulated area by Marine                  telephone 716–843–9322, email D09-                     obtaining permission from the COTP or
                                                  Safety Information Bulletins, Local                     SMB-SECBuffalo-WWM@uscg.mil.                           a designated representative. The
                                                  Notice to Mariners, Broadcast Notice to                 SUPPLEMENTARY INFORMATION:                             regulatory text we are proposing appears
                                                  Mariners, and on-scene designated                                                                              at the end of this document.
                                                  representatives.                                        I. Table of Abbreviations
                                                                                                                                                                 IV. Regulatory Analyses
                                                     (d) Enforcement period. This rule will               CFR Code of Federal Regulations
                                                  be enforced on September 16, 2018 from                  DHS Department of Homeland Security                      We developed this proposed rule after
                                                  7:45 a.m. until 2 p.m.                                  FR Federal Register                                    considering numerous statutes and
                                                                                                          NPRM Notice of proposed rulemaking                     Executive Orders related to rulemaking.
                                                    Dated: June 20, 2018.                                 § Section                                              Below we summarize our analyses
                                                  J.W. Reed,                                              U.S.C. United States Code                              based on a number of these statutes and
                                                  Captain, U.S. Coast Guard, Captain of the                                                                      Executive Orders and we discuss First
                                                  Port Charleston.                                        II. Background, Purpose, and Legal
                                                                                                          Basis                                                  Amendment rights of protestors.
                                                  [FR Doc. 2018–13679 Filed 6–25–18; 8:45 am]
                                                                                                             On November 29, 2017, USA                           A. Regulatory Planning and Review
                                                  BILLING CODE 9110–04–P
                                                                                                          Triathlon notified the Coast Guard that                   Executive Orders 12866 and 13563
                                                                                                          it will be conducting the USA Triathlon                direct agencies to assess the costs and
                                                  DEPARTMENT OF HOMELAND                                  Age Group National Championships                       benefits of available regulatory
                                                  SECURITY                                                from 10:00 a.m. to 1:30 p.m. on August                 alternatives and, if regulation is
                                                                                                          10, 2018, from 5:00 a.m. to 5:30 p.m. on               necessary, to select regulatory
                                                  Coast Guard                                             August 11, 2018, and from 5:00 a.m. to                 approaches that maximize net benefits.
                                                                                                          12:00 p.m. on August 12, 2018. The                     Executive Order 13771 directs agencies
                                                  33 CFR Part 165                                         swim portion of the multiple triathlon                 to control regulatory costs through a
                                                  [Docket Number USCG–2018–0427]                          events will be held off Edgewater Park                 budgeting process. This NPRM has not
                                                                                                          in Lake Erie, Cleveland, OH. Hazards                   been designated a ‘‘significant
                                                  RIN 1625–AA00                                           from swim events include participants                  regulatory action,’’ under Executive
                                                                                                          swimming in an area that has a high                    Order 12866. Accordingly, the NPRM
                                                  Safety Zone; USA Triathlon Age Group                    amount of recreational traffic and                     has not been reviewed by the Office of
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  National Championships Lake Erie,                       interfering with vessels intending to                  Management and Budget (OMB), and
                                                  Cleveland, OH                                           operate in that location, as well as                   pursuant to OMB guidance it is exempt
                                                  AGENCY:   Coast Guard, DHS.                             swimming within approaches to public                   from the requirements of Executive
                                                  ACTION:   Notice of proposed rulemaking.                and private marinas. The Captain of the                Order 13771.
                                                                                                          Port Buffalo (COTP) has determined that                   This regulatory action determination
                                                  SUMMARY:   The Coast Guard proposes to                  potential hazards associated with the                  is based on the size, location, duration,
                                                  establish a temporary safety zone for                   swim events would be a safety concern                  and time-of-day of the safety zone.
                                                  certain waters of Lake Erie during the                  for anyone intending to participate in                 Moreover, the Coast Guard would issue


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Document Created: 2018-06-26 00:52:24
Document Modified: 2018-06-26 00:52:24
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 July 26, 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 29719 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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