83_FR_9288 83 FR 9245 - Safety Zone; Cooper River Bridge Run, Cooper River, and Town Creek Reaches, Charleston, SC

83 FR 9245 - Safety Zone; Cooper River Bridge Run, Cooper River, and Town Creek Reaches, Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 43 (March 5, 2018)

Page Range9245-9247
FR Document2018-04367

The Coast Guard proposes to establish a safety zone on the waters of Cooper River and Town Creek Reaches in Charleston, South Carolina during the Cooper River Bridge Run. The Cooper River Bridge Run is a 10-K run across the Arthur Ravenel Bridge. The safety zone is necessary for the safety of the runners and the general public during this event. 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 or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 43 (Monday, March 5, 2018)
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Proposed Rules]
[Pages 9245-9247]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04367]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0032]
RIN 1625-AA00


Safety Zone; Cooper River Bridge Run, Cooper River, and Town 
Creek Reaches, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a safety zone on the 
waters of Cooper River and Town Creek Reaches in Charleston, South 
Carolina during the Cooper River Bridge Run. The Cooper River Bridge 
Run is a 10-K run across the Arthur Ravenel Bridge. The safety zone is 
necessary for the safety of the runners and the general public during 
this event. 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 
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 March 20, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0032 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
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 January 11, 2018, the Coast Guard was notified by the City of 
Charleston about the Cooper River Bridge 10-K Run, which will be held 
on April 7, 2018, and will impact waters of the Cooper River and Town 
Creek Reaches in Charleston, South Carolina. The purpose of this 
proposed rule is to ensure the safety of the runners, the general 
public, and vessels on the navigable waters during the scheduled event.
    The Coast Guard is requesting that interested parties provide 
comments within a shortened comment period of 15 days instead of a 
standard 30 days for this notice of proposed rulemaking.
    The Coast Guard believes a shortened comment period is necessary 
and reasonable because the safety zone is necessary to ensure the 
safety of event participants, the general public, vessels and these 
navigable waters during the race. Any delay in making this final rule 
effective by allowing comments for more than 15 days would not be in 
the best interest of public safety.
    The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1231.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a safety zone on the waters 
of the Cooper River and Town Creek Reaches in Charleston, South 
Carolina from 7:30 a.m. to 10:30 a.m. on April 7, 2018, during the 
Cooper River Bridge Run. The duration of the zone is intended to ensure 
the safety of event participants,

[[Page 9246]]

the general public, vessels and these navigable waters during the race 
scheduled from 7:30 a.m. to 10:30 a.m. Approximately 40,000 runners are 
anticipated to participate in the race. No vessel or person would be 
permitted to enter the safety zone without obtaining permission from 
the Captain of the Port Charleston or a designated representative. 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.

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 will only be enforced for a total of three hours; (2) although 
persons and vessels may not enter, transit through, anchor in, or 
remain within the safety zone without authorization from the Captain of 
the Port Charleston or a designated representative, they may operate in 
the surrounding area during the enforcement period; and (3) the Coast 
Guard will provide advance notification of the safety zone to the local 
maritime community by Local Notice to Mariners and Broadcast Notice to 
Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, (5 U.S.C. 601-612), as 
amended requires Federal agencies to consider the potential impact of 
regulations on ``small entities'' 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 discussed in Regulatory Planning 
and Review section above, this rule will 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

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 Directive 023-01, which guides the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This proposed rule 
involves a safety zone prohibiting vessel traffic from a limited area 
surrounding the Cooper River Bridge on the waters of the Cooper River 
and Town Creek Reaches for a 3 hour period. Normally such actions are 
categorically excluded from further review under paragraph L60 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.

[[Page 9247]]

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--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; and Department of Homeland Security Delegation No. 
0170.

0
2. Add a temporary Sec.  165.35T07-0032 to read as follows:


Sec.  165.T07-0032  Safety Zone; Cooper River Bridge Run, Charleston 
SC.

    (a) Location. All waters of the Cooper River, and Town Creek 
Reaches encompassed within the following points: beginning at 
32[deg]48'32'' N, 079[deg]56'08'' W, thence east to 32[deg]48'20'' N, 
079[deg]54'20'' W, thence south to 32[deg]47'20'' N, 079[deg]54'29'' W, 
thence west to 32[deg]47'20'' N, 079[deg]55'28'' W, thence north to 
origin. All coordinates are North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Charleston in the enforcement of the regulated 
areas.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
area unless authorized by the Captain of the Port Charleston or a 
designated representative.
    (2) Persons and vessels desiring to enter, transit through, or 
remain within the regulated area may contact the Captain of the Port 
Charleston by telephone at 843-740-7050, or a designated representative 
via VHF radio on channel 16, to request authorization. If authorization 
to enter, transit through, or remain within the regulated area is 
granted by the Captain of the Port Charleston or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Charleston 
or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Period. This proposed rule will be enforced from 
7:30 a.m. until 10:30 a.m. on April 7, 2018.

    Dated: February 27, 2018.
John W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2018-04367 Filed 3-2-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                              Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules                                             9245

                                                  26, 1979); and (3) does not warrant                        Paragraph 6004 Class E Airspace                       eRulemaking Portal at http://
                                                  preparation of a Regulatory Evaluation                     Designated as an Extension to a Class D               www.regulations.gov. See the ‘‘Public
                                                  as the anticipated impact is so minimal.                   Surface Area.                                         Participation and Request for
                                                  Since this is a routine matter that will                   *      *      *      *       *                        Comments’’ portion of the
                                                  only affect air traffic procedures and air                 ASO NC E4 Jacksonville, NC [Amended]                  SUPPLEMENTARY INFORMATION section for
                                                  navigation, it is certified that this                                                                            further instructions on submitting
                                                                                                             New River MCAS, NC
                                                  proposed rule, when promulgated, will                        (Lat. 34°42′30″ N, long. 77°26′23″ W)
                                                                                                                                                                   comments.
                                                  not have a significant economic impact                     New River TACAN                                       FOR FURTHER INFORMATION CONTACT:    If
                                                  on a substantial number of small entities                    (Lat. 34°42′26″ N, long. 77°26′25″ W)               you have questions about this proposed
                                                  under the criteria of the Regulatory                         That airspace extending upward from the             rulemaking, call or email Lieutenant
                                                  Flexibility Act.                                           surface within 3.2 miles each side of New             Justin Heck, Sector Charleston Office of
                                                  Environmental Review                                       River TACAN 239° radial, extending from the           Waterways Management, Coast Guard;
                                                                                                             5-mile radius of New River MCAS to 7 miles            telephone (843) 740–3184, email
                                                     This proposal would be subject to an                    southwest of the TACAN. This Class E
                                                                                                                                                                   Justin.C.Heck@uscg.mil.
                                                  environmental analysis in accordance                       airspace area is effective during the specific
                                                                                                             days and times established in advance by a            SUPPLEMENTARY INFORMATION:
                                                  with FAA Order 1050.1F,
                                                                                                             Notice to Airmen. The effective days and
                                                  ‘‘Environmental Impacts: Policies and                                                                            I. Table of Abbreviations
                                                                                                             times will thereafter be continuously
                                                  Procedures’’ prior to any FAA final                        published in the Chart Supplement.                    CFR Code of Federal Regulations
                                                  regulatory action.                                                                                               DHS Department of Homeland Security
                                                                                                               Issued in College Park, Georgia, on
                                                                                                                                                                   E.O. Executive order
                                                  Lists of Subjects in 14 CFR Part 71                        February 23, 2018.
                                                                                                                                                                   FR Federal Register
                                                                                                             Ryan W. Almasy,                                       NPRM Notice of proposed rulemaking
                                                   Airspace, Incorporation by reference,
                                                                                                             Manager, Operations Support Group, Eastern            Pub. L. Public Law
                                                  Navigation (air).
                                                                                                             Service Center, Air Traffic Organization.             § Section
                                                  The Proposed Amendment                                     [FR Doc. 2018–04326 Filed 3–2–18; 8:45 am]            U.S.C. United States Code
                                                                                                             BILLING CODE 4910–13–P
                                                                                                                                                                   COTP Captain of the Port
                                                    In consideration of the foregoing, the
                                                  Federal Aviation Administration                                                                                  II. Background, Purpose, and Legal
                                                  proposes to amend 14 CFR part 71 as                                                                              Basis
                                                  follows:                                                   DEPARTMENT OF HOMELAND
                                                                                                                                                                      On January 11, 2018, the Coast Guard
                                                                                                             SECURITY
                                                                                                                                                                   was notified by the City of Charleston
                                                  PART 71—DESIGNATION OF CLASS A,                                                                                  about the Cooper River Bridge 10–K
                                                  B, C, D, AND E AIRSPACE AREAS; AIR                         Coast Guard
                                                                                                                                                                   Run, which will be held on April 7,
                                                  TRAFFIC SERVICE ROUTES; AND                                                                                      2018, and will impact waters of the
                                                  REPORTING POINTS                                           33 CFR Part 165
                                                                                                                                                                   Cooper River and Town Creek Reaches
                                                                                                             [Docket Number USCG–2018–0032]                        in Charleston, South Carolina. The
                                                  ■ 1. The authority citation for part 71                                                                          purpose of this proposed rule is to
                                                                                                             RIN 1625–AA00
                                                  continues to read as follows:                                                                                    ensure the safety of the runners, the
                                                    Authority: 49 U.S.C. 106(f), 106(g); 40103,              Safety Zone; Cooper River Bridge Run,                 general public, and vessels on the
                                                  40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,               Cooper River, and Town Creek                          navigable waters during the scheduled
                                                  1959–1963 Comp., p. 389.                                   Reaches, Charleston, SC                               event.
                                                                                                                                                                      The Coast Guard is requesting that
                                                  § 71.1       [Amended]                                     AGENCY:    Coast Guard, DHS.                          interested parties provide comments
                                                  ■ 2. The incorporation by reference in                     ACTION:    Notice of proposed rulemaking.             within a shortened comment period of
                                                  14 CFR 71.1 of Federal Aviation                                                                                  15 days instead of a standard 30 days for
                                                                                                             SUMMARY:   The Coast Guard proposes to
                                                  Administration Order 7400.11B,                                                                                   this notice of proposed rulemaking.
                                                                                                             establish a safety zone on the waters of
                                                  Airspace Designations and Reporting                                                                                 The Coast Guard believes a shortened
                                                                                                             Cooper River and Town Creek Reaches
                                                  Points, dated August 3, 2017, and                                                                                comment period is necessary and
                                                                                                             in Charleston, South Carolina during the
                                                  effective September 15, 2017, is                                                                                 reasonable because the safety zone is
                                                                                                             Cooper River Bridge Run. The Cooper
                                                  amended as follows:                                                                                              necessary to ensure the safety of event
                                                                                                             River Bridge Run is a 10–K run across
                                                  Paragraph 5000         Class D Airspace.                   the Arthur Ravenel Bridge. The safety                 participants, the general public, vessels
                                                                                                             zone is necessary for the safety of the               and these navigable waters during the
                                                  *        *      *       *      *
                                                                                                             runners and the general public during                 race. Any delay in making this final rule
                                                  ASO NC D Jacksonville, NC [Amended]                                                                              effective by allowing comments for
                                                                                                             this event. This proposed rulemaking
                                                  New River MCAS, NC                                         would prohibit persons and vessels                    more than 15 days would not be in the
                                                     (Lat. 34°42′30″ N, long. 77°26′23″ W)                   from entering, transiting through,                    best interest of public safety.
                                                  Albert J. Ellis Airport, NC
                                                                                                             anchoring in, or remaining within the                    The Coast Guard proposes this
                                                     (Lat. 34°49′45″ N, long. 77°36′44″ W)                                                                         rulemaking under authority in 33 U.S.C.
                                                                                                             safety zone unless authorized by the
                                                     That airspace extending upward from the
                                                                                                             Captain of the Port Charleston or a                   1231.
                                                  surface to and including 2,500 feet MSL
                                                  within a 5-mile radius of New River MCAS,                  designated representative. We invite                  III. Discussion of Proposed Rule
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  and that airspace extending upward from the                your comments on this proposed                           The Coast Guard proposes to establish
                                                  surface to and including 2,600 feet MSL                    rulemaking.                                           a safety zone on the waters of the
                                                  within a 4.2-mile radius of Albert J. Ellis                DATES: Comments and related material                  Cooper River and Town Creek Reaches
                                                  Airport. This Class D airspace area is                     must be received by the Coast Guard on
                                                  effective during the specific days and times
                                                                                                                                                                   in Charleston, South Carolina from 7:30
                                                  established in advance by a Notice to
                                                                                                             or before March 20, 2018.                             a.m. to 10:30 a.m. on April 7, 2018,
                                                  Airmen. The effective days and times will                  ADDRESSES: You may submit comments                    during the Cooper River Bridge Run.
                                                  thereafter be continuously published in the                identified by docket number USCG–                     The duration of the zone is intended to
                                                  Chart Supplement.                                          2018–0032 using the Federal                           ensure the safety of event participants,


                                             VerDate Sep<11>2014      16:41 Mar 02, 2018   Jkt 244001   PO 00000   Frm 00008   Fmt 4702   Sfmt 4702   E:\FR\FM\05MRP1.SGM   05MRP1


                                                  9246                     Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules

                                                  the general public, vessels and these                   a substantial number of small entities.               between the Federal Government and
                                                  navigable waters during the race                        We have considered the impact of this                 Indian tribes, or on the distribution of
                                                  scheduled from 7:30 a.m. to 10:30 a.m.                  proposed rule on small entities. This                 power and responsibilities between the
                                                  Approximately 40,000 runners are                        rule may affect the following entities,               Federal Government and Indian tribes.
                                                  anticipated to participate in the race. No              some of which may be small entities:                  If you believe this proposed rule has
                                                  vessel or person would be permitted to                  the owner or operators of vessels                     implications for federalism or Indian
                                                  enter the safety zone without obtaining                 intending to enter, transit through,                  tribes, please contact the person
                                                  permission from the Captain of the Port                 anchor in, or remain within the
                                                  Charleston or a designated                              regulated area during the enforcement                 E. Unfunded Mandates Reform Act
                                                  representative. The regulatory text we                  period. For the reasons discussed in
                                                  are proposing appears at the end of this                Regulatory Planning and Review section                   The Unfunded Mandates Reform Act
                                                  document.                                               above, this rule will not have a                      of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                          significant economic impact on a                      Federal agencies to assess the effects of
                                                  IV. Regulatory Analyses                                                                                       their discretionary regulatory actions. In
                                                                                                          substantial number of small entities.
                                                    We developed this proposed rule after                    If you think that your business,                   particular, the Act addresses actions
                                                  considering numerous statutes and                       organization, or governmental                         that may result in the expenditure by a
                                                  executive orders related to rulemaking.                 jurisdiction qualifies as a small entity              State, local, or tribal government, in the
                                                  Below we summarize our analyses                         and that this rule would have a                       aggregate, or by the private sector of
                                                  based on a number of these statutes and                 significant economic impact on it,                    $100,000,000 (adjusted for inflation) or
                                                  executive orders.                                       please submit a comment (see                          more in any one year. Though this
                                                                                                          ADDRESSES) explaining why you think it                proposed rule would not result in such
                                                  A. Regulatory Planning and Review
                                                                                                          qualifies and how and to what degree                  an expenditure, we do discuss the
                                                     Executive Orders 12866 and 13563                     this rule would economically affect it.               effects of this rule elsewhere in this
                                                  direct agencies to assess the costs and                    Under section 213(a) of the Small
                                                  benefits of available regulatory                                                                              preamble.
                                                                                                          Business Regulatory Enforcement
                                                  alternatives and, if regulation is                      Fairness Act of 1996 (Pub. L. 104–121),               F. Environment
                                                  necessary, to select regulatory                         we want to assist small entities in
                                                  approaches that maximize net benefits.                  understanding this proposed rule. If the                 We have analyzed this proposed rule
                                                  Executive Order 13771 directs agencies                  rule would affect your small business,                under Department of Homeland
                                                  to control regulatory costs through a                   organization, or governmental                         Security Directive 023–01, which guides
                                                  budgeting process. This NPRM has not                    jurisdiction and you have questions                   the Coast Guard in complying with the
                                                  been designated a ‘‘significant                         concerning its provisions or options for              National Environmental Policy Act of
                                                  regulatory action,’’ under Executive                    compliance, please contact the person                 1969 (42 U.S.C. 4321–4370f), and have
                                                  Order 12866. Accordingly, the NPRM                      listed in the FOR FURTHER INFORMATION                 made a preliminary determination that
                                                  has not been reviewed by the Office of                  CONTACT section. The Coast Guard will                 this action is one of a category of actions
                                                  Management and Budget (OMB), and                        not retaliate against small entities that             that do not individually or cumulatively
                                                  pursuant to OMB guidance it is exempt                   question or complain about this                       have a significant effect on the human
                                                  from the requirements of Executive                      proposed rule or any policy or action of              environment. This proposed rule
                                                  Order 13771.                                            the Coast Guard.                                      involves a safety zone prohibiting vessel
                                                     This regulatory action determination
                                                                                                          C. Collection of Information                          traffic from a limited area surrounding
                                                  is based on: (1) The safety zone will
                                                                                                                                                                the Cooper River Bridge on the waters
                                                  only be enforced for a total of three                     This proposed rule would not call for
                                                                                                                                                                of the Cooper River and Town Creek
                                                  hours; (2) although persons and vessels                 a new collection of information under
                                                  may not enter, transit through, anchor                                                                        Reaches for a 3 hour period. Normally
                                                                                                          the Paperwork Reduction Act of 1995
                                                  in, or remain within the safety zone                                                                          such actions are categorically excluded
                                                                                                          (44 U.S.C. 3501–3520).
                                                  without authorization from the Captain                                                                        from further review under paragraph
                                                  of the Port Charleston or a designated                  D. Federalism and Indian Tribal                       L60 of Appendix A, Table 1 of DHS
                                                  representative, they may operate in the                 Governments                                           Instruction Manual 023–01–001–01,
                                                  surrounding area during the                                A rule has implications for federalism             Rev. 01. A preliminary Record of
                                                  enforcement period; and (3) the Coast                   under Executive Order 13132,                          Environmental Consideration
                                                  Guard will provide advance notification                 Federalism, if it has a substantial direct            supporting this determination is
                                                  of the safety zone to the local maritime                effect on the States, on the relationship             available in the docket where indicated
                                                  community by Local Notice to Mariners                   between the national government and                   under ADDRESSES. We seek any
                                                  and Broadcast Notice to Mariners.                       the States, or on the distribution of                 comments or information that may lead
                                                                                                          power and responsibilities among the                  to the discovery of a significant
                                                  B. Impact on Small Entities                             various levels of government. We have                 environmental impact from this
                                                     The Regulatory Flexibility Act of                    analyzed this proposed rule under that                proposed rule.
                                                  1980, (5 U.S.C. 601–612), as amended                    Order and have determined that it is
                                                  requires Federal agencies to consider                   consistent with the fundamental                       G. Protest Activities
                                                  the potential impact of regulations on                  federalism principles and preemption
                                                  ‘‘small entities’’ comprises small                                                                              The Coast Guard respects the First
                                                                                                          requirements described in Executive
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  businesses, not-for-profit organizations                                                                      Amendment rights of protesters.
                                                                                                          Order 13132.
                                                  that are independently owned and                           Also, this proposed rule does not have             Protesters are asked to contact the
                                                  operated and are not dominant in their                  tribal implications under Executive                   person listed in the FOR FURTHER
                                                  fields, and governmental jurisdictions                  Order 13175, Consultation and                         INFORMATION CONTACT section to
                                                  with populations of less than 50,000.                   Coordination with Indian Tribal                       coordinate protest activities so that your
                                                  The Coast Guard certifies under 5 U.S.C.                Governments, because it would not have                message can be received without
                                                  605(b) that this proposed rule would not                a substantial direct effect on one or                 jeopardizing the safety or security of
                                                  have a significant economic impact on                   more Indian tribes, on the relationship               people, places, or vessels.


                                             VerDate Sep<11>2014   16:41 Mar 02, 2018   Jkt 244001   PO 00000   Frm 00009   Fmt 4702   Sfmt 4702   E:\FR\FM\05MRP1.SGM   05MRP1


                                                                           Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules                                             9247

                                                  V. Public Participation and Request for                 points: beginning at 32°48′32″ N,                     DEPARTMENT OF HOMELAND
                                                  Comments                                                079°56′08″ W, thence east to 32°48′20″                SECURITY
                                                     We view public participation as                      N, 079°54′20″ W, thence south to
                                                                                                          32°47′20″ N, 079°54′29″ W, thence west                Coast Guard
                                                  essential to effective rulemaking, and
                                                  will consider all comments and material                 to 32°47′20″ N, 079°55′28″ W, thence
                                                                                                          north to origin. All coordinates are                  33 CFR Part 165
                                                  received during the comment period.
                                                  Your comment can help shape the                         North American Datum 1983.
                                                  outcome of this rulemaking. If you                                                                            [Docket Number USCG–2018–0081]
                                                                                                             (b) Definition. The term ‘‘designated
                                                  submit a comment, please include the                    representative’’ means Coast Guard
                                                  docket number for this rulemaking,                      Patrol Commanders, including Coast                    RIN 1625–AA00
                                                  indicate the specific section of this                   Guard coxswains, petty officers, and
                                                  document to which each comment                                                                                Safety Zone; Xterra Swim, Intracoastal
                                                                                                          other officers operating Coast Guard
                                                  applies, and provide a reason for each                                                                        Waterway; Myrtle Beach, SC
                                                                                                          vessels, and Federal, state, and local
                                                  suggestion or recommendation.                           officers designated by or assisting the
                                                     We encourage you to submit                                                                                 AGENCY:    Coast Guard, DHS.
                                                                                                          Captain of the Port Charleston in the
                                                  comments through the Federal                                                                                  ACTION:   Notice of proposed rulemaking.
                                                                                                          enforcement of the regulated areas.
                                                  eRulemaking Portal at http://
                                                  www.regulations.gov. If your material                      (c) Regulations.                                   SUMMARY:   The Coast Guard proposes to
                                                  cannot be submitted using http://                          (1) All persons and vessels are                    establish a temporary safety zone on
                                                  www.regulations.gov, contact the person                 prohibited from entering, transiting                  certain waters of the Atlantic
                                                  in the FOR FURTHER INFORMATION                          through, anchoring in, or remaining                   Intracoastal Waterway in Myrtle Beach,
                                                  CONTACT section of this document for                    within the regulated area unless                      South Carolina. This proposed safety
                                                  alternate instructions.                                                                                       zone is necessary to provide for the
                                                                                                          authorized by the Captain of the Port
                                                     We accept anonymous comments. All                                                                          safety of the swimmers, participant
                                                                                                          Charleston or a designated
                                                  comments received will be posted                                                                              vessels, spectators, and the general
                                                                                                          representative.
                                                  without change to http://                                                                                     public during the swim portion of the
                                                  www.regulations.gov and will include                       (2) Persons and vessels desiring to                Xterra Triathlon. This rule is intended
                                                  any personal information you have                       enter, transit through, or remain within              to prohibit non-participant vessels and
                                                  provided. For more about privacy and                    the regulated area may contact the                    persons from entering, transiting
                                                  the docket, visit http://                               Captain of the Port Charleston by                     through, anchoring in, or remaining
                                                  www.regulations.gov/privacyNotice.                      telephone at 843–740–7050, or a                       within the safety zone unless authorized
                                                     Documents mentioned in this NPRM                     designated representative via VHF radio               by the Captain of the Port Charleston or
                                                  as being available in the docket, and all               on channel 16, to request authorization.              a designated representative. We invite
                                                  public comments, will be in our online                  If authorization to enter, transit through,           your comments on this proposed
                                                  docket at http://www.regulations.gov                    or remain within the regulated area is                rulemaking.
                                                  and can be viewed by following that                     granted by the Captain of the Port                    DATES: Comments and related material
                                                  website’s instructions. Additionally, if                Charleston or a designated                            must be received by the Coast Guard on
                                                  you go to the online docket and sign up                 representative, all persons and vessels               or before April 4, 2018.
                                                  for email alerts, you will be notified                  receiving such authorization must
                                                  when comments are posted or a final                                                                           ADDRESSES:   You may submit comments
                                                                                                          comply with the instructions of the
                                                  rule is published.                                                                                            identified by docket number USCG–
                                                                                                          Captain of the Port Charleston or a
                                                                                                                                                                2018–0081 using the Federal
                                                  List of Subjects in 33 CFR Part 165                     designated representative.
                                                                                                                                                                eRulemaking Portal at http://
                                                    Harbors, Marine safety, Navigation                       (3) The Coast Guard will provide                   www.regulations.gov. See the ‘‘Public
                                                  (water), Reporting and recordkeeping                    notice of the regulated area by Local                 Participation and Request for
                                                  requirements, Security measures,                        Notice to Mariners, Broadcast Notice to               Comments’’ portion of the
                                                  Waterways.                                              Mariners, and on-scene designated                     SUPPLEMENTARY INFORMATION section for
                                                    For the reasons discussed in the                      representatives.                                      further instructions on submitting
                                                  preamble, the Coast Guard proposes to                      (d) Enforcement Period. This                       comments.
                                                  amend 33 CFR part 165 as follows:                       proposed rule will be enforced from                   FOR FURTHER INFORMATION CONTACT:    If
                                                                                                          7:30 a.m. until 10:30 a.m. on April 7,                you have questions about this proposed
                                                  PART 165—SAFETY OF LIFE ON                              2018.                                                 rulemaking, call or email Lieutenant
                                                  NAVIGABLE WATERS                                                                                              Justin Heck, Sector Charleston Office of
                                                                                                            Dated: February 27, 2018.
                                                  ■ 1. The authority citation for part 165                John W. Reed,
                                                                                                                                                                Waterways Management, Coast Guard;
                                                  continues to read as follows:                                                                                 telephone (843) 740–3184, email
                                                                                                          Captain, U.S. Coast Guard, Captain of the             Justin.C.Heck@uscg.mil.
                                                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191,             Port Charleston.
                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and               [FR Doc. 2018–04367 Filed 3–2–18; 8:45 am]            SUPPLEMENTARY INFORMATION:
                                                  Department of Homeland Security Delegation              BILLING CODE 9110–04–P                                I. Table of Abbreviations
                                                  No. 0170.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                                                                                CFR Code of Federal Regulations
                                                  ■ 2. Add a temporary § 165.35T07–0032                                                                         DHS Department of Homeland Security
                                                  to read as follows:                                                                                           E.O. Executive Order
                                                  § 165.T07–0032 Safety Zone; Cooper River                                                                      FR Federal Register
                                                  Bridge Run, Charleston SC.                                                                                    NPRM Notice of Proposed Rulemaking
                                                                                                                                                                Pub. L. Public Law
                                                    (a) Location. All waters of the Cooper                                                                      § Section
                                                  River, and Town Creek Reaches                                                                                 U.S.C. United States Code
                                                  encompassed within the following                                                                              COTP Captain of the Port



                                             VerDate Sep<11>2014   19:33 Mar 02, 2018   Jkt 244001   PO 00000   Frm 00010   Fmt 4702   Sfmt 4702   E:\FR\FM\05MRP1.SGM   05MRP1



Document Created: 2018-03-03 02:46:06
Document Modified: 2018-03-03 02:46:06
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 March 20, 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 9245 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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