83 FR 9247 - Safety Zone; Xterra Swim, Intracoastal Waterway; Myrtle Beach, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range		9247-9249
FR Document		2018-04368

The Coast Guard proposes to establish a temporary safety zone on certain waters of the Atlantic Intracoastal Waterway in Myrtle Beach, South Carolina. This proposed safety zone is necessary to provide for the safety of the swimmers, participant vessels, spectators, and the general public during the swim portion of the Xterra Triathlon. This rule is intended to prohibit non-participant vessels and persons 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 9247-9249]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04368]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0081]
RIN 1625-AA00


Safety Zone; Xterra Swim, Intracoastal Waterway; Myrtle Beach, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on certain waters of the Atlantic Intracoastal Waterway in Myrtle 
Beach, South Carolina. This proposed safety zone is necessary to 
provide for the safety of the swimmers, participant vessels, 
spectators, and the general public during the swim portion of the 
Xterra Triathlon. This rule is intended to prohibit non-participant 
vessels and persons 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 April 4, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0081 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

[[Page 9248]]

II. Background, Purpose, and Legal Basis

    On January 22, 2018, Go Race Productions notified the Coast Guard 
that it would be sponsoring the Xterra Myrtle Beach Triathlon from 8 
a.m. to 9 a.m. on April 22, 2018. Approximately 75 swimmers are 
anticipated to participate in the swim portion of the event, which is 
located on certain waters of the Atlantic Intracoastal Waterway in 
Myrtle Beach, South Carolina. The Captain of the Port Charleston (COTP) 
has determined that the potential hazards associated with the swim 
portion of the Triathlon constitute a safety concern for anyone within 
the proposed safety zone. The purpose of this rulemaking is to ensure 
safety of life on the navigable water of the United States during the 
event. The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1231.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary safety zone on 
the Atlantic Intracoastal Waterway in Myrtle Beach, South Carolina 
during the Xterra Myrtle Beach Triathlon, on April 22, 2018. The 
duration of the safety zone is intended to ensure the safety of life on 
the navigable waters of the Intracoastal before, during, and after the 
scheduled 8 a.m. to 9 a.m. swim portion of the Triathlon. Approximately 
75 participants are expected to participate in the swim portion of the 
race. No vessel or person would be permitted to enter, transit through, 
anchor in, or remain within the safety zone without obtaining 
permission from the COTP or a designated representative. The Coast 
Guard will provide notice of the safety zone by Local Notice to 
Mariners, Broadcast Notice to Mariners, and on-scene designated 
representatives. The proposed regulatory text appears at the end of 
this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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.
    The economic impact of this rule is not significant for the 
following reasons: (1) The safety zone will only be enforced for one 
hour; (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'' comprised of small businesses and 
not-for-profit organizations that are independently owned and operated 
and are not dominant in their fields, and governmental jurisdictions 
with populations of less than 50,000. The Coast Guard certifies under 5 
U.S.C. 605(b) that this proposed rule would not have a significant 
economic impact on a substantial number of small entities.
    We have considered the impact of this proposed rule on small 
entities. This rule may affect the following entities, some of which 
may be small entities: The owner or operators of vessels intending to 
enter, transit through, anchor in, or remain within the regulated area 
during the enforcement period. For the reasons stated in section IV.A. 
above, this proposed rule would not have a significant economic impact 
on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 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 above.

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,

[[Page 9249]]

which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a 
temporary safety zone with a two-hour enforcement period that would 
prohibit entry to certain waters of the Atlantic Intracoastal Waterway 
during the swim portion of a Triathlon. 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--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. 
0170.1.

0
2. Add a temporary Sec.  165. T07-0081 to read as follows:


Sec.  165.T07-0081  Safety Zone; Xterra Swim, Myrtle Beach SC

    (a) Location. The following is a safety zone: Certain waters of the 
Atlantic Intracoastal Waterway within the following two points of 
position and the North shore: 33[deg]45'03'' N, 78[deg]50'47'' W to 
33[deg]45'18'' N, 78[deg]50'14'' W, located in Myrtle Beach, South 
Carolina. 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, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Charleston by telephone at 843-740-7050, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port Charleston or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Period. This rule will be enforced on from 7:30 
a.m. until 9:30 a.m. on April 22, 2018.

    Dated: February 20, 2018.
John W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2018-04368 Filed 3-2-18; 8:45 am]
 BILLING CODE 9110-04-P

9248 Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules

II. Background, Purpose, and Legal been designated a ‘‘significant organization, or governmental
Basis regulatory action,’’ under Executive jurisdiction and you have questions
On January 22, 2018, Go Race Order 12866. Accordingly, the NPRM concerning its provisions or options for
Productions notified the Coast Guard has not been reviewed by the Office of compliance, please contact the person
that it would be sponsoring the Xterra Management and Budget (OMB), and listed in the FOR FURTHER INFORMATION
Myrtle Beach Triathlon from 8 a.m. to pursuant to OMB guidance it is exempt CONTACT section. The Coast Guard will
9 a.m. on April 22, 2018. Approximately from the requirements of Executive not retaliate against small entities that
75 swimmers are anticipated to Order 13771. question or complain about this
participate in the swim portion of the The economic impact of this rule is proposed rule or any policy or action of
event, which is located on certain not significant for the following reasons: the Coast Guard.
waters of the Atlantic Intracoastal (1) The safety zone will only be
enforced for one hour; (2) although C. Collection of Information
Waterway in Myrtle Beach, South
Carolina. The Captain of the Port persons and vessels may not enter, This proposed rule would not call for
Charleston (COTP) has determined that transit through, anchor in, or remain a new collection of information under
the potential hazards associated with within the safety zone without the Paperwork Reduction Act of 1995
the swim portion of the Triathlon authorization from the Captain of the (44 U.S.C. 3501–3520).
constitute a safety concern for anyone Port Charleston or a designated
representative, they may operate in the D. Federalism and Indian Tribal
within the proposed safety zone. The Governments
purpose of this rulemaking is to ensure surrounding area during the
enforcement period; and (3) the Coast A rule has implications for federalism
safety of life on the navigable water of
Guard will provide advance notification under Executive Order 13132,
the United States during the event. The
of the safety zone to the local maritime Federalism, if it has a substantial direct
Coast Guard proposes this rulemaking
community by Local Notice to Mariners effect on the States, on the relationship
under authority in 33 U.S.C. 1231.
and Broadcast Notice to Mariners. between the national government and
III. Discussion of Proposed Rule the States, or on the distribution of
B. Impact on Small Entities
The Coast Guard proposes to establish power and responsibilities among the
a temporary safety zone on the Atlantic The Regulatory Flexibility Act of various levels of government. We have
Intracoastal Waterway in Myrtle Beach, 1980, 5 U.S.C. 601–612, as amended, analyzed this proposed rule under that
South Carolina during the Xterra Myrtle requires Federal agencies to consider Order and have determined that it is
Beach Triathlon, on April 22, 2018. The the potential impact of regulations on consistent with the fundamental
duration of the safety zone is intended ‘‘small entities’’ comprised of small federalism principles and preemption
to ensure the safety of life on the businesses and not-for-profit requirements described in E.O. 13132.
navigable waters of the Intracoastal organizations that are independently Also, this proposed rule does not have
before, during, and after the scheduled owned and operated and are not tribal implications under Executive
8 a.m. to 9 a.m. swim portion of the dominant in their fields, and Order 13175, Consultation and
Triathlon. Approximately 75 governmental jurisdictions with Coordination with Indian Tribal
participants are expected to participate populations of less than 50,000. The Governments, because it would not have
in the swim portion of the race. No Coast Guard certifies under 5 U.S.C. a substantial direct effect on one or
vessel or person would be permitted to 605(b) that this proposed rule would not more Indian tribes, on the relationship
enter, transit through, anchor in, or have a significant economic impact on between the Federal Government and
remain within the safety zone without a substantial number of small entities. Indian tribes, or on the distribution of
obtaining permission from the COTP or We have considered the impact of this power and responsibilities between the
a designated representative. The Coast proposed rule on small entities. This Federal Government and Indian tribes.
Guard will provide notice of the safety rule may affect the following entities, If you believe this proposed rule has
zone by Local Notice to Mariners, some of which may be small entities: implications for federalism or Indian
Broadcast Notice to Mariners, and on- The owner or operators of vessels tribes, please contact the person listed
scene designated representatives. The intending to enter, transit through, in the FOR FURTHER INFORMATION
proposed regulatory text appears at the anchor in, or remain within the CONTACT section above.
end of this document. regulated area during the enforcement
period. For the reasons stated in section E. Unfunded Mandates Reform Act
IV. Regulatory Analyses IV.A. above, this proposed rule would The Unfunded Mandates Reform Act
We developed this proposed rule after not have a significant economic impact of 1995 (2 U.S.C. 1531–1538) requires
considering numerous statutes and on a substantial number of small Federal agencies to assess the effects of
executive orders related to rulemaking. entities. their discretionary regulatory actions. In
Below we summarize our analyses If you think that your business, particular, the Act addresses actions
based on a number of these statutes and organization, or governmental that may result in the expenditure by a
executive orders and we discuss First jurisdiction qualifies as a small entity State, local, or tribal government, in the
Amendment rights of protestors. and that this rule would have a aggregate, or by the private sector of
significant economic impact on it, $100,000,000 (adjusted for inflation) or
A. Regulatory Planning and Review please submit a comment (see more in any one year. Though this
Executive Orders 12866 and 13563 ADDRESSES) explaining why you think it
sradovich on DSK3GMQ082PROD with PROPOSALS

proposed rule would not result in such
direct agencies to assess the costs and qualifies and how and to what degree an expenditure, we do discuss the
benefits of available regulatory this rule would economically affect it. effects of this rule elsewhere in this
alternatives and, if regulation is Under section 213(a) of the Small preamble.
necessary, to select regulatory Business Regulatory Enforcement
approaches that maximize net benefits. Fairness Act of 1996 (Pub. L. 104–121), F. Environment
Executive Order 13771 directs agencies we want to assist small entities in We have analyzed this proposed rule
to control regulatory costs through a understanding this proposed rule. If the under Department of Homeland
budgeting process. This NPRM has not rule would affect your small business, Security Management Directive 023–01,

VerDate Sep<11>2014 16:41 Mar 02, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\05MRP1.SGM 05MRP1

Document Created: 2018-03-03 02:45:47
Document Modified: 2018-03-03 02:45:47

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before April 4, 2018.
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]
FR Citation		83 FR 9247
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 9247 - Safety Zone; Xterra Swim, Intracoastal Waterway; Myrtle Beach, SC

DEPARTMENT OF HOMELAND SECURITYCoast Guard

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

DEPARTMENT OF HOMELAND SECURITY
Coast Guard