83_FR_9292 83 FR 9249 - Safety Zone; Charleston Race Week, Charleston Harbor, Charleston, SC

83 FR 9249 - Safety Zone; Charleston Race Week, Charleston Harbor, Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range9249-9252
FR Document2018-04366

The Coast Guard proposes to establish a temporary safety zone on the waters of the Charleston Harbor in Charleston, South Carolina during Charleston Race Week. Charleston Race Week is a series of sail boat races throughout Charleston Harbor. The safety zone is necessary to ensure the safety of participants, spectators, and the general public during the event. This regulation prohibits persons and vessels from entering, transiting through, anchoring in, or remaining within the safety zones unless authorized by the Captain of the Port Charleston or a designated representative.

Federal Register, Volume 83 Issue 43 (Monday, March 5, 2018)
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Proposed Rules]
[Pages 9249-9252]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04366]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0056]
RIN 1625-AA00


Safety Zone; Charleston Race Week, Charleston Harbor, Charleston, 
SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the waters of the Charleston Harbor in Charleston, South Carolina 
during Charleston Race Week. Charleston Race Week is a series of sail 
boat races throughout Charleston Harbor. The safety zone is necessary 
to ensure the safety of participants, spectators, and the general 
public during the event. This regulation prohibits persons and vessels 
from entering, transiting through, anchoring in, or remaining within 
the safety zones unless authorized by the Captain of the Port 
Charleston or a designated representative.

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-
2018-0056 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the

[[Page 9250]]

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 14, 2018, the Charleston Ocean Racing Association 
notified the Coast Guard that it will be sponsoring a series of 
sailboat races from 9 a.m. until 5 p.m., on April 12, 2018 through 
April 15, 2018. The purpose of the rule is to ensure the safety of the 
event participants, the general public, vessels and the navigable 
waters during Charleston Race Week.
    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 legal basis for the proposed rule is the Coast Guard's 
authority to establish regulated safety zones and other limited access 
areas is 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a safety zone on the waters 
of the Charleston Harbor in Charleston, South Carolina during 
Charleston Race Week. The races are scheduled to take place from 9 a.m. 
to 5 p.m., on April 12, 2018, through April 15, 2018. Approximately 250 
sailboats are anticipated to participate in the races, and 
approximately 30 spectator vessels are expected to attend the event. 
Persons and vessels desiring to enter, transit through, anchor in, or 
remain within the safety zone 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 safety zone 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. The Coast Guard 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.

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) 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 (2) the Coast 
Guard will provide advance notification of the safety zone to the local 
maritime community by Local Notice to Mariners and Broadcast Notice to 
Mariners

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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

[[Page 9251]]

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 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 that will prohibit persons and vessels from 
entering, transiting through, anchoring in, or remaining within a 
limited area on the waters of the Charleston Harbor. 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.

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.T07-0056 to read as follows:


Sec.  165.T07-0056  Safety Zone; Charleston Race Week, Charleston 
Harbor, Charleston, SC.

    (a) Location. The rule consists of the following four race areas.
    (1) Race Area #1. All waters of the Charleston Harbor encompassed 
within a 700 yard radius of position 32[deg]46'10'' N, 079[deg]55'15'' 
W.
    (2) Race Area #2. All waters of the Charleston Harbor encompassed 
within a 700 yard radius of position 32[deg]46'02'' N, 079[deg]54'15'' 
W.
    (3) Race Area #3. All waters of the Charleston Harbor encompassed 
within a 700 yard radius of position 32[deg]45'55'' N, 079[deg]53'39'' 
W.
    (4) Race Area #4. All waters of the Charleston Harbor encompassed 
within a 600 yard radius of position 32[deg]47'40'' N, 079[deg]55'10'' 
W.
    (5) Race Area #5. All waters of the Charleston Harbor and Entrance 
Channel encompassed within a 500 yard radius of position 32[deg]45'34'' 
N, 79[deg]52'09'' W continuing to Charleston Entrance Channel Buoys 
Green 11 (LLN 2395.5) and Red 12 (LLN 2400).
    (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 rule will be enforced from 9 a.m. 
until 5 p.m., on April 12, 2018, through April 15, 2018.


[[Page 9252]]


    Dated: February 27, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2018-04366 Filed 3-2-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                           Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules                                                   9249

                                                  which guide the Coast Guard in                          the docket, visit http://                             authorization. If authorization to enter,
                                                  complying with the National                             www.regulations.gov/privacyNotice.                    transit through, anchor in, or remain
                                                  Environmental Policy Act of 1969 (42                      Documents mentioned in this NPRM                    within the regulated area is granted by
                                                  U.S.C. 4321–4370f), and have made a                     as being available in the docket, and all             the Captain of the Port Charleston or a
                                                  preliminary determination that this                     public comments, will be in our online                designated representative, all persons
                                                  action is one of a category of actions that             docket at http://www.regulations.gov                  and vessels receiving such authorization
                                                  do not individually or cumulatively                     and can be viewed by following that                   must comply with the instructions of
                                                  have a significant effect on the human                  website’s instructions. Additionally, if              the Captain of the Port Charleston or a
                                                  environment. This proposed rule                         you go to the online docket and sign up               designated representative.
                                                  involves a temporary safety zone with a                 for email alerts, you will be notified                   (3) The Coast Guard will provide
                                                  two-hour enforcement period that                        when comments are posted or a final                   notice of the regulated area by Local
                                                  would prohibit entry to certain waters of               rule is published.                                    Notice to Mariners, Broadcast Notice to
                                                  the Atlantic Intracoastal Waterway                      List of Subjects in 33 CFR Part 165                   Mariners, and on-scene designated
                                                  during the swim portion of a Triathlon.                                                                       representatives.
                                                  Normally such actions are categorically                   Harbors, Marine safety, Navigation                     (d) Enforcement Period. This rule will
                                                  excluded from further review under                      (water), Reporting and recordkeeping                  be enforced on from 7:30 a.m. until 9:30
                                                  paragraph L 60(a) of Appendix A, Table                  requirements, Security measures,                      a.m. on April 22, 2018.
                                                  1 of DHS Instruction Manual 023–01–                     Waterways.
                                                                                                                                                                  Dated: February 20, 2018.
                                                  001–01, Rev. 01. A preliminary Record                     For the reasons discussed in the
                                                                                                                                                                John W. Reed,
                                                  of Environmental Consideration                          preamble, the Coast Guard proposes to
                                                                                                                                                                Captain, U.S. Coast Guard, Captain of the
                                                  supporting this determination is                        amend 33 CFR part 165 as follows:
                                                                                                                                                                Port Charleston.
                                                  available in the docket where indicated
                                                                                                          PART 165—SAFETY OF LIFE ON                            [FR Doc. 2018–04368 Filed 3–2–18; 8:45 am]
                                                  under ADDRESSES. We seek any
                                                  comments or information that may lead                   NAVIGABLE WATERS                                      BILLING CODE 9110–04–P

                                                  to the discovery of a significant
                                                                                                          ■ 1. The authority citation for part 165
                                                  environmental impact from this                                                                                DEPARTMENT OF HOMELAND
                                                                                                          continues to read as follows:
                                                  proposed rule.                                                                                                SECURITY
                                                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191,
                                                  G. Protest Activities                                   33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and
                                                                                                          Department of Homeland Security Delegation            Coast Guard
                                                    The Coast Guard respects the First
                                                                                                          No. 0170.1.
                                                  Amendment rights of protesters.                                                                               33 CFR Part 165
                                                  Protesters are asked to contact the                     ■ 2. Add a temporary § 165. T07–0081
                                                  person listed in the FOR FURTHER                        to read as follows:                                   [Docket Number USCG–2018–0056]
                                                  INFORMATION CONTACT section to                                                                                RIN 1625–AA00
                                                                                                          § 165.T07–0081 Safety Zone; Xterra Swim,
                                                  coordinate protest activities so that your              Myrtle Beach SC
                                                  message can be received without                           (a) Location. The following is a safety             Safety Zone; Charleston Race Week,
                                                  jeopardizing the safety or security of                  zone: Certain waters of the Atlantic                  Charleston Harbor, Charleston, SC
                                                  people, places, or vessels.                             Intracoastal Waterway within the                      AGENCY:   Coast Guard, DHS.
                                                  V. Public Participation and Request for                 following two points of position and the              ACTION:   Notice of proposed rulemaking.
                                                  Comments                                                North shore: 33°45′03″ N, 78°50′47″ W
                                                                                                          to 33°45′18″ N, 78°50′14″ W, located in               SUMMARY:   The Coast Guard proposes to
                                                     We view public participation as                      Myrtle Beach, South Carolina. All
                                                  essential to effective rulemaking, and                                                                        establish a temporary safety zone on the
                                                                                                          coordinates are North American Datum                  waters of the Charleston Harbor in
                                                  will consider all comments and material                 1983.
                                                  received during the comment period.                                                                           Charleston, South Carolina during
                                                                                                            (b) Definition. The term ‘‘designated               Charleston Race Week. Charleston Race
                                                  Your comment can help shape the                         representative’’ means Coast Guard
                                                  outcome of this rulemaking. If you                                                                            Week is a series of sail boat races
                                                                                                          Patrol Commanders, including Coast                    throughout Charleston Harbor. The
                                                  submit a comment, please include the                    Guard coxswains, petty officers, and
                                                  docket number for this rulemaking,                                                                            safety zone is necessary to ensure the
                                                                                                          other officers operating Coast Guard                  safety of participants, spectators, and
                                                  indicate the specific section of this                   vessels, and Federal, state, and local
                                                  document to which each comment                                                                                the general public during the event.
                                                                                                          officers designated by or assisting the               This regulation prohibits persons and
                                                  applies, and provide a reason for each                  Captain of the Port Charleston in the
                                                  suggestion or recommendation.                                                                                 vessels from entering, transiting
                                                                                                          enforcement of the regulated areas.                   through, anchoring in, or remaining
                                                     We encourage you to submit                             (c) Regulations.                                    within the safety zones unless
                                                  comments through the Federal                              (1) All persons and vessels are                     authorized by the Captain of the Port
                                                  eRulemaking Portal at http://                           prohibited from entering, transiting                  Charleston or a designated
                                                  www.regulations.gov. If your material                   through, anchoring in, or remaining                   representative.
                                                  cannot be submitted using http://                       within the regulated area unless
                                                  www.regulations.gov, contact the person                 authorized by the Captain of the Port                 DATES:  Comments and related material
                                                  in the FOR FURTHER INFORMATION                          Charleston or a designated                            must be received by the Coast Guard on
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  CONTACT section of this document for                    representative.                                       or before March 20, 2018.
                                                  alternate instructions.                                   (2) Persons and vessels desiring to                 ADDRESSES: You may submit comments
                                                     We accept anonymous comments. All                    enter, transit through, anchor in, or                 identified by docket number USCG–
                                                  comments received will be posted                        remain within the regulated area may                  2018–0056 using the Federal
                                                  without change to http://                               contact the Captain of the Port                       eRulemaking Portal at http://
                                                  www.regulations.gov and will include                    Charleston by telephone at 843–740–                   www.regulations.gov. See the ‘‘Public
                                                  any personal information you have                       7050, or a designated representative via              Participation and Request for
                                                  provided. For more about privacy and                    VHF radio on channel 16, to request                   Comments’’ portion of the


                                             VerDate Sep<11>2014   16:41 Mar 02, 2018   Jkt 244001   PO 00000   Frm 00012   Fmt 4702   Sfmt 4702   E:\FR\FM\05MRP1.SGM   05MRP1


                                                  9250                     Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules

                                                  SUPPLEMENTARY INFORMATION section for                   through, anchor in, or remain within the              that are independently owned and
                                                  further instructions on submitting                      safety zone may contact the Captain of                operated and are not dominant in their
                                                  comments.                                               the Port Charleston by telephone at                   fields, and governmental jurisdictions
                                                  FOR FURTHER INFORMATION CONTACT:    If                  (843) 740–7050, or a designated                       with populations of less than 50,000.
                                                  you have questions about this proposed                  representative via VHF radio on channel               The Coast Guard certifies under 5 U.S.C.
                                                  rulemaking, call or email Lieutenant                    16 to request authorization. If                       605(b) that this proposed rule would not
                                                  Justin Heck, Sector Charleston Office of                authorization to enter, transit through,              have a significant economic impact on
                                                  Waterways Management, Coast Guard;                      anchor in, or remain within the safety                a substantial number of small entities.
                                                                                                          zone is granted by the Captain of the                    While some owners or operators of
                                                  telephone (843) 740–3184, email
                                                                                                          Port Charleston or a designated                       vessels intending to transit the safety
                                                  Justin.C.Heck@uscg.mil.
                                                                                                          representative, all persons and vessels               zone may be small entities, for the
                                                  SUPPLEMENTARY INFORMATION:                                                                                    reasons stated in section IV.A above,
                                                                                                          receiving such authorization must
                                                  I. Table of Abbreviations                               comply with the instructions of the                   this proposed rule would not have a
                                                                                                          Captain of the Port Charleston or a                   significant economic impact on any
                                                  CFR Code of Federal Regulations
                                                                                                          designated representative. The Coast                  vessel owner or operator.
                                                  DHS Department of Homeland Security
                                                  E.O. Executive Order                                    Guard will provide notice of the safety                  If you think that your business,
                                                  FR Federal Register                                     zone by Local Notice to Mariners,                     organization, or governmental
                                                  NPRM Notice of Proposed Rulemaking                      Broadcast Notice to Mariners, and on-                 jurisdiction qualifies as a small entity
                                                  Pub. L. Public Law                                      scene designated representatives.                     and that this rule would have a
                                                  § Section                                                                                                     significant economic impact on it,
                                                  U.S.C. United States Code                               IV. Regulatory Analyses                               please submit a comment (see
                                                  COTP Captain of the Port                                  We developed this proposed rule after               ADDRESSES) explaining why you think it
                                                  II. Background, Purpose, and Legal                      considering numerous statutes and                     qualifies and how and to what degree
                                                  Basis                                                   executive orders related to rulemaking.               this rule would economically affect it.
                                                                                                          Below we summarize our analyses                          Under section 213(a) of the Small
                                                     On January 14, 2018, the Charleston                  based on a number of these statutes and               Business Regulatory Enforcement
                                                  Ocean Racing Association notified the                   executive orders.                                     Fairness Act of 1996 (Pub. L. 104–121),
                                                  Coast Guard that it will be sponsoring                                                                        we want to assist small entities in
                                                  a series of sailboat races from 9 a.m.                  A. Regulatory Planning and Review
                                                                                                                                                                understanding this proposed rule. If the
                                                  until 5 p.m., on April 12, 2018 through                    Executive Orders 12866 and 13563                   rule would affect your small business,
                                                  April 15, 2018. The purpose of the rule                 direct agencies to assess the costs and               organization, or governmental
                                                  is to ensure the safety of the event                    benefits of available regulatory                      jurisdiction and you have questions
                                                  participants, the general public, vessels               alternatives and, if regulation is                    concerning its provisions or options for
                                                  and the navigable waters during                         necessary, to select regulatory                       compliance, please contact the person
                                                  Charleston Race Week.                                   approaches that maximize net benefits.                listed in the FOR FURTHER INFORMATION
                                                     The Coast Guard is requesting that                   Executive Order 13771 directs agencies                CONTACT section. The Coast Guard will
                                                  interested parties provide comments                     to control regulatory costs through a                 not retaliate against small entities that
                                                  within a shortened comment period of                    budgeting process. This NPRM has not                  question or complain about this
                                                  15 days instead of a standard 30 days for               been designated a ‘‘significant                       proposed rule or any policy or action of
                                                  this notice of proposed rulemaking. The                 regulatory action,’’ under Executive                  the Coast Guard.
                                                  Coast Guard believes a shortened                        Order 12866. Accordingly, the NPRM
                                                  comment period is necessary and                         has not been reviewed by the Office of                C. Collection of Information
                                                  reasonable because the safety zone is                   Management and Budget (OMB), and                        This proposed rule would not call for
                                                  necessary to ensure the safety of event                 pursuant to OMB guidance it is exempt                 a new collection of information under
                                                  participants, the general public, vessels               from the requirements of Executive                    the Paperwork Reduction Act of 1995
                                                  and these navigable waters during the                   Order 13771.                                          (44 U.S.C. 3501–3520).
                                                  race. Any delay in making this final rule                  This regulatory action determination
                                                  effective by allowing comments for                      is based on: (1) Although persons and                 D. Federalism and Indian Tribal
                                                  more than 15 days would not be in the                   vessels may not enter, transit through,               Governments
                                                  best interest of public safety.                         anchor in, or remain within the safety                   A rule has implications for federalism
                                                     The legal basis for the proposed rule                zone without authorization from the                   under Executive Order 13132,
                                                  is the Coast Guard’s authority to                       Captain of the Port Charleston or a                   Federalism, if it has a substantial direct
                                                  establish regulated safety zones and                    designated representative, they may                   effect on the States, on the relationship
                                                  other limited access areas is 33 U.S.C.                 operate in the surrounding area during                between the national government and
                                                  1231.                                                   the enforcement period; and (2) the                   the States, or on the distribution of
                                                                                                          Coast Guard will provide advance                      power and responsibilities among the
                                                  III. Discussion of Proposed Rule                                                                              various levels of government. We have
                                                                                                          notification of the safety zone to the
                                                     The Coast Guard proposes to establish                local maritime community by Local                     analyzed this proposed rule under that
                                                  a safety zone on the waters of the                      Notice to Mariners and Broadcast Notice               Order and have determined that it is
                                                  Charleston Harbor in Charleston, South                  to Mariners                                           consistent with the fundamental
                                                  Carolina during Charleston Race Week.                                                                         federalism principles and preemption
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  The races are scheduled to take place                   B. Impact on Small Entities                           requirements described in Executive
                                                  from 9 a.m. to 5 p.m., on April 12, 2018,                 The Regulatory Flexibility Act of                   Order 13132.
                                                  through April 15, 2018. Approximately                   1980, 5 U.S.C. 601–612, as amended,                      Also, this proposed rule does not have
                                                  250 sailboats are anticipated to                        requires Federal agencies to consider                 tribal implications under Executive
                                                  participate in the races, and                           the potential impact of regulations on                Order 13175, Consultation and
                                                  approximately 30 spectator vessels are                  small entities during rulemaking. The                 Coordination with Indian Tribal
                                                  expected to attend the event. Persons                   term ‘‘small entities’’ comprises small               Governments, because it would not have
                                                  and vessels desiring to enter, transit                  businesses, not-for-profit organizations              a substantial direct effect on one or


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                                                                           Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules                                              9251

                                                  more Indian tribes, on the relationship                 V. Public Participation and Request for                  (1) Race Area #1. All waters of the
                                                  between the Federal Government and                      Comments                                              Charleston Harbor encompassed within
                                                  Indian tribes, or on the distribution of                   We view public participation as                    a 700 yard radius of position 32°46′10″
                                                  power and responsibilities between the                  essential to effective rulemaking, and                N, 079°55′15″ W.
                                                  Federal Government and Indian tribes.                   will consider all comments and material                  (2) Race Area #2. All waters of the
                                                  If you believe this proposed rule has                   received during the comment period.                   Charleston Harbor encompassed within
                                                  implications for federalism or Indian                   Your comment can help shape the                       a 700 yard radius of position 32°46′02″
                                                  tribes, please contact the person listed                outcome of this rulemaking. If you
                                                  in the FOR FURTHER INFORMATION                                                                                N, 079°54′15″ W.
                                                                                                          submit a comment, please include the
                                                  CONTACT section.                                                                                                 (3) Race Area #3. All waters of the
                                                                                                          docket number for this rulemaking,
                                                                                                                                                                Charleston Harbor encompassed within
                                                  E. Unfunded Mandates Reform Act                         indicate the specific section of this
                                                                                                                                                                a 700 yard radius of position 32°45′55″
                                                                                                          document to which each comment
                                                     The Unfunded Mandates Reform Act                     applies, and provide a reason for each                N, 079°53′39″ W.
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   suggestion or recommendation.                            (4) Race Area #4. All waters of the
                                                  Federal agencies to assess the effects of                  We encourage you to submit                         Charleston Harbor encompassed within
                                                  their discretionary regulatory actions. In              comments through the Federal                          a 600 yard radius of position 32°47′40″
                                                  particular, the Act addresses actions                   eRulemaking Portal at http://                         N, 079°55′10″ W.
                                                  that may result in the expenditure by a                 www.regulations.gov. If your material
                                                  State, local, or tribal government, in the                                                                       (5) Race Area #5. All waters of the
                                                                                                          cannot be submitted using http://                     Charleston Harbor and Entrance
                                                  aggregate, or by the private sector of                  www.regulations.gov, contact the person
                                                  $100,000,000 (adjusted for inflation) or                                                                      Channel encompassed within a 500 yard
                                                                                                          in the FOR FURTHER INFORMATION
                                                  more in any one year. Though this                                                                             radius of position 32°45′34″ N,
                                                                                                          CONTACT section of this document for
                                                  proposed rule would not result in such                                                                        79°52′09″ W continuing to Charleston
                                                                                                          alternate instructions.
                                                  an expenditure, we do discuss the                                                                             Entrance Channel Buoys Green 11 (LLN
                                                                                                             We accept anonymous comments. All
                                                  effects of this rule elsewhere in this                  comments received will be posted                      2395.5) and Red 12 (LLN 2400).
                                                  preamble.                                               without change to http://                                (b) Definition. The term ‘‘designated
                                                  F. Environment                                          www.regulations.gov and will include                  representative’’ means Coast Guard
                                                                                                          any personal information you have                     Patrol Commanders, including Coast
                                                     We have analyzed this proposed rule                  provided. For more about privacy and                  Guard coxswains, petty officers, and
                                                  under Department of Homeland                            the docket, visit http://                             other officers operating Coast Guard
                                                  Security Directive 023–01, which guides                 www.regulations.gov/privacyNotice.                    vessels, and Federal, state, and local
                                                  the Coast Guard in complying with the                      Documents mentioned in this NPRM                   officers designated by or assisting the
                                                  National Environmental Policy Act of                    as being available in the docket, and all             Captain of the Port Charleston in the
                                                  1969 (42 U.S.C. 4321–4370f), and have                   public comments, will be in our online                enforcement of the regulated areas.
                                                  made a preliminary determination that                   docket at http://www.regulations.gov
                                                  this action is one of a category of actions                                                                      (c) Regulations. (1) All persons and
                                                                                                          and can be viewed by following that
                                                  that do not individually or cumulatively                website’s instructions. Additionally, if              vessels are prohibited from entering,
                                                  have a significant effect on the human                  you go to the online docket and sign up               transiting through, anchoring in, or
                                                  environment. This proposed rule                         for email alerts, you will be notified                remaining within the regulated area
                                                  involves a safety zone that will prohibit               when comments are posted or a final                   unless authorized by the Captain of the
                                                  persons and vessels from entering,                      rule is published.                                    Port Charleston or a designated
                                                  transiting through, anchoring in, or                                                                          representative.
                                                  remaining within a limited area on the                  List of Subjects in 33 CFR Part 165
                                                                                                                                                                   (2) Persons and vessels desiring to
                                                  waters of the Charleston Harbor.                          Harbors, Marine safety, Navigation                  enter, transit through, or remain within
                                                  Normally such actions are categorically                 (water), Reporting and recordkeeping                  the regulated area may contact the
                                                  excluded from further review under                      requirements, Security measures,                      Captain of the Port Charleston by
                                                  paragraph L60 of Appendix A, Table 1                    Waterways.
                                                  of DHS Instruction Manual 023–01–                                                                             telephone at 843–740–7050, or a
                                                                                                            For the reasons discussed in the                    designated representative via VHF radio
                                                  001–01, Rev. 01. A preliminary Record                   preamble, the Coast Guard proposes to
                                                  of Environmental Consideration                                                                                on channel 16, to request authorization.
                                                                                                          amend 33 CFR part 165 as follows:                     If authorization to enter, transit through,
                                                  supporting this determination is
                                                  available in the docket where indicated                                                                       or remain within the regulated area is
                                                                                                          PART 165—SAFETY OF LIFE ON
                                                  under ADDRESSES. We seek any                                                                                  granted by the Captain of the Port
                                                                                                          NAVIGABLE WATERS
                                                  comments or information that may lead                                                                         Charleston or a designated
                                                  to the discovery of a significant                       ■ 1. The authority citation for part 165              representative, all persons and vessels
                                                  environmental impact from this                          continues to read as follows:                         receiving such authorization must
                                                  proposed rule.                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191,
                                                                                                                                                                comply with the instructions of the
                                                                                                          33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and             Captain of the Port Charleston or a
                                                  G. Protest Activities
                                                                                                          Department of Homeland Security Delegation            designated representative.
                                                    The Coast Guard respects the First                    No. 0170.1.
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                                                                                                                                                                   (3) The Coast Guard will provide
                                                  Amendment rights of protesters.                         ■ 2. Add a temporary § 165.T07–0056 to                notice of the regulated area by Local
                                                  Protesters are asked to contact the                     read as follows:                                      Notice to Mariners, Broadcast Notice to
                                                  person listed in the FOR FURTHER                                                                              Mariners, and on-scene designated
                                                  INFORMATION CONTACT section to                          § 165.T07–0056 Safety Zone; Charleston
                                                                                                                                                                representatives.
                                                  coordinate protest activities so that your              Race Week, Charleston Harbor, Charleston,
                                                  message can be received without                         SC.                                                      (d) Enforcement period. This rule will
                                                  jeopardizing the safety or security of                    (a) Location. The rule consists of the              be enforced from 9 a.m. until 5 p.m., on
                                                  people, places, or vessels.                             following four race areas.                            April 12, 2018, through April 15, 2018.


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                                                  9252                     Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules

                                                    Dated: February 27, 2018.                             MM Mile Marker                                        sponsor as participants or official patrol
                                                  J.W. Reed,                                              NPRM Notice of Proposed Rulemaking                    vessels are considered spectators. The
                                                                                                          PATCOM Patrol Commander                               ‘‘official patrol vessels’’ consist of any
                                                  Captain, U.S. Coast Guard, Captain of the
                                                                                                          § Section                                             Coast Guard, state, or local law
                                                  Port Charleston.
                                                                                                          U.S.C. United States Code
                                                  [FR Doc. 2018–04366 Filed 3–2–18; 8:45 am]                                                                    enforcement and sponsor provided
                                                  BILLING CODE 9110–04–P                                  II. Background, Purpose, and Legal                    vessels assigned or approved by the
                                                                                                          Basis                                                 COTP to patrol the zone.
                                                                                                                                                                   Spectator vessels desiring to transit
                                                                                                            On November 30, 2017, the sponsor
                                                  DEPARTMENT OF HOMELAND                                                                                        the zone may do so only with prior
                                                                                                          for the Tuscaloosa Air Show submitted
                                                  SECURITY                                                                                                      approval of the PATCOM and when so
                                                                                                          an application for a marine event permit
                                                                                                                                                                directed by that officer would be
                                                                                                          for the Tuscaloosa Air Show that will
                                                  Coast Guard                                                                                                   operated at a minimum safe navigation
                                                                                                          take place every day from 10 a.m.
                                                                                                                                                                speed in a manner which will not
                                                                                                          through 5 p.m. from April 12, 2018
                                                  33 CFR Part 165                                                                                               endanger any other vessels. No spectator
                                                                                                          through April 15, 2018. The air show
                                                                                                                                                                vessel shall anchor, block, loiter, or
                                                  [Docket Number USCG–2018–0015]                          will consist of various flight
                                                                                                                                                                impede the through transit of official
                                                                                                          demonstrations over the Black Warrior
                                                  RIN 1625–AA08                                                                                                 patrol vessels in the zone during the
                                                                                                          River between Mile Marker (MM) 335.0
                                                                                                                                                                effective dates and times, unless cleared
                                                  Safety Zone; Black Warrior River,                       and MM 337.0 in Tuscaloosa, AL. Over
                                                                                                                                                                for entry by or through an official patrol
                                                  Tuscaloosa, AL                                          the years, there have been unfortunate
                                                                                                                                                                vessel. Any spectator vessel may anchor
                                                                                                          instances of aircraft mishaps that
                                                  AGENCY:   Coast Guard, DHS.                                                                                   outside the zone, but may not anchor in,
                                                                                                          involve crashing during performances at
                                                                                                                                                                block, or loiter in a navigable channel.
                                                  ACTION:   Notice of proposed rulemaking.                various air shows around the world.
                                                                                                                                                                Spectator vessels may be moored to a
                                                                                                          Occasionally, these incidents result in a
                                                  SUMMARY:   The Coast Guard proposes to                                                                        waterfront facility within the zone in
                                                                                                          wide area of scattered debris in the
                                                  establish a temporary safety zone for all                                                                     such a way that they shall not interfere
                                                                                                          water that can damage property or cause
                                                  navigable waters of the Black Warrior                                                                         with the progress of the air show. Such
                                                                                                          significant injury or death to the public
                                                  River, extending the entire width of the                                                                      mooring must be complete at least 30
                                                                                                          observing the air shows. The Captain of
                                                  river between Mile Marker (MM) 335.0                                                                          minutes prior to the establishment of
                                                                                                          the Port Sector Mobile (COTP) has
                                                  and MM 337.0 in Tuscaloosa, AL. The                                                                           the zone and remain moored through
                                                                                                          determined a safety zone is necessary to
                                                  proposed rulemaking is necessary to                                                                           the duration of the air show.
                                                                                                          protect the general public from hazards                  The COTP or a designated
                                                  provide for the safety of life and                      associated with aerial flight
                                                  property on these navigable waters                                                                            representative may forbid and control
                                                                                                          demonstrations.                                       the movement of all vessels in the zone.
                                                  during the Tuscaloosa Air Show. This                      The purpose of this proposed
                                                  proposed rulemaking would prohibit                                                                            When hailed or signaled by an official
                                                                                                          rulemaking is to ensure the safety of                 patrol vessel, a vessel shall come to an
                                                  persons and vessels from entering the                   vessels and persons during the air show
                                                  safety zone unless specifically                                                                               immediate stop and comply with the
                                                                                                          on the navigable waters of the Black                  directions given. Failure to do so may
                                                  authorized by the Captain of the Port                   Warrior River between MM 335.0 and
                                                  Sector Mobile (COTP) or a designated                                                                          result in expulsion from the zone,
                                                                                                          337.0 in Tuscaloosa, AL. The Coast                    citation for failure to comply, or both.
                                                  representative. We invite your                          Guard proposes this rulemaking under                     The COTP or a designated
                                                  comments on this proposed rulemaking.                   authority in 33 U.S.C. 1231.                          representative may terminate the
                                                  DATES: Comments and related material                                                                          operation of any vessel at any time it is
                                                                                                          III. Discussion of Proposed Rule
                                                  must be received by the Coast Guard on                                                                        deemed necessary for the protection of
                                                  or before April 4, 2018.                                   The Coast Guard proposes to establish
                                                                                                                                                                life or property. The COTP or a
                                                  ADDRESSES: You may submit comments
                                                                                                          a temporary safety zone on the Black
                                                                                                                                                                designated representative would
                                                  identified by docket number USCG–                       Warrior River, extending the entire
                                                                                                                                                                terminate enforcement of the safety zone
                                                  2018–0015 using the Federal                             width of the river between MM 335.0
                                                                                                                                                                at the conclusion of the air show.
                                                  eRulemaking Portal at http://                           and 337.5 in Tuscaloosa, AL every day                    The regulatory text we are proposing
                                                  www.regulations.gov. See the ‘‘Public                   from 10 a.m. through 5 p.m. from April                appears at the end of this document.
                                                  Participation and Request for                           12, 2018 through April 15, 2018. The
                                                                                                          proposed rulemaking is needed to                      IV. Regulatory Analyses
                                                  Comments’’ portion of the
                                                  SUPPLEMENTARY INFORMATION section for
                                                                                                          provide for the safety of life and                      We developed this proposed rule after
                                                  further instructions on submitting                      property on these navigable waters                    considering numerous statutes and
                                                  comments.                                               during the Tuscaloosa Air Show. This                  Executive orders related to rulemaking.
                                                                                                          proposed rulemaking restricts transit                 Below we summarize our analyses
                                                  FOR FURTHER INFORMATION CONTACT:   If                   into, through, and within the zone                    based on a number of these statutes and
                                                  you have questions about this proposed                  unless specifically authorized by the                 Executive orders and we discuss First
                                                  rulemaking, call or email LT Kyle D.                    COTP. No vessel or person would be                    Amendment rights of protestors.
                                                  Berry, Sector Mobile, Waterways                         permitted to enter the zone without
                                                  Management Division, U.S. Coast                         obtaining permission from the COTP or                 A. Regulatory Planning and Review
                                                  Guard; telephone 251–441–5940, email                    a designated representative. A                           Executive Orders 12866 and 13563
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                                                  Kyle.D.Berry@uscg.mil.                                  designated representative may be a                    direct agencies to assess the costs and
                                                  SUPPLEMENTARY INFORMATION:                              Patrol Commander (PATCOM). The                        benefits of available regulatory
                                                                                                          PATCOM would be aboard either a                       alternatives and, if regulation is
                                                  I. Table of Abbreviations
                                                                                                          Coast Guard or Coast Guard Auxiliary                  necessary, to select regulatory
                                                  CFR Code of Federal Regulations                         vessel. The PATCOM may be contacted                   approaches that maximize net benefits.
                                                  COTP Captain of the Port Sector Mobile                  on Channel 16 VHF–FM (156.8 MHz) by                   Executive Order 13771 directs agencies
                                                  DHS Department of Homeland Security                     the call sign ‘‘PATCOM’’. All persons                 to control regulatory costs through a
                                                  FR Federal Register                                     and vessels not registered with the                   budgeting process. This NPRM has not


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Document Created: 2018-03-03 02:45:36
Document Modified: 2018-03-03 02:45:36
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 9249 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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