[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Proposed Rules]
[Pages 40544-40547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16793]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0574]
RIN 1625-AA00
Safety Zone; ESI Ironman 70.3 Augusta Triathlon, Savannah River;
Augusta, GA
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 the Savannah River in Augusta, Georgia during the ESI Ironman 70.3
Augusta Triathlon on Sunday, September 30, 2012. The temporary safety
zone would be necessary for the safety of the race participants,
participant vessels, spectators, and the general public during the 1.1
mile swim portion of the competition. Persons and vessels would be
prohibited from entering, transiting through, anchoring in, or
remaining within the temporary safety zone unless authorized by the
Captain of the Port Savannah or a designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before August 9, 2012. Requests for public meetings must be
received by the Coast Guard on or before July 15, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0574 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer William N. Franklin, Marine Safety Unit
Savannah Office of Waterways Management, Coast Guard; telephone 912-
652-4353, email [email protected]. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
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. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2012-0574) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8[frac12] by 11 inches, suitable
for copying and
[[Page 40545]]
electronic filing. If you submit comments by mail and would like to
know that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2012-0574) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before July 15, 2012 using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
B. Basis and Purpose
The legal basis for the proposed rule is the Coast Guard's
authority to establish regulated navigation areas and other limited
access areas: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295,
116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
The purpose of the proposed rule is to ensure the safety of the
swimmers, participant vessels, spectators, and the general public
during the ESI Ironman 70.3 Augusta.
C. Discussion of Proposed Rule
On Sunday, September 30, 2012, the ESI Ironman 70.3 Augusta
Triathlon is scheduled to take place in Augusta, Georgia. This event
includes a 1.1 mile swim that will take place on the waters of the
Savannah River. The swim starts at the 6th Street Railroad Bridge and
finishes at Mile Post 198.
The temporary safety zone will encompass certain waters of the
Savannah River in Augusta, Georgia. The temporary safety zone will be
enforced from 7 a.m. until 11:59 a.m. on September 30, 2012. Persons
and vessels are prohibited from entering, transiting through, anchoring
in, or remaining within the safety zone unless authorized by the
Captain of the Port Savannah or a designated representative. Persons
and vessels desiring to enter, transit through, anchor in, or remain
within the safety zone may contact the Captain of the Port Savannah by
telephone at 912-652-4353, 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 Savannah or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Savannah 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.
D. 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 or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The economic impact of this proposed rule is not significant for
the following reasons: (1) The safety zone would be enforced for only 5
hours; (2) although persons and vessels would not be able to enter,
transit through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Savannah or a designated
representative, they would be able to operate in the surrounding area
during the enforcement period; (3) persons and vessels would still be
able to enter, transit through, anchor in, or remain within the
regulated areas if authorized by the Captain of the Port Savannah or a
designated representative; and (4) the Coast Guard would provide
advance notification of the safety zone to the local maritime community
by Local Notice to Mariners and Broadcast Notice to Mariners.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
This proposed rule may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Savannah River encompassed within the temporary safety zone from 7 a.m.
until 11:59 a.m. on September 30, 2012. For the reasons discussed in
the Regulatory Planning and Review section 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.
3. Assistance for Small Entities
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, above. 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.
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4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
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
determined that this rule does not have implications for federalism.
6. 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.
7. 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.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use because it is
not a ``significant regulatory action'' under Executive Order 12866 and
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (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 the establishment of a temporary safety zone on the waters of
the Savannah River that will be enforced for a total of five hours.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. A preliminary
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
2. Add a temporary Sec. 165.T07-0574 to read as follows:
Sec. 165.T07-0574 Safety Zone; ESI Ironman 70.3 Augusta Triathlon,
Savannah River, Augusta, GA.
(a) Regulated Area. The following regulated area is a safety zone.
All waters of the Savannah River encompassed within an imaginary line
connecting the following points: starting at Point 1 in position
33[deg]28'44'' N, 81[deg]57'53'' W; thence northeast to Point 2 in
position 33[deg]28'50'' N, 81[deg]57'50'' W; thence southeast to Point
3 in position 33[deg]27'51'' N, 81[deg]55'36'' W; thence southwest to
Point 4 in position 33[deg]27'47'' N, 81[deg]55'43'' W; thence
northwest back to origin. All coordinates are North American Datum
1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Savannah 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 areas unless authorized by the Captain of the Port Savannah
or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas may contact the Captain of the
Port Savannah by telephone at 912-652-4353, or a designated
representative via
[[Page 40547]]
VHF radio on channel 16, to request authorization. If authorization to
enter, transit through, anchor in, or remain within the regulated areas
is granted by the Captain of the Port Savannah or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Savannah
or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners and Broadcast Notice to Mariners. Notice will
also be provided by on-scene designated representatives.
(d) Effective Date. This rule is effective from 7 a.m. until 11:59
a.m. on September 30, 2012.
Dated: June 25, 2012.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2012-16793 Filed 7-9-12; 8:45 am]
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