[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Rules and Regulations]
[Pages 62568-62570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24910]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG-2013-0819]
RIN 1625-AA01
Anchorage; Ashley River Anchorage, Ashley River, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the special anchorage area
located on the Ashley River, in Charleston, SC. This change is
necessary to accommodate the expansion of the Charleston City Marina
and to meet special anchorage area requirements. This change will
ensure that there is sufficient space to accommodate vessels desiring
to anchor in the area, while allowing a sufficient buffer between the
federal channel and special anchorage.
DATES: This rule is effective November 19, 2014.
[[Page 62569]]
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0819. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Warrant Officer Christopher Ruleman, Sector
Charleston Waterways Management, U.S. Coast Guard; telephone (843) 740-
3184, email [email protected]. If you have questions on
viewing the docket, call Cheryl Collins, 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. Regulatory History and Information
On May 7, 2014, we published a notice of proposed rulemaking (NPRM)
entitled Anchorage; Ashley River Anchorage, Ashley River, Charleston,
SC, in the Federal Register (79 FR 26195). We received no comments on
the proposed rule. No public meeting was requested, and none was held.
B. Basis and Purpose
The legal basis for this rule is: 33 U.S.C. 471, 1221 through 1236,
2071; 33 CFR 1.05-1; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to define
anchorage grounds.
The purpose of this rule is to relocate and reestablish the Ashley
River Anchorage to accommodate the approved expansion plans of the
Charleston City Marina. The City Marina Company received a permit for
the expansion of their marina in August 2012. The expansion will force
the relocation of the centerline of the federal channel in the vicinity
of the marina. The new channel will impede on the current special
anchorage area. Consistent with requirements in 33 CFR 109.10, the
special anchorage area must be modified to prevent potential
navigational hazards caused by the proximity of vessels transiting the
channel to vessels anchored in the special anchorage area. This rule
maintains the current size of the anchorage, ensuring no reduction in
space for vessels needing to anchor.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard did not receive any comments to the proposed rule,
and no changes were made to the regulatory text.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This 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 impacts on routine
navigation are expected to be minimal because the anchorage area will
not unnecessarily restrict traffic as it is located outside of the
established navigation channel. Vessels will be able to maneuver in,
around, and through the anchorage. The anchorage maintains the same
amount of anchorage area as the existing anchorage and associated
special conditions ensure that navigational concerns are addressed.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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 rule
will not have a significant economic impact on a substantial number of
small entities.
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 rule. If the rule does 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 above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This 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 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 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 rule
[[Page 62570]]
will not result in such an expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
8. Taking of Private Property
This rule will 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 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
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this 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
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. An environmental analysis checklist supporting this
determination is available in the docket where indicated under
ADDRESSES. This rule involves changing the location and size of a
anchorage area as described in figure 2-1, paragraph (34)(f), of the
Commandant Instruction. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
0
1. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.
0
2. Revise Sec. 110.72d to read as follows:
Sec. 110.72d Ashley River, SC.
All waters on the southwest portion of the Ashley River encompassed
within the following points: Beginning at latitude 32[deg]46'40'' N,
longitude 79[deg]57'27'' W; thence continuing north-northeasterly to
latitude 32[deg]46'44'' N, longitude 79[deg]57'25'' W; thence
continuing southeasterly to latitude 32[deg]46'40'' N, longitude
79[deg]57'22'' W; thence continuing southeasterly to latitude
32[deg]46'27'' N, longitude 79[deg]57'03'' W; thence continuing west-
southwesterly to latitude 32[deg]46'25'' N, longitude 79[deg]57'09'' W;
thence continuing northwesterly to the beginning point at latitude
32[deg]46'40'' N, longitude 79[deg]57'27'' W. All coordinates are North
American Datum 1983.
Dated: September 11, 2014.
J.H. Korn,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2014-24910 Filed 10-17-14; 8:45 am]
BILLING CODE 9110-04-P