[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Proposed Rules]
[Pages 11161-11164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04664]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0115]
RIN 1625-AA00
Safety Zone; Xterra Swim, Myrtle Beach, SC Intracoastal Waterway;
Myrtle Beach, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to issue a temporary safety zone on
the waters of the Intracoastal Waterway in Myrtle Beach, South
Carolina. The Xterra Swim is scheduled to take place on Sunday, April
24, 2016. The temporary safety zone is necessary for the safety of the
swimmers, participant vessels, spectators, and the general public
during the event. The temporary safety zone will restrict vessel
traffic in a portion of the Intracoastal Waterway, preventing non-
participant vessels 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.
DATES: Comments and related material must be received by the Coast
Guard on or before April 4, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0115 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
[[Page 11162]]
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant John Downing, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Public Participation and 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. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that Web site'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.
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, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
II. 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
III. Basis, Purpose, and Background
On February 8, 2016, Set Up Events notified the Coast Guard that it
will be sponsoring the Xterra Myrtle Beach Swim from 7:15 a.m. to 9:15
a.m. on April 24, 2016. The legal basis for the proposed rule is the
Coast Guard's Authority to establish a safety zone: 33 CFR part 165.
The purpose of the proposed rule is to ensure safety of life on the
navigable water of the United States during the swim portion of the
Xterra Myrtle Beach Triathlon.
IV. Discussion of Proposed Rule
The Coast Guard proposes to establish a temporary safety zone on
the Atlantic Intracoastal Waterway in Myrtle Beach, South Carolina
during the Xterra Myrtle Beach Triathlon, on April 24, 2016.
Approximately 75 swimmers are anticipated to participate in the race.
Persons and vessels desiring to enter, transit through, anchor in, or
remain within the regulated area may contact the Captain of the Port
Charleston by telephone at (843) 740-7050, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted, 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.
V. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders (E.O.s) related to rulemaking. Below we summarize
our analyses based on a number of these statutes and executive orders.
A. Regulatory Planning and Review
E.O.s 12866 (``Regulatory Planing and Review'') and 13563
(``Improving Regulation and Regulatory Review'') 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 (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
E.O.13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
This proposed rule is not a significant regulatory action under
section 3(f) of E.O. 12866, as supplemented by E.O. 13563, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of E.O. 12866. The Office of Management and Budget (OMB) has
not reviewed it under E.O. 12866.
The economic impact of this proposed rule is not significant for
the following reasons: (1) The temporary safety zone would be enforced
for only two hours; (2) although persons and vessels would not be able
to enter, transit through, anchor in, or remain within the regulated
area without authorization from the Captain of the Port Charleston or a
designated representative, they would be able to operate in the
surrounding area during the enforcement periods; (3) persons and
vessels would still be able to enter, transit through, anchor in, or
remain within the regulated area if authorized by the Captain of the
Port Charleston or a designated representative; and (4) the Coast Guard
would provide advance notification of the regulated area to the local
maritime community by Local Notice to Mariners and Broadcast Notice to
Mariners.
B. Impact on Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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.
This rule may affect the following entities, some of which may be
small entities: The owner or operators of vessels intending to enter,
transit through, anchor in, or remain within the regulated area during
the enforcement period. However, for the reasons discussed in
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.
Therefore, 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. 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.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on
[[Page 11163]]
them and participate in the rulemaking. If the proposed rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please consult Lieutenant John Downing using the contact
information given in FOR FURTHER INFORMATION CONTACT. 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.
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).
D. 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).
E. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
F. 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.
G. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under E.O. 12630 (``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'').
H. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, (``Civil Justice Reform''), to minimize
litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this proposed rule under E.O. 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.
J. Indian Tribal Governments
This proposed rule does not have tribal implications under E.O.
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.
K. Energy Effects
We have analyzed this proposed rule under E.O. 13211 (``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use''). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under E.O. 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy.
L. Technical Standards
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
M. 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 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a
temporary safety zone issued in conjunction with a regatta or marine
parade. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
N. 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.
List of Subjects in 33 CFR Part 165
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, 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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 50 U.S.C. 191; 33 CFR 1.05-
1(g), 6.04-1, and 160.5; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add a temporary Sec. 165.T07-0115 to read as follows:
Sec. 165.T07-0115 Safety Zone; Xterra Swim, Myrtle Beach SC.
(a) Regulated area. The rule establishes a temporary safety zone on
certain waters of Intracoastal Waterway, Myrtle Beach, South Carolina.
The temporary safety zone consists of the following two points of
position and the North shore: 33[deg]45.076 N., 78[deg]50.790 W., to
33[deg]45.323 N., 78[deg]50.214 W. All coordinates are North American
Datum 1983.
[[Page 11164]]
(b) Definition. As used in this section, ``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, except persons and vessels participating in the Xterra
Swim, Myrtle Beach, or serving as safety vessels.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston by telephone at (843) 740-7050, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted, 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
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
(d) Enforcement period. This rule will be enforced on April 24,
2016 from 7:15 a.m. until 9:15 a.m.
Dated: February 26, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-04664 Filed 3-2-16; 8:45 am]
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