[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Rules and Regulations]
[Pages 23632-23633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09345]
[[Page 23632]]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Intracoastal Waterway in Myrtle Beach, South Carolina on
Sunday, April 24, 2016 for the Xterra Swim. 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: This rule is effective on April 24, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov type USCG-
2016-0115 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant John Downing, 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
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On February 8, 2016, Set Up Events notified the Coast Guard that it
will sponsor the Xterra Myrtle Beach Swim from 7:15 a.m. to 9:15 a.m.
on April 24, 2016. In response, on March 3, 2016, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled, Safety Zone;
Xterra Swim, Myrtle Beach, SC Intracoastal Waterway; Myrtle Beach, SC
[2016 FR 04664]. There we stated why we issued the NPRM, and invited
comments on our proposed regulatory action related to this special
local regulation. During the comment period that ended April 4, 2016,
we received no comments.
Under good cause provisions in 5 U.S.C. 553(d)(3), we are making
this rule effective less than 30 days after its publication in the
Federal Register. The Coast Guard finds that good cause exists for
making this rule effective starting April 24, 2016 because the Coast
Guard did not receive notice of this event in time to publish an NPRM
and publish a final rule 30 days before the event. The Coast Guard also
finds good cause for making this rule effective less than 30 days after
publication in the Federal Register because the public was provided
details of the event on March 3, 2016 in the NPRM and designated
representatives will be on scene to help the public understand how to
comply with this rule.
III. Legal Authority and Need for Rule
The legal basis for this rule is the Coast Guard's Authority to
establish a safety zone: 33 U.S.C. 1231. 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 Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published March
3, 2016. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM. This rule establishes a safety zone from
7:15 to 9:15 a.m. on April 24, 2016. The safety zone will cover a
portion of Atlantic Intracoastal Waterway in Myrtle Beach, South
Carolina. 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 rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
The economic impact of this 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
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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this
[[Page 23633]]
rule will 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 V.A above, this rule will not have a
significant economic impact on any vessel owner or operator.
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 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.
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.
C. 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).
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 rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive
Order13132.
Also, 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. If
you believe this 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 rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
F. 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 (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 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.
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.
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 amends
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. 100.T07-0115 Safety Zone; Xterra Swim, Myrtle Beach SC.
(a) Regulated area. A temporary safety zone is established on
certain waters of Intracoastal Waterway, Myrtle Beach, South Carolina.
The temporary safety zone consists of all waters between 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.
(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: April 18, 2016.
G. L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-09345 Filed 4-21-16; 8:45 am]
BILLING CODE 9110-04-P