[Federal Register: April 27, 2005 (Volume 70, Number 80)]
[Proposed Rules]
[Page 21702-21704]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap05-39]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Charleston 05-036]
RIN 1625-AA00
Safety Zone; Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes a temporary safety zone on the waters
of the Wando River, Cooper River, and Charleston Harbor from Hobcaw
Yacht Club to Charleston Harbor Marina and from the coast of Mount
Pleasant to 150 yards offshore during the Lowcountry Splash swimming
event. A temporary safety zone is necessary to prevent commercial or
recreational boating traffic from transiting the racecourse. This
temporary safety zone will allow the swimmers to safely participate in
the event without interfering with vessel traffic.
DATES: Comments and related material must reach the Coast Guard on or
before May 9, 2005.
ADDRESSES: You may mail comments and related material to Marine Safety
Office Charleston, 196 Tradd St., Charleston, SC 29401. The Marine
Safety Office maintains the public docket for this rulemaking. Comments
and material received from the public,
[[Page 21703]]
as well as documents indicated in this preamble as being available in
the docket, will become part of this docket and will be available for
inspection or copying at The Marine Safety Office Charleston between 8
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Matthew Meskun, U.S. Coast Guard
Marine Safety Office Charleston, South Carolina, at (843) 720-3240.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (COTP
Charleston 05-036), indicate the specific section of this document to
which each comment applies, and give the reason for each comment.
Please submit all comments and related material in an unbound format,
no larger than 8\1/2\ by 11 inches, suitable for copying. If you would
like to know they reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
If, as we anticipate, we make this temporary final rule effective
less than 30 days after publication in the Federal Register, we will
explain in that publication, as required by 5 U.S.C. (d)(3), our good
cause for doing so.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to The Marine Safety Office Charleston
at the address under ADDRESSES explaining why one 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.
Background and Purpose
This regulation is needed to provide for the safety of life on
navigable waters because of the inherent dangers associated with an
open-water swimming event on a highly utilized body of water. The event
will take place from 7 a.m. until 11 a.m. on May 21, 2005. The event
sponsor will provide 30-40 kayaks to keep swimmers on course and assist
the Coast Guard in patrolling the area. This rule creates an area that
will prohibit non-participant vessels from entering the regulated area
during the event without the permission of the Coast Guard Patrol
Commander.
Discussion of Proposed Rule
This Coast Guard Captain of the Port Charleston, South Carolina,
proposes to establish a temporary safety zone in order to provide a
safe area for this swimming event. The event will take place from 7
a.m. until 11 a.m. on May 21, 2005. The safety zone will have patrol
vessels to enforce the zone and the event sponsor will provide 30 to 40
kayaks in order to assist the swimmers and ensure they are staying
within the designated areas. The safety zone is necessary to protect
the swimmers from the dangers of vessel traffic in the vicinity of the
race. Marine Safety Office Charleston will notify the maritime
community when the safety zone is in effect via a broadcast notice to
mariners on VHF Marine Band Radio, Channel 16 (156.8 MHz), or by actual
notice from on-scene security assets enforcing the zone.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary, because the safety zone will only
be in effect for a limited time and for a limited area.
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.
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 will affect the following
entities, some of which may be small entities: The owners or operators
of vessels intending to transit or anchor in a portion of the Wando
River, Cooper River, and Charleston Harbor from 7 a.m. to 11 a.m., May
21, 2005. This proposed rule would not have a significant economic
impact on a substantial number of small entities, because the rule will
only be in effect for a limited time and for a limited area. Vessel
traffic will be able to transit the waterway around the safety zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding this proposed rule so that they could better
evaluate its effects on them and participate in the rulemaking process.
Small entities may contact the person listed under FOR FURTHER
INFORMATION CONTACT for assistance in understanding and participating
in this rulemaking. 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.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
[[Page 21704]]
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.
Protection of Children
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.
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.
Energy Effects
We have analyzed this proposed rule under Executive Order 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 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, 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.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. Under figure 2-1, paragraph (34)(g), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
Comments on this section will be considered before we make the final
decision on whether to categorically exclude this rule from further
environmental review.
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add new temporary Sec. 165.T07-036 to read as follows:
Sec. 165.T07-036 Safety Zone; Charleston, SC.
(a) Regulated Area. The Coast Guard is establishing a temporary
safety zone on the waters of the Wando River, Cooper River, and
Charleston Harbor from the Hobcaw Yacht Club to the Charleston Harbor
Marina and from the coast of Mount Pleasant to 150 yards offshore.
(b) Regulations. In accordance with the general regulations in
165.23 of this part, anchoring, mooring or transiting the Regulated
Area is prohibited unless authorized by the Coast Guard Captain of the
Port or Coast Guard Patrol Commander.
(c) Effective Date. This rule is effective from 7 a.m. until 11
a.m. on May 21, 2005.
Dated: April 18, 2005.
D.W. Murk,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port,
Charleston, South Carolina.
[FR Doc. 05-8351 Filed 4-26-05; 8:45 am]
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