Rule2021-17711
Special Local Regulation; Low Country Splash Open Water Swim, Charleston, SC
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 18, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a special local regulation on the waters of the Wando River, Cooper River, and Charleston Harbor in Charleston, SC. This action is necessary to provide for the safety of life on navigable waters during the Low Country Splash Open Water Swim. This rulemaking would restrict persons and vessels from entering certain waters of the Wando River, Cooper River, and Charleston Harbor, unless authorized by Sector Charleston Captain of the Port or a designated representative.
Full Text
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<title>Federal Register, Volume 86 Issue 157 (Wednesday, August 18, 2021)</title>
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[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Rules and Regulations]
[Pages 46115-46117]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17711]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0639]
RIN 1625-AA08
Special Local Regulation; Low Country Splash Open Water Swim,
Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Wando River, Cooper River, and Charleston Harbor in
Charleston, SC. This action is necessary to provide for the safety of
life on navigable waters during the Low Country Splash Open Water Swim.
This rulemaking would restrict persons and vessels from entering
certain waters of the Wando River, Cooper River, and Charleston Harbor,
unless authorized by Sector Charleston Captain of the Port or a
designated representative.
DATES: This rule is affective from 7 a.m. until 11 a.m., on September
18, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0639 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 Commander Chad Ray, Sector Charleston
Waterways Management Division, Coast Guard; telephone (843) 740-3184,
email <a href="/cdn-cgi/l/email-protection#27644f4643096b0975465e6752544440094a4e4b"><span class="__cf_email__" data-cfemail="c685aea7a2e88ae894a7bf86b3b5a5a1e8abafaa">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
has published a special local regulation for this event in 33 CFR
100.704, Table 1 to Sec. 100.704, Line No. 4; however, the existing
special location regulation is dated for the first week of May while
this year's event is scheduled for September 18, 2021.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because the
potential safety hazards associated with the Low Country Splash Open
Water Swim taking place on September 18, 2021.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Charleston (COTP) has determined that
potential hazards associated with the Low Country Splash Open Water
Swim event presents a safety concern for anyone in the vicinity of the
regulated area during the event. This rule is needed to protect
participants, spectators, and the general public in the navigable
waters within the regulated area during the Low Country Splash Open
Water Swim event.
IV. Discussion of the Rule
This rule establishes a special local regulation from 7 a.m. until
11 a.m., on September 18, 2021. The special local regulation will cover
all navigable waters within a moving zone, beginning at Daniel Island
Pier, south along the
[[Page 46116]]
coast of Daniel Island, across the Wando River to Hobcaw Yacht Club,
south along the coast of Mt. Pleasant, S.C., to Charleston Harbor
Resort Marina. The duration of the special local regulation is intended
to ensure the safety of participants, spectators, vessels and these
navigable waters before, during, and after the scheduled event. No
vessel or person will be permitted to enter the regulated area without
obtaining permission from Sector Charleston COTP or a designated
representative.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on: (1) Non-
participant persons and vessels may enter, transit through, anchor in,
or remain within the regulated area during the enforcement periods if
authorized by Sector Charleston COTP or a designated representative;
(2) vessels not able to enter, transit through, anchor in, or remain
within the regulated area without authorization from Sector Charleston
COTP or a designated representative may operate in the surrounding
areas during the enforcement period; (3) the Coast Guard will provide
advance notification of the special local regulation to the local
maritime community by Broadcast Notice to Mariners; (4) the regulated
area will impact small designated areas of Wando River, Cooper River,
and Charleston Harbor for only 4 hours and thus is limited in time and
scope.
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 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.
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
call or email 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 Order
13132.
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.
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 an 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined 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 a special local
regulation lasting 4 hours. Normally such actions are categorically
excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
[[Page 46117]]
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T07-0084 to read as follows:
Sec. 100.T07-0084 Special Local Regulation; Low Country Splash Open
Water Swim, Wando River, Cooper River, and Charleston Harbor;
Charleston, SC.
(a) Location. All waters within a moving zone, beginning at Daniel
Island Pier in approximate position 32[deg]51'20'' N, 079[deg]54'06''
W, south along the coast of Daniel Island, across the Wando River to
Hobcaw Yacht Club, in approximate position 32[deg]49'20'' N,
079[deg]53'49'' W, south along the coast of Mt. Pleasant, S.C., to
Charleston Harbor Resort Marina, in approximate position 32[deg]47'20''
N, 079[deg]54'39'' W.
(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
Sector Charleston COTP 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 unless authorized by the Sector Charleston COTP or a
designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Sector
Charleston COTP 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 by the Sector Charleston COTP or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Sector
Charleston COTP or a designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 7 a.m.
until 11 a.m., on September 18, 2021.
Dated: August 11, 2021.
J.D. Cole,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2021-17711 Filed 8-17-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 18, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.