Rule2021-23288
Special Local Regulation; Swim Around Charleston, 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
October 26, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation on the waters of the Wando River, Cooper River, Charleston Harbor, and Ashley River in Charleston, SC. This action is necessary to provide for the safety of life on navigable waters during the Swim Around Charleston. This rulemaking would restrict persons and vessels from entering certain waters of the Wando River, Cooper River, Charleston Harbor, and Ashley River, 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 204 (Tuesday, October 26, 2021)</title>
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[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Rules and Regulations]
[Pages 59029-59031]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23288]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0673]
RIN 1625-AA08
Special Local Regulation; Swim Around Charleston, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation on the waters of the Wando River, Cooper River, Charleston
Harbor, and Ashley River in Charleston, SC. This action is necessary to
provide for the safety of life on navigable waters during the Swim
Around Charleston. This rulemaking would restrict persons and vessels
from entering certain waters of the Wando River, Cooper River,
Charleston Harbor, and Ashley River, unless authorized by Sector
Charleston Captain of the Port or a designated representative.
DATES: This rule is affective from 10 a.m. until 4 p.m., on October 31,
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-
2021-0673 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#296a41484d0765077b4850695c5a4a4e07444045"><span class="__cf_email__" data-cfemail="34775c55501a781a66554d74414757531a595d58">[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 event
already has established dates in 33 CFR 100.704, Table to Sec.
100.704, Line No. 9, and typically takes place one Saturday or Sunday
during the last two weeks of September or the first two weeks of
October. However, this year the event will take place on October 31,
2021. The Coast Guard must establish a temporary final rule for this
year's event because a Notice of Enforcement cannot be used to enforce
a rule this far outside the dates approved in the Federal Register. We
must establish this special local regulation by October 31, 2021 in
order to protect the public from the hazards associated with the Swim
Around Charleston event.
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 Swim Around Charleston
taking place on October 31, 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 Swim Around Charleston 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 Swim Around Charleston event.
IV. Discussion of the Rule
This rule establishes a special local regulation from 10:00 a.m.
until 4:00 p.m., on October 31, 2021. The special local regulation will
cover certain navigable waters on the Wando River, Cooper River,
Charleston Harbor, and Ashley River in Charleston, South Carolina
beginning at Remleys Point in Mt. Pleasant, proceeding across
Charleston Harbor continuing up the Ashley River to its conclusion just
before the Westmoreland Bridge, I-526. 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.
[[Page 59030]]
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; and (4) the
regulated area will impact small designated areas of Wando River,
Cooper River, Charleston Harbor, and Ashley River 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 and 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 6 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:
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.T799-0084 to read as follows:
[[Page 59031]]
Sec. 100.T799-0084 Special Local Regulation; Swim Around Charleston,
Wando River, Cooper River, Charleston Harbor, and Ashley River;
Charleston, SC.
(a) Location. The following area is a moving safety zone: All
waters 50 yards in front of the lead safety vessel preceding the first
race participants, 50 yards behind the safety vessel trailing the last
race participants, and at all times extend 100 yards on either side of
safety vessels. The Swim Around Charleston swimming race consists of a
12 mile course that starts at Remley's Point on the Wando River in
approximate position 32[deg]48'49'' N, 79[deg]54'27'' W, crosses the
main shipping channel under the main span of the Ravenel Bridge, and
finishes at the I-526 bridge and boat landing on the Ashley River in
approximate position 32[deg]50'14'' N, 80[deg]01'23'' W. All
coordinates are North American Datum 1983.
(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 10 a.m.
until 4 p.m., on October 31, 2021.
Dated: October 20, 2021.
J.D. Cole,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2021-23288 Filed 10-25-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on October 26, 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.