Rule2022-09220
Safety Zone; Motus Myrtle Beach Triathlon, Myrtle Beach, SC
Primary source
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Published
April 29, 2022
Effective
May 1, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone on certain waters of the Atlantic Intracoastal Waterway, near Myrtle Beach, SC. This action is necessary to ensure the safety of life on navigable waters of the United States during the Motus Myrtle Beach Triathlon Swim event. During the enforcement period, no person or vessel may enter, transit through, anchor in, or remain within the designated area unless authorized by the Captain of the Port Charleston (COTP) or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 83 (Friday, April 29, 2022)</title>
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[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Rules and Regulations]
[Pages 25408-25410]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09220]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0295]
RIN 1625-AA00
Safety Zone; Motus Myrtle Beach Triathlon, 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
certain waters of the Atlantic Intracoastal Waterway, near Myrtle
Beach, SC. This action is necessary to ensure the safety of life on
navigable waters of the United States during the Motus Myrtle Beach
Triathlon Swim event. During the enforcement period, no person or
vessel may enter, transit through, anchor in, or remain within the
designated area unless authorized by the Captain of the Port Charleston
(COTP) or a designated representative.
DATES: This rule is effective from 7:30 a.m. to 9:30 a.m., on May 1,
2022.
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-
2022-0295 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
temporary final rule, call or email LCDR Chad Ray, Sector Charleston
Office of Waterways Management, Coast Guard; telephone (843) 740-3184,
email <a href="/cdn-cgi/l/email-protection#92d1faf3f6bcdebcc0f3ebd2e7e1f1f5bcfffbfe"><span class="__cf_email__" data-cfemail="4b08232a2f650765192a320b3e38282c65262227">[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.'' The primary justification for this action is that the Coast
Guard was given short notice from the event sponsor, that the dates
would not align with the dates of the event in the special local
regulation. Therefore, it is impracticable to publish an NPRM because
we lack sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule. It would be
impracticable and contrary to the public interest to delay promulgating
this rule, as it is necessary to protect the safety of participants,
spectators, and vessels transiting near the race area during the Motus
Myrtle Beach Triathalon event on May 1, 2022.
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 impracticable because the safety zone must be
established by May, 1, 2022 to ensure the safety of life on navigable
waters of the United States during the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Charleston (COTP) has determined that
potential hazards associated with the large number of participants and
spectators during the swim will be a safety concern. The purpose of the
rule is to ensure the safety of participants, spectators, the general
public, vessels and the navigable waters in the safety zone before,
during and after the scheduled swim.
IV. Discussion of the Rule
This rule establishes a safety zone from 7:30 a.m. until 9:30 a.m.,
on May 1, 2022. The safety zone will cover certain waters of the
Atlantic Intracoastal Waterway near near Myrtle Beach, South Carolina
during the Motus Myrtle Beach Triathalon event. The duration of the
safety zone is intended to ensure the safety of the participants,
spectators, and the general public during the scheduled 7:30 a.m. to
9:30 a.m. race. No vessel or person will be permitted to enter, transit
through, anchor in or remain within the safety zone without obtaining
permission from the COTP or a designated representative. If
authorization to enter, transit through, anchor in, or remain within
the saftey zone is granted by the COTP or a designated representative,
all persons and vessels receiving such authorization must comply with
the instructions of the COTP or a designated representative. The COTP
will inform the public of the safety zone by Local Notice to Mariners,
Broadcast Notice to Mariners, or by 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
[[Page 25409]]
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 the following
reasons: (1) The safety zone only being enforced for a total of two
hours; (2) although persons and vessels may not enter, transit through,
anchor in, or remain within the zone without authorization from the
COTP or a designated representative, they may operate in the
surrounding area during the enforcement period; and (3) persons and
vessels may still enter, transit through, anchor in, or remain within
the areas during the enforcement period if authorized by the COTP or a
designated representative.
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 involves a
safety zone that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within a limited area
along the Atlantic Intracoastal Waterway, near Myrtle Beach, SC during
a swim event lasting two hours. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1, Revision No. 01.2.
0
2. Add Sec. 165.T07-0295 to read as follows:.
Sec. 165.T07-0295 Safety Zone; Motus Myrtle Beach; Myrtle Beach, SC.
(a) Location. The following is a safety zone: Certain waters of the
Atlantic Intracoastal Waterway within the
[[Page 25410]]
following two points of position and the North shore: 33[deg]45'03'' N,
78[deg]50'47'' W to 33[deg]45'18'' N, 78[deg]50'14'' W, located in
Myrtle Beach, South Carolina.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port Charleston (COTP) in the enforcement
of the safety zone.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
safety zone unless authorized by the COTP Charleston or a designated
representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the COTP Charleston
by telephone at (843) 740-7050, or a designated representative via VHF
radio on channel 16, to request authorization. If authorization is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the COTP Charleston or a designated
representative.
(d) Enforcement period. This rule will be enforced from May 1, 2022
from 7:30 a.m. until 9:30 a.m.
Dated: April 22, 2022.
J.D. Cole,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2022-09220 Filed 4-28-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on April 29, 2022.
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