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Safety Zone; Lowcountry Splash, Charleston Harbor, Charleston, SC
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 18, 2006 (Volume 71, Number 96)]
[Proposed Rules]
[Page 28835-28837]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my06-23]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Charleston 06-070]
RIN 1625-AA00
Safety Zone; Lowcountry Splash, Charleston Harbor, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to create a temporary safety zone in
the Wando River, Cooper River, and Charleston Harbor from Hobcaw Yacht
Club to Charleston Harbor Marina along the coast of Mount Pleasant, SC,
to approximately 150 yards offshore, during the Lowcountry Splash
swimming event on June 24, 2006. A safety zone is necessary to prevent
commercial or recreational boating traffic from interfering with
swimmers on the racecourse. This rule provides for the safety of
swimmers and vessels transiting the area.
DATES: Comments and related material must reach the Coast Guard on or
before June 19, 2006.
ADDRESSES: You may mail comments and related material to, U.S. Coast
Guard Sector Charleston, Waterways Management Division, Charleston,
South Carolina 29401. Comments and material received from the public,
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 U.S. Coast Guard Sector Charleston, Waterways
Management Office between 8 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer James J. McHugh,
U.S. Coast Guard Sector Charleston, Waterways Management Division,
(843) 724-7647.
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 06-070), 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.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Chief Warrant Officer James J.
McHugh, 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
The Lowcountry Splash is a 2.4 mile open water swimming event in
the Wando River and Charleson Harbor, parallel to Mt. Pleasant, SC 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 in a highly transited body of water. The event sponsor
will provide 20-30 kayaks to keep swimmers on course and assist the
Coast Guard in patrolling the area. This rule creates a regulated 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 rule allows the Coast Guard Captain of the Port Charleston,
South Carolina, to establish a temporary safety zone in order to
provide for a safe area for the swimming event. The safety zone will
have patrol vessels to enforce the zone and the event sponsor will
provide 20 to 30 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 commercial and recreational
vessel traffic in the vicinity of the race. Sector Charleston will
notify the maritime community of periods during which these safety
zones will be in effect via a broadcast notice to mariners on VHF
Marine Band Radio, Channel 16 (156.8 MHz), or by having on-scene assets
inform vessel traffic as necessary.
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 would not have a significant economic impact on a substantial
number of small entities. This rule will affect the following entities,
some of which may be small entities: the owners or operators of vessels
intending to transit
[[Page 28836]]
or anchor in a portion of the Wando River, Cooper River, and Charleston
Harbor from 7:00 a.m. to 11 a.m., June 24, 2006.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Chief Warrant Officer James J.
McHugh, U.S. Coast Guard Sector Charleston, Waterways Management
Division, at (843) 724-7647. 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 effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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 proposed 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 made a preliminary determination 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, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation because this is a
temporary safety zone.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether this
rule should be categorically excluded 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.T07-70 to read as follows:
Sec. 165.T07-70 Safety Zone; Charleston, SC.
(a) Regulated Area. The waters of the Wando River, Cooper River,
and Charleston Harbor from Hobcaw Yacht Club, in approximate position
32[deg]49.324 N 079[deg]53.813 W, South along the coast
[[Page 28837]]
of Mt. Pleasant, S.C., to Charleston Harbor Marina, approximate
position 32[deg]47.198 N 079[deg]54.639 W and encompasses an area 150
yards offshore between the two points.
(b) Regulations. In accordance with the general regulations of
Sec. 165.23 of this part, all persons and vessels are prohibited from
entering, anchoring, mooring or transiting the Regulated Area unless
authorized by the Coast Guard Captain of the Port or Coast Guard Patrol
Commander.
(c) Dates. This rule is effective from 7 a.m. to 11 a.m. on June
24, 2006.
Dated: April 24, 2006.
J.E. Cameron,
Captain, U.S. Coast Guard, Captain of the Port, Charleston, South Carolina.
[FR Doc. 06-4628 Filed 5-17-06; 8:45 am]
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