[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Rules and Regulations]
[Pages 21699-21701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10041]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0271]
RIN 1625-AA08


Special Local Regulations; Low Country Splash, 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 Swim on June 1, 
2019. 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 effective on June 1, 2019 from 7 a.m. to 10 a.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0271 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 Justin Heck, Sector Charleston Waterways 
Management Division, Coast Guard; telephone (843) 740-3184, email 
Justin.C.Heck@uscg.mil.

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 
did not receive necessary information from the event sponsor with 
enough time to publish a NPRM. Additionally, the Coast Guard has 
published a special local regulation for this event in 33 CFR 100.701, 
Table to Sec.  100.701, Section (g) Line 2; however, the existing 
special location regulation is dated for the first week of May.
    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 event is taking place on 
June 1, 2019 and immediate action is needed to respond to the potential 
safety hazards associated with this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041 (previously 33 U.S.C. 1233). The Captain of the Port Charleston 
(COTP) has determined that potential hazards associated with the Low 
Country Splash Open Swim event present 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 Swim event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 7 a.m. to 10 
a.m. on June 1, 2019. The special local regulation would cover all 
navigable waters within a moving zone, beginning at Daniel Island Pier, 
then moving south along the coast of Daniel Island, then across the 
Wando River to Hobcaw Yacht Club, then 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 
the COTP or a designated representative. The regulatory text we are 
proposing appears at the end of this document.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on: (1) Non-
participant persons and vessels may enter, transit through,

[[Page 21700]]

anchor in, or remain within the regulated area during the enforcement 
periods if authorized by the COTP or a designated representative; (2) 
vessels not able to enter, transit through, anchor in, or remain within 
the regulated area without authorization from the 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 Local Notice to Mariners and Broadcast Notice to Mariners; 
and (4) the regulated area will impact small designated areas of Wando 
River, Cooper River, and Charleston Harbor for only 3 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 
special local regulation area may be small entities, for the reasons 
stated in V.A. above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    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.
    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 
contact 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 proposed 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 Commandant Instruction M16475.1D, 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 3 hours, restricting persons and vessels from 
entering certain waters of the Wando River, Cooper River, and 
Charleston Harbor. It is categorically excluded from further review 
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01. A preliminary Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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, 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.T07-0271 to read as follows:


Sec.  100.T07-0271   Special Local Regulation; Low Country Splash, 
Charleston, SC.

    (a) Location. This section establishes a temporary special local 
regulation. 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

[[Page 21701]]

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, other officers operating Coast Guard vessels, and Federal, 
state, and local officers designated by or assisting the Captain of the 
Port (COTP) Charleston 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 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 to 
enter, transit through, anchor in, or remain within the regulated area 
is granted by the COTP Charleston or a designated representative, all 
persons and vessels receiving such authorization must comply with the 
instructions of the COTP Charleston 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 10 a.m. on June 1, 2019.

    Dated: May 9, 2019.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port, Charleston.
[FR Doc. 2019-10041 Filed 5-14-19; 8:45 am]
 BILLING CODE 9110-04-P


