[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Rules and Regulations]
[Pages 34785-34787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15356]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0521]
RIN 1625-AA00


Safety Zone; Beaufort Water Festival Air Show, Beaufort, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Beaufort River in Beaufort, SC. The safety zone is needed 
to ensure the safety of life on navigable waters of the Beaufort River 
during the Beaufort Water Festival Air Show. This rule will prohibit 
persons and vessels from entering, transiting through, anchoring in, or 
remaining within the

[[Page 34786]]

regulated area unless authorized by the Captain of the Port Charleston 
(COTP) or a designated representative.

DATES: This rule is effective from 12 p.m. until 5 p.m. on July 20, 
2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0521in 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 Chief Jeromy Sherrill, Sector Charleston Office of 
Waterways Management, U.S. Coast Guard; telephone (843) 740-3186, email 
Jeromy.N.Sherrill@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 for this 
year's event until June 20, 2019. The Coast Guard has an existing 
special local regulation for this event in 33 CFR 100.701, Table to 
Sec.  100.701, paragraph (g) Line 3; however, the existing regulation 
only covers the event when it is scheduled on the second week of June. 
This temporary rule is necessary to provide for the safety of 
participants, spectators, and other vessels navigating the surrounding 
waterways during the air show.
    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 
July 20, 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 
Beaufort Water Festival Air Show on July 20, 2019 present a safety 
concern for anyone within the safety zone. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone during the air show.

IV. Discussion of the Rule

    This rule establishes a safety zone from 12 p.m. until 5 p.m. on 
July 20, 2019. The safety zone will encompass a portion of the waterway 
that is 700 feet wide by 2600 feet in length on the waters of the 
Beaufort River in Beaufort, SC. The duration of the zone is intended to 
protect personnel, vessels, and the marine environment in these 
navigable waters during the Beaufort Water Festival Air Show. No vessel 
or person will be permitted to enter the safety zone without obtaining 
permission from the 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. 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 the size, 
location, duration and available exceptions to the enforcement of the 
safety zone. The regulated area will impact small designated areas of 
the Beaufort River for only 5 hours and thus is limited in time and 
scope. Furthermore, the rule will allow vessels to seek permission to 
enter the zone. Non-participant persons and vessels may enter, transit 
through, anchor in, or remain within the regulated area during the 
enforcement periods if authorized by the COTP or a designated 
representative. 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 5 hour enforcement period. The Coast Guard will issue a 
Local Notice to Mariners and a Broadcast Notice to Mariners, allowing 
mariners to make alternative plans or seek permission to transit the 
zone.

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 
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

[[Page 34787]]

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. 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 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 lasting only 5 hours that 
will prohibit entry within 700 feet wide by 2600 feet in length on the 
waters of the Beaufort River in Beaufort, SC. It is categorically 
excluded from further review under paragraph L 60(a) in Table 3-1 of 
U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1. 
A 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 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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T07-0463 to read as follows:


Sec.  165.T07-0463  Safety Zone; Beaufort Water Festival Air Show, 
Beaufort, SC.

    (a) Location. This rule establishes a safety zone on certain waters 
of the Beaufort River, Beaufort, SC. The rule creates a regulated area 
that will encompass a portion of the waterway that is 700 feet wide by 
2600 feet in length on waters of the Beaufort River encompassed within 
the following points: (1) 32[deg]25'47'' N/080[deg]40'44'' W, (2) 
32[deg]25'41'' N/080[deg]40'14'' W, (3) 32[deg]25'35'' N/
080[deg]40'16'' W, (4) 32[deg]25'40'' N/080[deg]40'46'' W.
    All coordinates are North American Datum 1983.
    (b) Definition. 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) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by contacting the U.S. Coast Guard Sector Charleston 
Command Center via VHF-FM marine channel 16 or at (843) 740-7050. Those 
in the safety zone must comply with all lawful orders or directions 
given to them by the COTP or the COTP's designated representative.
    Enforcement period. This rule will be enforced from 12 p.m. until 5 
p.m. on July 20, 2019.

    Dated: July 15, 2019.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port, Charleston.
[FR Doc. 2019-15356 Filed 7-18-19; 8:45 am]
 BILLING CODE 9110-04-P


