[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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 [email protected].

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


