Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 29719 

MSHA to determine non-regulatory 

initiatives the Agency should explore. 

Authority: 30 U.S.C. 811, 813(h). 

David G. Zatezalo, 

Assistant Secretary of Labor for Mine Safety 

and Health. 

[FR Doc. 2018–13603 Filed 6–25–18; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0598] 

RIN 1625–AA00 

Safety Zone, Swim Around Charleston; 

Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary moving safety 

zone during the Swim Around 

Charleston, a swimming race occurring 

on the Wando River, the Cooper River, 

Charleston Harbor, and the Ashley 

River, in Charleston, South Carolina. 

The temporary moving safety zone is 

necessary to protect swimmers, 

participant vessels, spectators, and the 

general public during the event. Persons 

and vessels would be prohibited from 

entering the safety zone unless 

authorized by the Captain of the Port 

Charleston or a designated 

representative. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 26, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0598 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Lieutenant 

Justin Heck, Sector Charleston Office of 

Waterways Management, 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 

E.O. Executive Order 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port 

II. Background, Purpose, and Legal 

Basis 

On April 9, 2018, Kathleen Wilson 

notified the Coast Guard that she will be 

sponsoring the Swim Around 

Charleston on September 16, 2018 and 

would impact waters of the Wando 

River, Cooper River, Charleston Harbor, 

and Ashley River, in Charleston, South 

Carolina. The legal basis for the 

proposed rule is the Coast Guard’s 

authority to establish a safety zone is 33 

U.S.C. 1231. The purpose of the 

proposed rule is to ensure safety of life 

on the navigable waters of the Wando 

River, Cooper River, Charleston Harbor, 

and Ashley River, in Charleston, South 

Carolina during Swim Around 

Charleston. 

III. Discussion of Proposed Rule 

The COTP proposes to establish a 

temporary safety zone on the waters of 

the Wando River, Cooper River, 

Charleston Harbor, and Ashley River, in 

Charleston, South Carolina during Swim 

Around Charleston from 7:45 a.m. to 2 

p.m. on September 16, 2018. 

Approximately 100 swimmers are 

anticipated to participate in the race. 

Persons and vessels desiring to enter, 

transit through, anchor in, or remain 

within the regulated area may contact 

the 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, all 

persons and vessels receiving such 

authorization must comply with the 

instructions of the COTP or a designated 

representative. The COTP will provide 

notice of the safety zone by Local Notice 

to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

IV. Regulatory Analyses 

We developed this proposed 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 NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the NPRM 

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) The safety zone would 

be enforced for only seven hours; (2) the 

safety zone would move with the 

participant vessels so that once the 

swimmers clear a portion of the 

waterway, the safety zone would no 

longer be enforced in that portion of the 

waterway; (3) although persons and 

vessels would not be able to enter or 

transit through the safety zone without 

authorization from the COTP or a 

designated representative, they would 

be able to operate in the surrounding 

area during the enforcement period; (4) 

persons and vessels would still be able 

to enter or transit through the safety 

zone if authorized by the COTP or a 

designated representative; and (5) the 

COTP would provide advance 

notification of the safety zone to the 

local maritime community by Local 

Notice to Mariners and Broadcast Notice 

to Mariners. 

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 proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

We have considered the impact of this 

proposed rule on small entities. This 

rule may affect the following entities, 

some of which may be small entities: 

The owner or operators of vessels 

intending to enter, transit through, 

anchor in, or remain within the 

regulated area during the enforcement 

period. For the reasons stated in section 

IV.A. above, this proposed rule would 

not have a significant economic impact 

on a substantial number of small 

entities. 


sradovich on DSK3GMQ082PROD with PROPOSALS
29720 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 

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 proposed 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. 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 proposed rule would 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 proposed 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 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. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have made a 

preliminary determination 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 proposed rule 

involves a safety zone lasting less than 

seven hours that would prohibit entry 

within the safety zone. Normally such 

actions are categorically excluded from 

further review under paragraph L 60(a) 

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. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

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. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

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. 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. 

■ 2. Add § 165.T07–0598 to read as 

follows: 

§ 100.T07–0598 Safety Zone; Swim Around 

Charleston, Charleston, SC. 

(a) Regulated area. The following 

regulated 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°48′49′′ N, 

79°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°50′14′′ N, 80°01′23′′ W. All 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 29721 

coordinates are North American Datum 

1983. 

(b) Definition. As used in this section, 

‘‘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 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, 

except persons and vessels participating 

in the Swim Around Charleston, or 

serving as safety vessels. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the 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, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the COTP or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Marine 

Safety Information Bulletins, Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement period. This rule will 

be enforced on September 16, 2018 from 

7:45 a.m. until 2 p.m. 

Dated: June 20, 2018. 

J.W. Reed, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2018–13679 Filed 6–25–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0427] 

RIN 1625–AA00 

Safety Zone; USA Triathlon Age Group 

National Championships Lake Erie, 

Cleveland, OH 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone for 

certain waters of Lake Erie during the 

USA Triathlon National 

Championships. This action is 

necessary to provide for the safety of life 

on these navigable waters near 

Edgewater Park, Cleveland, OH, during 

the swim events during the multiple 

triathlons over the course of three days. 

This proposed rulemaking would 

prohibit persons and vessels from being 

in the safety zone unless authorized by 

the Captain of the Port Buffalo or a 

designated representative. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 26, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0427 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email LT Michael 

Collet, Chief of Waterways Management, 

U.S. Coast Guard Sector Buffalo; 

telephone 716–843–9322, email D09- 

SMB-SECBuffalo-WWM@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 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On November 29, 2017, USA 

Triathlon notified the Coast Guard that 

it will be conducting the USA Triathlon 

Age Group National Championships 

from 10:00 a.m. to 1:30 p.m. on August 

10, 2018, from 5:00 a.m. to 5:30 p.m. on 

August 11, 2018, and from 5:00 a.m. to 

12:00 p.m. on August 12, 2018. The 

swim portion of the multiple triathlon 

events will be held off Edgewater Park 

in Lake Erie, Cleveland, OH. Hazards 

from swim events include participants 

swimming in an area that has a high 

amount of recreational traffic and 

interfering with vessels intending to 

operate in that location, as well as 

swimming within approaches to public 

and private marinas. The Captain of the 

Port Buffalo (COTP) has determined that 

potential hazards associated with the 

swim events would be a safety concern 

for anyone intending to participate in 

this event or for vessels that operate in 

their vicinity. 

The purpose of this rulemaking is to 

ensure the safety of the event 

participants and transiting vessels on 

specified waters of Lake Erie before, 

during and after the scheduled event. 

The Coast Guard proposes this 

rulemaking under authority in 33 U.S.C. 

1231. 

III. Discussion of Proposed Rule 

The COTP proposes to establish a 

temporary safety zone from 10:00 a.m. 

to 1:30 p.m. on August 10, 2018, from 

5:00 a.m. to 5:30 p.m. on August 11, 

2018, and from 5:00 a.m. to 12:00 p.m. 

on August 12, 2018. The safety zone 

will cover all navigable waters of Lake 

Erie, off of Edgewater Park, Cleveland 

OH, inside an area starting on shore at 

position 41°29′16′′ N, 081°44′49′′ W then 

Northwest to 41°29′34′′ N, 081°45′02′′ W 

then Northeast to 41°29′43′′ N, 

081°44′31′′ W, then Southeast back to 

shore at position 41°29′28′′ N, 

081°44′22′′ (NAD 83). The duration of 

the zone is intended to ensure the safety 

of vessels and these navigable waters 

before, during, and after the schedule 

events over the course of the three days. 

No vessel or person would be permitted 

to enter the safety zone without 

obtaining permission from the COTP or 

a designated representative. The 

regulatory text we are proposing appears 

at the end of this document. 

IV. Regulatory Analyses 

We developed this proposed 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 NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the NPRM 

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 time-of-day of the safety zone. 

Moreover, the Coast Guard would issue 


sradovich on DSK3GMQ082PROD with PROPOSALS