[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Rules and Regulations]
[Pages 23120-23123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9373]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0252]
RIN 1625-AA08


Special Local Regulations; Lowcountry Splash Open Water Swim, 
Wando River and Cooper River, Mount Pleasant, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations on 
the waters of the Wando River and Cooper River in Mount Pleasant, South 
Carolina during the Lowcountry Splash, a 2.4 mile open water swim. The 
event is scheduled to take place on Saturday, May 19, 2012. 
Approximately 600 people are expected to participate in the swim. These 
special local regulations are necessary to provide for the safety of 
life on navigable waters of the United States during the event. The 
special local regulations establish a series of moving buffer zones, 
where all persons and vessels, except those persons and vessels 
participating in the open water swim, are prohibited from entering, 
transiting through, anchoring in, or remaining unless authorized by the 
Captain of the Port Charleston or a designated representative.

DATES: This rule is effective from 7:30 a.m. until 10 a.m. on May 19, 
2012.

[[Page 23121]]


ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0252 and are available online 
by going to http://www.regulations.gov, inserting USCG-2012-0252 in the 
``Search'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Ensign John Santorum, Sector 
Charleston Waterways Management Division, Coast Guard; telephone (843) 
740-3184, email <a href="/cdn-cgi/l/email-protection#bef4d1d6d090ec90eddfd0cad1cccbd3fecbcdddd990d3d7d2"><span class="__cf_email__" data-cfemail="2862474046067a067b49465c475a5d45685d5b4b4f06454144">[email protected]</span></a>. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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 the Coast Guard did not receive 
necessary information about the event until March 22, 2012. As a 
result, the Coast Guard did not have sufficient time to publish an NPRM 
and to receive public comments prior to the event. Any delay in the 
effective date of this rule would be contrary to the public interest 
because immediate action is needed to minimize potential danger to 
swimmers, participant vessels, spectators, and the general public.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233. The purpose of the 
rule is to insure safety of life on navigable waters of the United 
States during the Lowcountry Splash open water swim.

Discussion of Rule

    On Saturday, May 19, 2012, the Logan Rutledge Children's Foundation 
will host the Lowcountry Splash, a 2.4 mile open water swim in the 
Wando River and Cooper River along the shoreline of Mount Pleasant, 
South Carolina. The Lowcountry Splash starts at Hobcaw Yacht Club on 
the Wando River, and finishes at the Charleston Harbor Marina and 
Resorts at Patriots Point on the Cooper River. Approximately 600 
swimmers will be participating in the swim. Buoys will mark the course, 
and the course will be patrolled by event staff and volunteers on 
safety vessels: 20 motorboats, 20 kayaks, and several jet skis.
    The special local regulations establish a series of buffer zones 
around the Lowcountry Splash swimmers and safety vessels on certain 
waters of the Wando River and Cooper River in Mount Pleasant, South 
Carolina. These buffer zones are as follows: (1) All waters within 75 
yards of the lead safety vessel; (2) all waters within 100 yards of the 
last safety vessel; and (3) all waters within 100 yards of the swimmers 
and each participating safety vessel. The special local regulations 
will be enforced from 7:30 a.m. until 10 a.m. on May 19, 2012.
    Persons and vessels not participating in the open water swim are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the buffer zones unless authorized by the Captain of 
the Port Charleston or a designated representative. Persons and vessels 
desiring to enter, transit through, anchor in, or remain within the 
buffer zones may contact the Captain of the Port 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 buffer zones is 
granted by the Captain of the Port Charleston or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Charleston 
or a designated representative. The Coast Guard will provide notice of 
the buffer zones by Local Notice to Mariners, Broadcast Notice to 
Mariners, and on-scene designated representatives.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    Executive Orders 13563, Improving Regulation and Regulatory Review, 
and 12866, Regulatory Planning and Review, 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 (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a significant regulatory 
action under section 3(f) of Executive Order 12866. Accordingly, the 
Office of Management and Budget has not reviewed this rule under 
Executive Order 12866.
    The economic impact of this rule is not significant for the 
following reasons: (1) The buffer zones will be enforced for only two 
and a half hours; (2) although persons and vessels will not be able to 
enter, transit through, anchor in, or remain within the buffer zones 
without authorization from the Captain of the Port Charleston or a 
designated representative, they may operate in the surrounding area 
during the enforcement period; (3) persons and vessels may still enter, 
transit through, anchor in, or remain within the buffer zones if 
authorized by the Captain of the Port Charleston or a designated 
representative; and (4) the Coast Guard will provide advance 
notification of the buffer zones to the local maritime community by 
Local Notice to Mariners and Broadcast Notice to Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule may affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
enter, transit through, anchor in, or remain within the waters of the 
Wando River and Cooper

[[Page 23122]]

River in Mount Pleasant, South Carolina encompassed within the 
regulated areas from 7:30 a.m. until 10 a.m. on May 19, 2012. For the 
reasons discussed in the Regulatory Planning and Review section above, 
this rule will not have a significant economic impact on a substantial 
number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls 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 rule under 
that Order and have determined that it does not have implications for 
federalism.

Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
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 is categorically excluded, under figure 2-1, paragraph (34)(h), of 
the Instruction. This rule involves special local regulations issued in 
conjunction with a regatta or marine parade. Under figure 2-1, 
paragraph (34)(h), of the Instruction, an environmental analysis 
checklist and a categorical exclusion determination are not required 
for this rule.

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:  33 U.S.C. 1233.



0
2. Add a temporary Sec.  100.35T07-0252 to read as follows:


Sec.  100.35T07-0252  Special Local Regulations; Lowcountry Splash Open 
Water Swim, Wando River and Cooper River, Mount Pleasant, SC.

    (a) Regulated Areas. The following buffer zones are regulated 
areas: All waters within 75 yards of the lead safety vessel; all waters 
within 100 yards of the last safety vessel; and all waters within 100 
yards of the swimmers and each participating vessel. The Lowcountry 
Splash, a 2.4 mile open water swim, starts at Hobcaw Yacht Club on the 
Wando River, in approximate position 32[deg]49'19'' N, 79[deg]53'48'' 
W, and finishes at the

[[Page 23123]]

Charleston Harbor Marina and Resorts at Patriots Point on the Cooper 
River, in approximate position 32[deg]47'11'' N, 79[deg]54'38'' 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 
Captain of the Port Charleston in the enforcement of the regulated 
areas.
    (c) Regulations.
    (1) Except for those persons and vessels participating in the open 
water swim, all persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
areas unless authorized by the Captain of the Port Charleston or a 
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated areas may contact the Captain of the 
Port 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 areas is granted by the Captain of the Port Charleston or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Effective Date. This rule is effective from 7:30 a.m. until 10 
a.m. on May 19, 2012.

    Dated: April 9, 2012.
M.F. White, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-9373 Filed 4-17-12; 8:45 am]
BILLING CODE 9110-04-P


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