11126 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 

which the Coast Guard will suspend 

enforcement of this safety zone. 

(e) COTP Representative. The COTP’s 

representative may be any Coast Guard 

commissioned, warrant, or petty officer 

or any Federal, state, or local law 

enforcement officer who has been 

designated by the COTP to act on the 

COTP’s behalf. The COTP’s 

representative may be on a Coast Guard 

vessel, a Coast Guard Auxiliary vessel, 

a state or local law enforcement vessel, 

or a location on shore. 

Dated: February 13, 2015. 

J.C. O’Connor III, 

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

Port Boston. 

[FR Doc. 2015–04282 Filed 2–27–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2015–0040] 

RIN 1625–AA87 

Safety Zone; Cooper River Bridge Run, 

Cooper River, and Town Creek 

Reaches, Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard will 

establish a safety zone on the waters of 

Cooper River, and Town Creek Reaches 

in Charleston, South Carolina during the 

Cooper River Bridge Run on March 28, 

2015 from 7:30 a.m. to 10:30 a.m. The 

Cooper River Bridge Run is a 10K run 

across the Arthur Ravenal Bridge. The 

safety zone is necessary for the safety of 

the runners and the general public 

during this event. Persons and vessels 

will be prohibited from entering, 

transiting through, anchoring in, or 

remaining within the safety zone unless 

authorized by the Captain of the Port 

Charleston or a designated 

representative. 

DATES: This rule is effective on March 

28, 2015 and will be enforced from 7:30 

a.m. to 10:30 a.m. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2015–0040. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 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 rule, call or 

email Chief Warrant Officer Christopher 

Ruleman, Sector Charleston Waterways 

Management, U.S. Coast Guard; 

telephone (843) 740–3184, email 

christopher.l.ruleman@uscg.mil. If you 

have questions on viewing the docket, 

call Cheryl Collins, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. 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 

January 23, 2015. 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 the race 

participants, spectators and the general 

public. For the same reason, the Coast 

Guard finds under 5 U.S.C. 552 for good 

cause that the rule should take effect in 

less than 30 days from publication in 

the Federal Register. 

B. Basis and Purpose 

(a) The legal basis for this rule is the 

Coast Guard’s authority to establish 

regulated safety zones and other limited 

access areas: 33 U.S.C. 1231; 33 CFR 

1.05–1, 6.04–1, 6.04–6, 160.5; 

Department of Homeland Security 

Delegation No. 0170. 

(b) The purpose of the rule is to 

ensure the safety of the runners, and the 

general public during the Cooper River 

Bridge Run. 

C. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. The economic impact of this 

rule is not significant for the following 

reasons: (1) The safety zone will only be 

enforced for a total of three hours; (2) 

although persons and vessels may not 

enter, transit through, anchor in, or 

remain within the safety zone without 

authorization from the Captain of the 

Port Charleston or a designated 

representative, they may operate in the 

surrounding area during the 

enforcement period; and (3) the Coast 

Guard will provide advance notification 

of the safety zone to the local maritime 

community by Local Notice to Mariners 

and Broadcast Notice to Mariners. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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. 

(1) This rule would affect the 

following entities, some of which may 

be small entities: The owners or 

operators of vessels intending to transit 

in a portion of the Cooper River, and 

Town Creek Reaches in Charleston, 

South Carolina from 7:30 a.m. until 

10:30 a.m. on March 28, 2015. 

(2) For the reasons discussed in the 

Regulatory Planning and Review section 

above, this rule will not have a 


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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 11127 

significant economic impact on a 

substantial number of small entities. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 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 above. 

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. 

4. 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). 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on 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 

determined that this rule does not have 

implications for federalism. 

6. 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. 

7. 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 expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. 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. 

10. 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. 

11. 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. 

12. 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. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. 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 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 on waters of the Cooper River, and 

Town Creek Reaches, South Carolina 

during the Cooper River Bridge Run on 

Saturday, March 28, 2015. Persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the safety zone unless 

authorized by the Captain of the Port 

Charleston or a designated 

representative. An environmental 

analysis checklist supporting this 

determination and a Categorical 

Exclusion Determination are available 

in the docket where indicated under 

ADDRESSES. This rule is categorically 

excluded from further review under 

paragraph (34)(g) of Figure 2–1 of the 

Commandant Instruction. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add a temporary § 165.T07–0040 to 

read as follows: 

§ 165.T07–0040, Safety Zone; Cooper River 

Bridge Run, Charleston, SC. 

(a) Regulated Area. The rule 

establishes a safety zone on certain 

waters of the Cooper River, and Town 

Creek Reaches, South Carolina. The 

safety zone will consist of a regulated 

area which will be enforced from 7:30 

a.m. until 10:30 a.m. on March 28, 2015. 

The safety zone would create a 

regulated area that will encompass a 

portion of the waterway. All waters of 

the Cooper River, and Town Creek 

Reaches encompassed within the 

following points: 32°48′32′′ N./

079°56′08′′ W., 32°48′20′′ N./079°54′20′′ 

W., 32°47′20′′ N./079°54′29′′ W., 

32°47′20′′ N./079°55′28′′ W. All 


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11128 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 

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 area. 

(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 Captain of the 

Port Charleston or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, or remain within 

the regulated area 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, 

or remain within the regulated area 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 area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement Date. This rule will 

be enforced from 7:30 a.m. until 10:30 

a.m. on March 28, 2015. 

Dated: February 17, 2015. 

B.D. Falk, 

Commander, U.S. Coast Guard, Alternate 

Captain of the Port Charleston. 

[FR Doc. 2015–04286 Filed 2–27–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2014–0152] 

RIN 1625–AA00, 1625–AA87 

Safety and Security Zones, 

Jacksonville Captain of the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard has modified 

several aspects of the safety and security 

zones within the Sector Jacksonville 

Captain of the Port Zone. This action 

was necessary to consolidate, clarify, 

and otherwise modify safety and 

security zone regulations to eliminate 

unnecessary regulations and better meet 

the safety and security needs of the 

Ports of Jacksonville, Fernandina, and 

Canaveral. This action modifies existing 

safety and security zones; establishes 

safety zones governing port regulation 

in the event of natural and other 

disasters; and removes unnecessary or 

superfluous safety and security zones. 

DATES: This rule is effective April 1, 

2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2014–0152. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 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 rule, call or 

email Lieutenant Allan Storm, Sector 

Jacksonville Office of Waterways 

Management, U.S. Coast Guard; 

telephone (904) 564–7563, email 

Allan.H.Storm@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Cheryl 

Collins, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

COTP Captain of the Port 

GRT Gross Register Ton 

A. Regulatory History and Information 

On June 17, 2014, we published a 

Notice of Proposed Rulemaking (NPRM) 

entitled Safety and Security Zones: 

Jacksonville Captain of the Port Zone in 

the Federal Register (79 FR 34674). 

In 1994, the USCG published a safety 

zone around firework barges between 

the Hart and Acosta Bridges within the 

Port of Jacksonville. As of 2008, there 

are 22 special local regulations listed 

under 33 CFR 100.701 which establish 

a 500 yard regulated area around 

various barges for firework display 

events. This regulation revises the 

current regulations to add safety zone 

regulations during natural and other 

disasters. It also implements safety 

zones for all fire work displays in the 

Jacksonville Captain of the Port Zone. 

B. Basis and Purpose 

The legal basis for this rule is the 

Coast Guard’s authority to establish 

regulated navigation areas and limited 

access areas: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 

195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 

160.5; Department of Homeland 

Security Delegation No. 0170.1. 

The purpose of these regulations is to 

ensure the safety of life on navigable 

waters of the United States through the 

addition of regulations applicable 

during disasters and firework displays 

within the Jacksonville Captain of the 

Port Zone. 

C. Discussion of Comments, Changes 

and the Final Rule 

Public meetings were held on June 23, 

2014 in Jacksonville and June 25, 2014 

in Port Canaveral. No comments were 

received during the meetings or the 

NPRM comment period. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. This regulation is not a 

significant regulatory action because 

most of the regulations already exist in 

some form such as special local 

regulations for firework displays. The 

regulations that are being added are not 

expected to have a significant regulatory 

action due to the infrequency of use for 

the safety zones around firework barges. 

The removal of the safety and security 

zone for Blount Island would have no 

effect as the Restricted Area set in place 

by the Army Corps of Engineers will 

remain in effect. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 


wreier-aviles on DSK5TPTVN1PROD with RULES