Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 22103 

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 guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a determination that this 

action is one of a category of actions 

which do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

simply promulgates the operating 

regulations or procedures for 

drawbridges. This rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), 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 117 

Bridges. 

Accordingly, the interim rule 

amending 33 CFR part 117 which was 

published at 79 FR 56651 on September 

23, 2014, is adopted as a final rule with 

the following change: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Amend § 117.988 by adding 

paragraph (g) to read as follows: 

§ 117.988 Taylor Bayou Outfall Canal 

(Joint Outfall Canal (JOC)). 

* * * * * 

(g) If the bridge is required to operate 

outside of the specified times, the bridge 

will be tended until it is returned to the 

open-to-navigation position. 

Dated: March 20, 2015. 

Kevin S. Cook, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. 2015–09037 Filed 4–20–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2015–0169] 

RIN 1625–AA00 

Cincinnati Reds Season Fireworks; 

Ohio River Mile 470.1–470.4; 

Cincinnati, OH 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for the Cincinnati Reds 

Season Fireworks on the Ohio River, 

from mile marker 470.1 and ending at 

470.4, extending 500 feet from the State 

of Ohio shoreline. This rule is effective 

during specific home games during the 

regular baseball season. Should the 

Cincinnati Reds make the playoffs and 

have additional home games, the Coast 

Guard will provide advance notification 

of enforcement periods via Broadcast 

Notices to Mariners, Local Notices to 

Mariners, and/or Marine Safety 

Information Bulletins as appropriate. 

This action is needed to protect vessels 

transiting the area and event spectators 

from the hazard associated with the 

Cincinnati Reds Barge-based Fireworks. 

During the enforcement period, entry 

into, transiting, or anchoring in the 

safety zone is prohibited to all vessels 

not registered with the sponsor as 

participants or official patrol vessels, 

unless specifically authorized by the 

Captain of the Port (COTP) Ohio Valley 

or a designated representative. 

DATES: The regulations in 33 CFR 

165.801, Table No. 1, Line no. 2 will be 

enforced from 9 p.m. through 11:30 p.m. 

on April 24, May 15, May 29, June 5, 

June 19, July 3, July 4, July 17, July 31, 

August 21, September 4, September 11, 

and September 25, 2015. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice of 

enforcement, call or email Kevin Cador, 

MSD Cincinnati, U.S. Coast Guard at 

telephone 513–921–9033, email 

Kevin.L.Cador@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety Zone for 

the Cincinnati Reds Season Fireworks 

listed in 33 CFR 165.801, Table No. 1, 

Line no. 2. These regulations can be 

found in the electronic version of the 

Code of Federal Regulations, under 33 

CFR 165.801( ). 

Under the provisions of 33 CFR 

165.801, a vessel may not enter the safe 

zone, unless it receives permission from 

the COTP Ohio Valley or a designated 

representative. Persons or vessels 

desiring to enter into or passage through 

the safety zone must request permission 

from the COTP Ohio Valley or 

designated representative. If permission 

is granted, all persons and vessels shall 

comply with the instructions of the 

COTP Ohio Valley or designated 

representative. 

This notice is issued under authority 

of 33 CFR 165.801 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with extensive 

advance notification of this enforcement 

period via the Local Notice to Mariners 

(LNM) and Broadcast Notice to Mariners 

(BNM). If the COTP Ohio Valley 

determines that the regulated area need 

not be enforced for the full duration 

stated in the notice, he or she may use 

a BNM to grant general permission to 

enter the regulated area. 

Dated: March 30, 2015. 

R.V. Timme, 

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

Port Ohio Valley. 

[FR Doc. 2015–09279 Filed 4–20–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2015–0019] 

RIN 1625–AA00 

Safety Zone; Xterra Swim, Myrtle 

Beach, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

during the Xterra swim, a swimming 

race occurring on waters of the 

Intracoastal Waterway in Myrtle Beach, 

South Carolina. The Xterra Swim is 

scheduled to take place on Sunday, May 

3, 2015. The temporary safety zone is 

necessary for the safety of the 

swimmers, participant vessels, 

spectators, and the general public 

during the event. 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. 

DATES: This rule is effective and will be 

enforced from 7:30 a.m. until 8:30 a.m. 

on May 3, 2015. 


tkelley on DSK3SPTVN1PROD with RULES
22104 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2015–0019. 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 Barbara Hairston, 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 History and Information 

On March 2, 2015, we published a 

notice of proposed rulemaking entitled 

Safety Zone; Xterra Swim, Myrtle 

Beach, SC in the Federal Register (76 

FR 246). We received no comments on 

the proposed rule. No public meeting 

was requested, and none was held. 

B. Basis and Purpose 

(a) The legal basis for the rule is the 

Coast Guard’s authority to establish 

regulated navigation areas and other 

limited access areas: 33 U.S.C. 1231; 50 

U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 

6.04–6, 160.5; Department of Homeland 

Security Delegation No. 0170.1. 

(b) The purpose of the rule is to 

ensure the safety of the swimmers, 

participant vessels, spectators, and the 

general public during the Xterra Swim. 

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 1 hour; (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; (3) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the safety 

zone if authorized by the Captain of the 

Port Charleston or a designated 

representative; and (4) 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 

or anchor in a portion of the Intracoastal 

Waterway in Myrtle Beach, South 

Carolina from 7:30 a.m. until 8:30 a.m. 

on May 3, 2015. 

(2) 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. 

3. Assistance for Small Entities 

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, 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 an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 


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Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 22105 

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 

temporary safety zone on waters of the 

Intracoastal Waterway in Myrtle Beach, 

South Carolina during the Xterra Swim 

event on Sunday, May 3, 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. 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; 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.T07–0019 to read as 

follows: 

§ 165.T07–0019 Safety Zone; Xterra Swim, 

Myrtle Beach, SC. 

(a) Regulated area. The following 

regulated area is a safety zone: all waters 

within the following two points of 

position and the North shore: 33°45.076 

N., 78°50.790 W. to 33°45.323 N., 

78°50.214 W. The Xterra Swim race 

consists of approximately 150 

swimmers. 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 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, anchor in, 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, anchor in, 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) Effective date. This rule is 

effective on May 3, 2015. This rule will 

be enforced from 7:30 a.m. until 8:30 

a.m. on Sunday, May 3, 2015. 

Dated: April 9, 2015. 

B.D. Falk, 

Commander, U.S. Coast Guard, Captain of 

the Port Charleston. 

[FR Doc. 2015–09047 Filed 4–20–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2015–0121] 

Safety Zones; Fireworks Events in 

Captain of the Port New York Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

various safety zones within the Captain 

of the Port New York Zone on the 

specified dates and times. This action is 

necessary to ensure the safety of vessels 

and spectators from hazards associated 

with fireworks displays. During the 

enforcement period, no person or vessel 

may enter the safety zones without 

permission of the Captain of the Port 

(COTP). 

DATES: The regulation for the safety 

zones described in 33 CFR 165.160 will 

be enforced on the dates and times 

listed in the table below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this document, 

call or email Lieutenant Douglas 

Neumann, Coast Guard; telephone 718– 

354–4154, email douglas.w.neumann@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

The Coast Guard will enforce the 

safety zones listed in 33 CFR 165.160 on 

the specified dates and times as 

indicated in Table 1 below. This 

regulation was published in the Federal 


tkelley on DSK3SPTVN1PROD with RULES