[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Rules and Regulations]
[Pages 46115-46117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17711]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0639]
RIN 1625-AA08


Special Local Regulation; Low Country Splash Open Water Swim, 
Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on 
the waters of the Wando River, Cooper River, and Charleston Harbor in 
Charleston, SC. This action is necessary to provide for the safety of 
life on navigable waters during the Low Country Splash Open Water Swim. 
This rulemaking would restrict persons and vessels from entering 
certain waters of the Wando River, Cooper River, and Charleston Harbor, 
unless authorized by Sector Charleston Captain of the Port or a 
designated representative.

DATES: This rule is affective from 7 a.m. until 11 a.m., on September 
18, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0639 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 <a href="/cdn-cgi/l/email-protection#27644f4643096b0975465e6752544440094a4e4b"><span class="__cf_email__" data-cfemail="c685aea7a2e88ae894a7bf86b3b5a5a1e8abafaa">[email protected]</span></a>.

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 Coast Guard 
has published a special local regulation for this event in 33 CFR 
100.704, Table 1 to Sec.  100.704, Line No. 4; however, the existing 
special location regulation is dated for the first week of May while 
this year's event is scheduled for September 18, 2021.
    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 Low Country Splash Open 
Water Swim taking place on September 18, 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 Low Country Splash Open Water 
Swim 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 Low Country Splash Open 
Water Swim event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 7 a.m. until 
11 a.m., on September 18, 2021. The special local regulation will cover 
all navigable waters within a moving zone, beginning at Daniel Island 
Pier, south along the

[[Page 46116]]

coast of Daniel Island, across the Wando River to Hobcaw Yacht Club, 
south along the coast of Mt. Pleasant, S.C., to Charleston Harbor 
Resort Marina. 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. 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; (4) the regulated 
area will impact small designated areas of Wando River, Cooper River, 
and Charleston Harbor 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, Rev. 1, associated implementing instructions, and 
Environmental Planning 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 4 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:

[[Page 46117]]

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.T07-0084 to read as follows:


Sec.  100.T07-0084   Special Local Regulation; Low Country Splash Open 
Water Swim, Wando River, Cooper River, and Charleston Harbor; 
Charleston, SC.

    (a) Location. All waters within a moving zone, beginning at Daniel 
Island Pier in approximate position 32[deg]51'20'' N, 079[deg]54'06'' 
W, south along the coast of Daniel Island, across the Wando River to 
Hobcaw Yacht Club, in approximate position 32[deg]49'20'' N, 
079[deg]53'49'' W, south along the coast of Mt. Pleasant, S.C., to 
Charleston Harbor Resort Marina, in approximate position 32[deg]47'20'' 
N, 079[deg]54'39'' W.
    (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 7 a.m. 
until 11 a.m., on September 18, 2021.

    Dated: August 11, 2021.
J.D. Cole,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2021-17711 Filed 8-17-21; 8:45 am]
BILLING CODE 9110-04-P


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