[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Rules and Regulations]
[Pages 25408-25410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09220]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0295]
RIN 1625-AA00


Safety Zone; Motus Myrtle Beach Triathlon, Myrtle Beach, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
certain waters of the Atlantic Intracoastal Waterway, near Myrtle 
Beach, SC. This action is necessary to ensure the safety of life on 
navigable waters of the United States during the Motus Myrtle Beach 
Triathlon Swim event. During the enforcement period, no person or 
vessel may enter, transit through, anchor in, or remain within the 
designated area unless authorized by the Captain of the Port Charleston 
(COTP) or a designated representative.

DATES: This rule is effective from 7:30 a.m. to 9:30 a.m., on May 1, 
2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0295 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
temporary final rule, call or email LCDR Chad Ray, Sector Charleston 
Office of Waterways Management, Coast Guard; telephone (843) 740-3184, 
email <a href="/cdn-cgi/l/email-protection#92d1faf3f6bcdebcc0f3ebd2e7e1f1f5bcfffbfe"><span class="__cf_email__" data-cfemail="4b08232a2f650765192a320b3e38282c65262227">[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.'' The primary justification for this action is that the Coast 
Guard was given short notice from the event sponsor, that the dates 
would not align with the dates of the event in the special local 
regulation. Therefore, it is impracticable to publish an NPRM because 
we lack sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule. It would be 
impracticable and contrary to the public interest to delay promulgating 
this rule, as it is necessary to protect the safety of participants, 
spectators, and vessels transiting near the race area during the Motus 
Myrtle Beach Triathalon event on May 1, 2022.
    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 impracticable because the safety zone must be 
established by May, 1, 2022 to ensure the safety of life on navigable 
waters of the United States during the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Charleston (COTP) has determined that 
potential hazards associated with the large number of participants and 
spectators during the swim will be a safety concern. The purpose of the 
rule is to ensure the safety of participants, spectators, the general 
public, vessels and the navigable waters in the safety zone before, 
during and after the scheduled swim.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7:30 a.m. until 9:30 a.m., 
on May 1, 2022. The safety zone will cover certain waters of the 
Atlantic Intracoastal Waterway near near Myrtle Beach, South Carolina 
during the Motus Myrtle Beach Triathalon event. The duration of the 
safety zone is intended to ensure the safety of the participants, 
spectators, and the general public during the scheduled 7:30 a.m. to 
9:30 a.m. race. No vessel or person will be permitted to enter, transit 
through, anchor in or remain within the safety zone without obtaining 
permission from the COTP or a designated representative. If 
authorization to enter, transit through, anchor in, or remain within 
the saftey zone is granted by the COTP or a designated representative, 
all persons and vessels receiving such authorization must comply with 
the instructions of the COTP or a designated representative. The COTP 
will inform the public of the safety zone by Local Notice to Mariners, 
Broadcast Notice to Mariners, or by on-scene designated 
representatives.

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

[[Page 25409]]

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 the following 
reasons: (1) The safety zone only being enforced for a total of two 
hours; (2) although persons and vessels may not enter, transit through, 
anchor in, or remain within the zone without authorization from the 
COTP or a designated representative, they may operate in the 
surrounding area during the enforcement period; and (3) persons and 
vessels may still enter, transit through, anchor in, or remain within 
the areas during the enforcement period if authorized by the COTP or a 
designated representative.

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 involves a 
safety zone that will prohibit persons and vessels from entering, 
transiting through, anchoring in, or remaining within a limited area 
along the Atlantic Intracoastal Waterway, near Myrtle Beach, SC during 
a swim event lasting two hours. It is categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

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 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

0
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, Revision No. 01.2.


0
2. Add Sec.  165.T07-0295 to read as follows:.


Sec.  165.T07-0295  Safety Zone; Motus Myrtle Beach; Myrtle Beach, SC.

    (a) Location. The following is a safety zone: Certain waters of the 
Atlantic Intracoastal Waterway within the

[[Page 25410]]

following two points of position and the North shore: 33[deg]45'03'' N, 
78[deg]50'47'' W to 33[deg]45'18'' N, 78[deg]50'14'' W, located in 
Myrtle Beach, South Carolina.
    (b) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel and a Federal, State, and local officer designated by or 
assisting the Captain of the Port Charleston (COTP) in the enforcement 
of the safety zone.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
safety zone unless authorized by the COTP 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 COTP Charleston 
by telephone at (843) 740-7050, or a designated representative via VHF 
radio on channel 16, to request authorization. If authorization is 
granted, all persons and vessels receiving such authorization must 
comply with the instructions of the COTP Charleston or a designated 
representative.
    (d) Enforcement period. This rule will be enforced from May 1, 2022 
from 7:30 a.m. until 9:30 a.m.

    Dated: April 22, 2022.
J.D. Cole,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2022-09220 Filed 4-28-22; 8:45 am]
BILLING CODE 9110-04-P


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