[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Rules and Regulations]
[Pages 54583-54585]
[FR Doc No: 2013-21635]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0322]
RIN 1625-AA00

Safety Zone; Swim Around Charleston, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
during the Swim Around Charleston, a swimming race occurring on waters
of the Wando River, the Cooper River, Charleston Harbor, and the Ashley
River, in Charleston, South Carolina. The Swim Around Charleston is
scheduled to take place on September 29, 2013. 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 will be enforced from 9:15 a.m. until 3:30 p.m. on
September 29, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0322. 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<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On June 14, 2013, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Swim Around Charleston, Charleston, SC in
the Federal Register. 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; 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.
    (b) The purpose of the rule is to ensure the safety of the
swimmers, participant vessels, spectators, and the general public
during the Swim Around Charleston.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard did not receive any comments to the proposed rule,
and no changes were made to the regulatory text.

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. 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 six hours; (2) the safety
zone will move with the participant vessels so that once the swimmers
clear a portion of the waterway, the safety zone will no longer be
enforced in that portion of the waterway; (3) 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; (4) 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 (5) 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 Wando River, the Cooper River,
Charleston Harbor, or the Ashley River in Charleston, South Carolina
from 9:15 a.m. until 3:30 p.m. on September 29, 2013.
    (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.

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 moving safety zone on
waters of the Wando River, the Cooper River, Charleston Harbor, and the
Ashley River, in Charleston, South Carolina during the Swim Around
Charleston event on Sunday, September 29, 2013. 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

0
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.

0
2. Add a temporary Sec.  165.T07-0322 to read as follows:

Sec.  165.T07-0322  Safety Zone; Swim Around Charleston, Charleston,
SC.

    (a) Regulated Area. The following regulated area is a moving safety
zone:

All waters within a 75-yard radius around Swim Around Charleston
participant vessels that are officially associated with the swim. The
Swim Around Charleston swimming race consists of a 10-mile course that
starts at Remley's Point on the Wando River in approximate position
32[deg]48'49'' N, 79[deg]54'27'' W, crosses the main shipping channel
of Charleston Harbor, and finishes at the General William B.
Westmoreland Bridge on the Ashley River in approximate position
32[deg]50'14'' N, 80[deg]01'23'' 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
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<PHONE_NUMBER>, 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 from 9:15 a.m. until
3:30 p.m. on September 29, 2013.

    Dated: August 14, 2013.
R.R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2013-21635 Filed 9-4-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Notices]
[Page 6256]
[FR Doc No: 2016-02252]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG16-42-000.
    Applicants: Enterprise Solar, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Enterprise Solar, LLC.
    Filed Date: 2/1/16.
    Accession Number: 20160201-5412.
    Comments Due: 5 p.m. ET 2/22/16.

    Docket Numbers: EG16-43-000.
    Applicants: Escalante Solar I, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Escalante Solar I, LLC.
    Filed Date: 2/1/16.
    Accession Number: 20160201-5413.
    Comments Due: 5 p.m. ET 2/22/16.

    Docket Numbers: EG16-44-000.
    Applicants: Escalante Solar II, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Escalante Solar II, LLC.
    Filed Date: 2/1/16.
    Accession Number: 20160201-5419.
    Comments Due: 5 p.m. ET 2/22/16.

    Docket Numbers: EG16-45-000.
    Applicants: Escalante Solar III, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Escalante Solar III, LLC.
    Filed Date: 2/1/16.
    Accession Number: 20160201-5420.
    Comments Due: 5 p.m. ET 2/22/16.

    Docket Numbers: EG16-46-000.
    Applicants: Granite Mountain Solar East, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Granite Mountain Solar East, LLC.
    Filed Date: 2/1/16.
    Accession Number: 20160201-5422.
    Comments Due: 5 p.m. ET 2/22/16.

    Docket Numbers: EG16-47-000.
    Applicants: Granite Mountain Solar West, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Granite Mountain Solar West, LLC.
    Filed Date: 2/1/16.
    Accession Number: 20160201-5425.
    Comments Due: 5 p.m. ET 2/22/16.

    Docket Numbers: EG16-48-000.
    Applicants: Iron Springs Solar, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Iron Springs Solar, LLC.
    Filed Date: 2/1/16.
    Accession Number: 20160201-5428.
    Comments Due: 5 p.m. ET 2/22/16.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER12-2302-004.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2016-02-01_SSR 2016 Compliance
Filing to be effective 9/24/2012.
    Filed Date: 2/1/16.
    Accession Number: 20160201-5365.
    Comments Due: 5 p.m. ET 2/22/16.

    Docket Numbers: ER16-292-000.
    Applicants: Northern Virginia Electric Cooperative, Inc.
    Description: Northern Virginia Electric Cooperative, Inc. submits
tariff filing per 35.19a(b): Refund Report to be effective N/A.
    Filed Date: 2/1/16.
    Accession Number: 20160201-5462.
    Comments Due: 5 p.m. ET 2/22/16.

    Docket Numbers: ER16-634-000.
    Applicants: AltaGas Pomona Energy Inc.
    Description: Supplement to December 24, 2015 AltaGas Pomona Energy
Inc. tariff filing.
    Filed Date: 1/29/16.
    Accession Number: 20160129-5044.
    Comments Due: 5 p.m. ET 2/19/16.

    Docket Numbers: ER16-841-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2016-02-01_SA 1559 ITC
Midwest-FPL Energy GIA (G113) to be effective 2/2/2016.
    Filed Date: 2/1/16.
    Accession Number: 20160201-5272.
    Comments Due: 5 p.m. ET 2/22/16.

    Docket Numbers: ER16-842-000.
    Applicants: Kay Wind, LLC.
    Description: Sec.  205(d) Rate Filing: Kay Wind Tariff Amendment
Filing to be effective 2/2/2016.
    Filed Date: 2/1/16.
    Accession Number: 20160201-5414.
    Comments Due: 5 p.m. ET 2/22/16.

    Docket Numbers: ER16-843-000.
    Applicants: Kentucky Utilities Company.
    Description: Sec.  205(d) Rate Filing: Conformed KU Muni Contracts
Rate Case Settlements to be effective 2/2/2016.
    Filed Date: 2/1/16.
    Accession Number: 20160201-5458.
    Comments Due: 5 p.m. ET 2/22/16.

    Docket Numbers: ER16-844-000.
    Applicants: Midcontinent Independent System Operator, Inc.,
Consumers Energy Company.
    Description: Sec.  205(d) Rate Filing: 2016-02-01_Rate Schedule 11
Michigan Joint Zone RAA to be effective 4/1/2016.
    Filed Date: 2/1/16.
    Accession Number: 20160201-5466.
    Comments Due: 5 p.m. ET 2/22/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
may be considered, but intervention is necessary to become a party to
the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 1, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-02252 Filed 2-4-16; 8:45 am]
BILLING CODE 6717-01-P