Special Local Regulations; Krewe of Charleston Mardi Gras Boat Parade, Charleston Harbor, Charleston, SC, 7701-7703 [2011-2948]

Download as PDF Federal Register / Vol. 76, No. 29 / Friday, February 11, 2011 / Rules and Regulations Dated: February 1, 2011. Adam J. Szubin, Director, Office of Foreign Assets Control. Approved: February 4, 2011. Stuart A. Levey, Under Secretary, Office of Terrorism and Financial Intelligence, Department of the Treasury. call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: [FR Doc. 2011–3040 Filed 2–10–11; 8:45 am] BILLING CODE 4810–AL–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2010–1151] RIN 1625–AA08 Special Local Regulations; Krewe of Charleston Mardi Gras Boat Parade, Charleston Harbor, Charleston, SC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a special local regulation for the Krewe of Charleston Mardi Gras Boat Parade on the Ashley River and in Charleston Harbor in Charleston, South Carolina. This special local regulation is necessary to provide for the safety of life on navigable waters during the marine parade. The special local regulation will temporarily restrict vessel traffic in a portion of the Ashley River and Charleston Harbor, preventing nonparticipant vessels from entering the regulated area. DATES: This rule is effective from 10 a.m. until 2 p.m. on February 12, 2011. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2010– 1151 and are available online by going to http://www.regulations.gov, inserting USCG–2010–1151 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ They are also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 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 e-mail Lieutenant Julie Blanchfield, Sector Charleston Waterways Management Division, Coast Guard; telephone 843–740–3184, e-mail Julie.E.Blanchfield@uscg.mil. If you have questions on viewing the docket, emcdonald on DSK2BSOYB1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:27 Feb 10, 2011 Jkt 223001 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 notice of the Krewe of Charleston Mardi Gras Boat Parade with sufficient time to publish an NPRM in advance of the effective date of this rule. 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 marine parade participants as well as the general public. For the same reason discussed above, 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. The Coast Guard will issue a broadcast notice to mariners to advise mariners of the restriction. 7701 within 500 yards in front of the lead parade vessel; (2) all waters within 100 yards behind the last parade vessel; and (3) all waters within 50 yards on either side of all marine parade participant vessels. Information regarding the identity of the lead parade vessel and the last parade vessel will be provided prior to the marine parade via broadcast notice to mariners and marine safety information bulletins. Persons and vessels are prohibited from entering, transiting through, anchoring, or remaining within the buffer zones unless specifically authorized by the Captain of the Port Charleston or a designated representative. These special local regulations will be effective from 10 a.m. until 2 p.m. on February 12, 2011. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Background and Purpose On February 12, 2011, the Krewe of Charleston Mardi Gras Boat Parade is scheduled to take place. The marine parade will consist of 20 to 30 vessels. The parade will commence at the Charleston City Marina, transit the Ashley River, head north between Shutes Folly Island and the Charleston peninsula, and then turn around in Customhouse Reach. The marine parade will then return to the Charleston City Marina by the same route. The marine parade poses a danger to mariners located in or transiting the area. These special local regulations are necessary to protect marine parade participant vessels, spectator vessels, and other vessels from the hazards associated with the marine parade. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this rule to be so minimal that a full regulatory evaluation is unnecessary. This rule may have some impact on the public, but these potential impacts will be minimal for the following reasons: (1) The rule will be in effect for four hours; (2) although persons and vessel will not be able to enter, transit through, anchor in, or remain within the buffer zones without authorization from the Captain of the Port Charleston or a designated representative, they may operate in the surrounding area during the effective period; (3) persons and vessels may still enter, transit through, anchor in, or remain within the buffer zones if authorized by the Captain of the Port Charleston or a designated representative; and (4) advance notification will be made to the local maritime community via broadcast notice to mariners. Discussion of Rule The special local regulations consist of a series of buffer zones around vessels participating in the Krewe of Charleston Mardi Gras Boat Parade. These buffer zones are as follows: (1) All waters Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM 11FER1 7702 Federal Register / Vol. 76, No. 29 / Friday, February 11, 2011 / Rules and Regulations 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. This rule may affect the following entities, some of which may be small entities: The owners or operators of vessels intending to enter, transit through, anchor in, or remain within that portion of the Ashley River and Charleston Harbor encompassed within the buffer zones from 10 a.m. until 2 p.m. on February 12, 2011. 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. determined that it does not have implications for federalism. Assistance for Small Entities Civil Justice Reform Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offer to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process. 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. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). emcdonald on DSK2BSOYB1PROD with RULES Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have VerDate Mar<15>2010 16:27 Feb 10, 2011 Jkt 223001 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 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. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 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. 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. 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. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 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 concluded 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 is categorically excluded, under figure 2–1, paragraph (34)(h), of the Instruction. This rule involves a special local regulations issued in conjunction with a marine parade. Under figure 2–1, paragraph (34)(h), 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 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. E:\FR\FM\11FER1.SGM 11FER1 Federal Register / Vol. 76, No. 29 / Friday, February 11, 2011 / Rules and Regulations 2. Add a temporary § 100.T07–1151 to read as follows: ■ emcdonald on DSK2BSOYB1PROD with RULES § 100.T07–1151 Special Local Regulations; Krewe of Charleston Mardi Gras Boat Parade, Charleston Harbor, Charleston, SC. (a) Regulated Area. The following buffer zones are regulated areas during the Krewe of Charleston Mardi Gras Boat Parade: All waters within 500 yards in front of the lead parade vessel; all waters within 100 yards behind the last parade vessel; and all waters within 50 yards on either side of all marine parade participant vessels. The identity of the lead parade vessel and the last parade vessel will be provided prior to the marine parade via broadcast notice to mariners and marine safety information bulletins. The parade will commence at the Charleston City Marina, transit the Ashley River, head north between Shutes Folly Island and the Charleston peninsula, and then turn around in Customhouse Reach. The parade will then return to the Charleston City Marina by the same route. (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 areas. (c) Regulations. (1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated areas 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 areas 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 seek authorization. If authorization to enter, transit through, anchor in, or remain within the regulated areas is granted by the Captain of the Port Charleston or a designated representative, all persons and vessels receiving such permission 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 marine parade and regulated areas through advanced notice via broadcast notice to mariners and by on-scene designated representatives. (d) Effective Date. This rule is effective from 10 a.m. until 2 p.m. on February 12, 2011. VerDate Mar<15>2010 16:27 Feb 10, 2011 Jkt 223001 Dated: January 29, 2011. William D. Baumgartner, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2011–2948 Filed 2–10–11; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2010–0838; FRL–8863–9] 1,4-Benzenedicarboxylic Acid, Dimethyl Ester, Polymer With 1,4Butanediol, Adipic Acid, and Hexamethylene Diisocyanate; Exemption From the Requirement of a Tolerance Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes an exemption from the requirement of a tolerance for residues of 1,4-benzenedi carboxylic acid, dimethyl ester, polymer with 1,4-butanediol, adipic acid, and hexamethylene diisocyanate (CAS Reg. No. 55231–08–8), minimum number average molecular weight (in amu) 30,000, when used as an inert ingredient (component of controlled release agent) in honeybee hive miticide formulations under regulations for inert ingredients used pre-harvest (growing crops only). NOP Apiary Products USA, Inc., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 1,4benzenedicarboxylic acid, dimethyl ester, polymer with 1,4-butanediol, adipic acid, and hexamethylene diisocyanate. SUMMARY: This regulation is effective February 11, 2011. Objections and requests for hearings must be received on or before April 12, 2011, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2010–0838. All documents in the docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose DATES: PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 7703 disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at http://www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S– 4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305– 5805. FOR FURTHER INFORMATION CONTACT: Kerry Leifer, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 308–8811; e-mail address: leifer. kerry@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How can I get electronic access to other related information? You may access a frequently updated electronic version of 40 CFR part 180 through the Government Printing Office’s e-CFR site at http:// www.gpoaccess.gov/ecfr. E:\FR\FM\11FER1.SGM 11FER1

Agencies

[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Rules and Regulations]
[Pages 7701-7703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2948]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-1151]
RIN 1625-AA08


Special Local Regulations; Krewe of Charleston Mardi Gras Boat 
Parade, Charleston Harbor, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a special local regulation for 
the Krewe of Charleston Mardi Gras Boat Parade on the Ashley River and 
in Charleston Harbor in Charleston, South Carolina. This special local 
regulation is necessary to provide for the safety of life on navigable 
waters during the marine parade. The special local regulation will 
temporarily restrict vessel traffic in a portion of the Ashley River 
and Charleston Harbor, preventing non-participant vessels from entering 
the regulated area.

DATES: This rule is effective from 10 a.m. until 2 p.m. on February 12, 
2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-1151 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-1151 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 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 e-mail Lieutenant Julie Blanchfield, Sector Charleston 
Waterways Management Division, Coast Guard; telephone 843-740-3184, e-
mail Julie.E.Blanchfield@uscg.mil. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

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 
notice of the Krewe of Charleston Mardi Gras Boat Parade with 
sufficient time to publish an NPRM in advance of the effective date of 
this rule. 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 marine parade participants as well as the 
general public.
    For the same reason discussed above, 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. The Coast 
Guard will issue a broadcast notice to mariners to advise mariners of 
the restriction.

Background and Purpose

    On February 12, 2011, the Krewe of Charleston Mardi Gras Boat 
Parade is scheduled to take place. The marine parade will consist of 20 
to 30 vessels. The parade will commence at the Charleston City Marina, 
transit the Ashley River, head north between Shutes Folly Island and 
the Charleston peninsula, and then turn around in Customhouse Reach. 
The marine parade will then return to the Charleston City Marina by the 
same route. The marine parade poses a danger to mariners located in or 
transiting the area. These special local regulations are necessary to 
protect marine parade participant vessels, spectator vessels, and other 
vessels from the hazards associated with the marine parade.

Discussion of Rule

    The special local regulations consist of a series of buffer zones 
around vessels participating in the Krewe of Charleston Mardi Gras Boat 
Parade. These buffer zones are as follows: (1) All waters within 500 
yards in front of the lead parade vessel; (2) all waters within 100 
yards behind the last parade vessel; and (3) all waters within 50 yards 
on either side of all marine parade participant vessels. Information 
regarding the identity of the lead parade vessel and the last parade 
vessel will be provided prior to the marine parade via broadcast notice 
to mariners and marine safety information bulletins. Persons and 
vessels are prohibited from entering, transiting through, anchoring, or 
remaining within the buffer zones unless specifically authorized by the 
Captain of the Port Charleston or a designated representative. These 
special local regulations will be effective from 10 a.m. until 2 p.m. 
on February 12, 2011.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a 
full regulatory evaluation is unnecessary. This rule may have some 
impact on the public, but these potential impacts will be minimal for 
the following reasons: (1) The rule will be in effect for four hours; 
(2) although persons and vessel will not be able to enter, transit 
through, anchor in, or remain within the buffer zones without 
authorization from the Captain of the Port Charleston or a designated 
representative, they may operate in the surrounding area during the 
effective period; (3) persons and vessels may still enter, transit 
through, anchor in, or remain within the buffer zones if authorized by 
the Captain of the Port Charleston or a designated representative; and 
(4) advance notification will be made to the local maritime community 
via broadcast notice to mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities.

[[Page 7702]]

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. This rule may affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
enter, transit through, anchor in, or remain within that portion of the 
Ashley River and Charleston Harbor encompassed within the buffer zones 
from 10 a.m. until 2 p.m. on February 12, 2011. 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 concluded 
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 is categorically excluded, under figure 2-1, paragraph (34)(h), of 
the Instruction. This rule involves a special local regulations issued 
in conjunction with a marine parade. Under figure 2-1, paragraph 
(34)(h), 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 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


[[Page 7703]]


0
2. Add a temporary Sec.  100.T07-1151 to read as follows:


Sec.  100.T07-1151  Special Local Regulations; Krewe of Charleston 
Mardi Gras Boat Parade, Charleston Harbor, Charleston, SC.

    (a) Regulated Area. The following buffer zones are regulated areas 
during the Krewe of Charleston Mardi Gras Boat Parade: All waters 
within 500 yards in front of the lead parade vessel; all waters within 
100 yards behind the last parade vessel; and all waters within 50 yards 
on either side of all marine parade participant vessels. The identity 
of the lead parade vessel and the last parade vessel will be provided 
prior to the marine parade via broadcast notice to mariners and marine 
safety information bulletins. The parade will commence at the 
Charleston City Marina, transit the Ashley River, head north between 
Shutes Folly Island and the Charleston peninsula, and then turn around 
in Customhouse Reach. The parade will then return to the Charleston 
City Marina by the same route.
    (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 
areas.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
areas 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 areas 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 seek authorization. If 
authorization to enter, transit through, anchor in, or remain within 
the regulated areas is granted by the Captain of the Port Charleston or 
a designated representative, all persons and vessels receiving such 
permission 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 marine parade and 
regulated areas through advanced notice via broadcast notice to 
mariners and by on-scene designated representatives.
    (d) Effective Date. This rule is effective from 10 a.m. until 2 
p.m. on February 12, 2011.

    Dated: January 29, 2011.
William D. Baumgartner,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2011-2948 Filed 2-10-11; 8:45 am]
BILLING CODE 9110-04-P