Safety Zone; East Coast Drag Boat Bucksport Blowout Boat Race, Waccamaw River, Bucksport, SC, 49666-49669 [2011-20377]
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49666
Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations
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.
wreier-aviles on DSKDVH8Z91PROD with RULES
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)(g), of the Instruction. This rule
involves the creation of safety zones. An
environmental analysis checklist and a
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categorical exclusion determination will
be available in the docket where
indicated under ADDRESSES.
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; 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; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Revise § 165.T13–175 to read as
follows:
■
§ 165.T13–175 Safety Zone; M/V DAVY
CROCKETT, Columbia River
(a) Location: The following area is a
safety zone:
(1) All waters of the Columbia River
encompassed within the following four
points: point one at 45°34′59.74″ N/
122°28′35.00″ W on the Washington
bank of the Columbia River then
proceeding into the river to point two at
45°34′51.42″ N/122°28′35.47″ W, then
proceeding upriver to the third point at
45°34′51.02″ N/122°28′07.32″ W, then
proceeding to the shoreline to the fourth
point on the Washington Bank at
45°34′56.06″ N/122°28′07.36″ W, then
back along the shoreline to point one.
Geographically this encompasses all the
waters within an area starting at
approximately 300 ft upriver from the
M/V DAVY CROCKETT extending to
300 ft abreast of the M/V DAVY
CROCKETT and then ending 300 ft
down river of the M/V DAVY
CROCKETT.
(b) Regulations. In accordance with
the general regulations in 33 CFR part
165, subpart C, no person may enter or
remain in the safety zone created in this
section or bring, cause to be brought, or
allow to remain in the safety zone
created in this section any vehicle,
vessel, or object unless authorized by
the Captain of the Port, Columbia River
or his designated representative.
(c) Enforcement Period. The safety
zone created in this section will be in
effect from August 1, 2011 through
August 31, 2011 unless cancelled sooner
by the Captain of the Port, Columbia
River.
PO 00000
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Dated: July 26, 2011.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port, Columbia River.
[FR Doc. 2011–20375 Filed 8–10–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0672]
RIN 1625–AA00
Safety Zone; East Coast Drag Boat
Bucksport Blowout Boat Race,
Waccamaw River, Bucksport, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of the Waccamaw River
during the East Coast Drag Boat
Bucksport Blowout in Bucksport, South
Carolina. The East Coast Drag Boat
Bucksport Blowout will consist of a
series of high-speed boat races. The
event is scheduled to take place on
Saturday, September 17, 2011 and
Sunday, September 18, 2011. The
temporary safety zone is necessary for
the safety of race participants,
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 from 11:59
a.m. on September 17, 2011 through 7
p.m. on September 18, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0672 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0672 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 temporary
final rule, call or e-mail Ensign John R.
Santorum, Coast Guard Sector
Charleston Waterways Management
SUMMARY:
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Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations
Division at telephone: 843–740–3184,
e-mail John.R.Santorum@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 necessary
information about the event until July 5,
2011. As a result, the Coast Guard did
not have sufficient time to publish an
NPRM and to receive public comments
prior to the event. 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 the race participants,
participant vessels, spectators, and the
general public.
wreier-aviles on DSKDVH8Z91PROD with RULES
Basis and Purpose
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. 1226,
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; Public Law
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No.
0170.1.
The purpose of the rule is to protect
race participants, participant vessels,
spectators, and the general public from
the hazards associated with the highspeed boat races.
Discussion of Rule
On September 17, 2011 and
September 18, 2011, the East Coast Drag
Boat Association will host the East
Coast Drag Boat Bucksport Blowout, a
series of high-speed boat races. The
races will take place from
approximately 11:59 a.m. until 7 p.m.
on each day. The races will be held on
the waters of the Waccamaw River in
Bucksport, South Carolina.
Approximately 30 high-speed power
boats will be participating in the races.
The high speed of the participant
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vessels poses a safety hazard to race
participants, participant vessels,
spectators, and the general public.
The safety zone encompasses certain
waters of the Waccamaw River in
Bucksport, South Carolina. The safety
zone will be enforced daily from 11:59
a.m. until 7 p.m. 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. Persons and
vessels desiring to enter, transit through,
anchor in, or remain within the safety
zone 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 safety zone 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. The Coast
Guard will provide notice of the safety
zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and onscene designated representatives.
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.
Executive Order 12866 and Executive
Order 13563
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, 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.
The economic impact of this rule is
not significant for the following reasons:
(1) The safety zone will be enforced for
a total of just over 14 hours; (2) although
persons and vessels will not be able to
enter, transit through, anchor in, or
remain within the regulated area
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
PO 00000
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49667
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.
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.
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 Waccamaw River
encompassed within the safety zone
from 11:59 a.m. until 7 p.m. on
September 17, 2011 and September 18,
2011. For the reasons discussed in the
Executive Order 12866 and Executive
Order 13563 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
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Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations
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.
wreier-aviles on DSKDVH8Z91PROD with RULES
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.
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Energy Effects
List of Subjects in 33 CFR Part 165
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.
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:
Technical 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 which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a
temporary safety zone that will be
enforced for a total of just over 14 hours.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
Frm 00020
Fmt 4700
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 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.
2. Add a temporary § 165.T07–0672 to
read as follows:
■
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.
PO 00000
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Sfmt 4700
§ 165.T07–0672 Safety Zone; East Coast
Drag Boat Bucksport Blowout Boat Race,
Waccamaw River, Bucksport, SC.
(a) Regulated Area. The following
regulated area is safety zone. All waters
of the Waccamaw River encompassed
within an imaginary line connecting the
following points: starting at Point 1 in
position 33°39′11.46″ N, 79°05′36.78″
W; thence west to Point 2 in position
33°39′12.18″ N, 79°05′47.76″ W; thence
southeast to Point 3 in position
33°38′39.48″ N, 79°05′37.44″ W; thence
northeast to Point 4 in position
33°38′42.3″ N, 79°05′30.6″ W; thence
northwest back to origin. 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
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Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations
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 and Enforcement
Periods. This rule is effective from
11:59 a.m. on September 17, 2011
through 7 p.m. on September 18, 2011.
This rule will be enforced daily from
11:59 a.m. until 7 p.m. on September 17,
2011 and September 18, 2011.
intended to provide accuracy and clarity
to the agency’s regulations.
DATES: This final rule is effective August
11, 2011.
FOR FURTHER INFORMATION CONTACT:
Donald O. Cooke, Air Quality Planning
Unit, U.S. Environmental Protection
Agency, EPA Region 1, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, (Mail code OEP05–2), Boston,
MA 02109–3912, telephone number
(617) 918–1668, fax number (617) 918–
0668, e-mail cooke.donald@epa.gov.
SUPPLEMENTARY INFORMATION:
Dated: August 1, 2011.
M.F. White,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
I. Background
[FR Doc. 2011–20377 Filed 8–10–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 21
RIN 2900–AO10
Vocational Rehabilitation and
Employment Program—Changes to
Subsistence Allowance
Correction
In rule document 2011–19473
appearing on pages 45697–45705 in the
issue of August 1, 2011, make the
following correction:
In the table on page 45703, in the first
row, under the column ‘‘Year dollar’’,
‘‘2010’’ should read ‘‘2012’’.
[FR Doc. C1–2011–19473 Filed 8–10–11; 8:45 am]
BILLING CODE 1505–01–D
II. Statutory and Executive Order
Reviews
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 1, 2, 21, 35, 49, 52, 59,
60, 61, 62, 63, 65, 82, 147, 282, 374, 707,
and 763
[FRL–9449–3]
Change of Address for Region 1;
Technical Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical
amendment.
wreier-aviles on DSKDVH8Z91PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is amending its
regulations to reflect a change in
address for EPA’s Region 1 office. This
action is editorial in nature and is
SUMMARY:
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EPA is amending its regulations in 40
CFR parts 1, 2, 21, 35, 49, 52, 59, 60, 61,
62, 63, 65, 82, 147, 282, 374, 707, and
763 to reflect a change in the address for
EPA’s Region 1 office. This technical
amendment merely updates and corrects
the address for EPA’s Region 1 office.
Consequently, EPA has determined that
today’s rule falls under the ‘‘good
cause’’ exemption in section
553(b)(3)(B) of the Administrative
Procedures Act (APA) which, upon
finding ‘‘good cause,’’ authorizes
agencies to dispense with public
participation and section 553(d)(3)
which allows an agency to make a rule
effective immediately (thereby avoiding
the 30-day delayed effective date
otherwise provided for in the APA).
Under section 553 of the APA, an
agency may find good cause where
procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the address for
Region 1 has changed and immediate
notice in the CFR benefits the public by
updating citations.
This final rule implements technical
amendments to 40 CFR parts 1, 2, 21,
35, 49, 52, 59, 60, 61, 62, 63, 65, 82, 147,
282, 374, 707, and 763 to reflect a
change in the address for EPA’s Region
1 office. It does not otherwise impose or
amend any requirements. Consequently,
under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. The
rule would not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). Because this
action is merely editorial in nature, the
Administrator certifies that it would not
have a significant economic impact on
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49669
a substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The rule does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This action does not have Federalism
implications because it would not have
substantial direct effects 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, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). Additionally, it does
not have Tribal implications because it
would 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, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
This rule also is not an economically
significant regulatory action based on
health or safety risks subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), nor is it subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). It does not involve any
technical standards that require the
Agency’s consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995,
Public Law 104–113, section 12(d) (15
U.S.C. 272 note). Finally, it does not
provide EPA with the discretionary
authority to address, as appropriate,
disproportionate human health or
environmental effects, using practicable
and legally permissible methods under
Executive Order 12898 (59 FR 7629,
February 16, 1994).
III. Congressional Review Act
The Congressional Review Act (CRA),
5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. Section 808 of the
CRA allows the issuing agency to make
a rule effective sooner than otherwise
provided by the CRA, if the agency
E:\FR\FM\11AUR1.SGM
11AUR1
]]>Agencies
[Federal Register Volume 76, Number 155 (Thursday, August 11, 2011)]
[Rules and Regulations]
[Pages 49666-49669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20377]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0672]
RIN 1625-AA00
Safety Zone; East Coast Drag Boat Bucksport Blowout Boat Race,
Waccamaw River, Bucksport, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Waccamaw River during the East Coast Drag Boat Bucksport
Blowout in Bucksport, South Carolina. The East Coast Drag Boat
Bucksport Blowout will consist of a series of high-speed boat races.
The event is scheduled to take place on Saturday, September 17, 2011
and Sunday, September 18, 2011. The temporary safety zone is necessary
for the safety of race participants, 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 from 11:59 a.m. on September 17, 2011
through 7 p.m. on September 18, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0672 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0672 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
temporary final rule, call or e-mail Ensign John R. Santorum, Coast
Guard Sector Charleston Waterways Management
[[Page 49667]]
Division at telephone: 843-740-3184, e-mail John.R.Santorum@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
necessary information about the event until July 5, 2011. As a result,
the Coast Guard did not have sufficient time to publish an NPRM and to
receive public comments prior to the event. 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 the race
participants, participant vessels, spectators, and the general public.
Basis and Purpose
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. 1226, 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; Public Law 107-295, 116
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
The purpose of the rule is to protect race participants,
participant vessels, spectators, and the general public from the
hazards associated with the high-speed boat races.
Discussion of Rule
On September 17, 2011 and September 18, 2011, the East Coast Drag
Boat Association will host the East Coast Drag Boat Bucksport Blowout,
a series of high-speed boat races. The races will take place from
approximately 11:59 a.m. until 7 p.m. on each day. The races will be
held on the waters of the Waccamaw River in Bucksport, South Carolina.
Approximately 30 high-speed power boats will be participating in the
races. The high speed of the participant vessels poses a safety hazard
to race participants, participant vessels, spectators, and the general
public.
The safety zone encompasses certain waters of the Waccamaw River in
Bucksport, South Carolina. The safety zone will be enforced daily from
11:59 a.m. until 7 p.m. 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. Persons and vessels desiring to enter,
transit through, anchor in, or remain within the safety zone 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 safety zone 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.
The Coast Guard will provide notice of the safety zone by Local Notice
to Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.
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.
Executive Order 12866 and Executive Order 13563
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, 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.
The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will be enforced for a total of
just over 14 hours; (2) although persons and vessels will not be able
to enter, transit through, anchor in, or remain within the regulated
area 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.
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. 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
Waccamaw River encompassed within the safety zone from 11:59 a.m. until
7 p.m. on September 17, 2011 and September 18, 2011. For the reasons
discussed in the Executive Order 12866 and Executive Order 13563
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
[[Page 49668]]
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 which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
temporary safety zone that will be enforced for a total of just over 14
hours. An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
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. 1226, 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.T07-0672 to read as follows:
Sec. 165.T07-0672 Safety Zone; East Coast Drag Boat Bucksport Blowout
Boat Race, Waccamaw River, Bucksport, SC.
(a) Regulated Area. The following regulated area is safety zone.
All waters of the Waccamaw River encompassed within an imaginary line
connecting the following points: starting at Point 1 in position
33[deg]39'11.46'' N, 79[deg]05'36.78'' W; thence west to Point 2 in
position 33[deg]39'12.18'' N, 79[deg]05'47.76'' W; thence southeast to
Point 3 in position 33[deg]38'39.48'' N, 79[deg]05'37.44'' W; thence
northeast to Point 4 in position 33[deg]38'42.3'' N, 79[deg]05'30.6''
W; thence northwest back to origin. 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
[[Page 49669]]
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 and Enforcement Periods. This rule is effective
from 11:59 a.m. on September 17, 2011 through 7 p.m. on September 18,
2011. This rule will be enforced daily from 11:59 a.m. until 7 p.m. on
September 17, 2011 and September 18, 2011.
Dated: August 1, 2011.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2011-20377 Filed 8-10-11; 8:45 am]
BILLING CODE 9110-04-P
