Special Local Regulations; Charleston Race Week, Charleston Harbor; Charleston, SC, 19100-19103 [2013-07287]
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19100
Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations
omitted insurance as a mandatory
provision for WEELs and the standard
language that BIA may treat any
provision of a lease document that
violates Federal law as a violation of the
lease. This document corrects those
errors.
List of Subjects in 25 CFR Part 162
Indians—lands.
Accordingly, 25 CFR part 162 is
corrected by making the following
correcting amendments:
Dated: March 7, 2013.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
DEPARTMENT OF THE INTERIOR
[FR Doc. 2013–07225 Filed 3–28–13; 8:45 am]
BILLING CODE 4310–6W–P
30 CFR Part 1206
Product Valuation
DEPARTMENT OF THE TREASURY
26 CFR Part 1
PART 162—LEASES and PERMITS
[TD 9612]
■
Authority: 5 U.S.C. 301, R.S. 463 and 465;
25 U.S.C. 2 and 9. Interpret or apply sec. 3,
26 Stat. 795, sec. 1, 28 Stat. 305, secs. 1, 2,
31 Stat. 229, 246, secs. 7, 12, 34 Stat. 545,
34 Stat. 1015, 1034, 35 Stat. 70, 95, 97, sec.
4, 36 Stat. 856, sec. 1, 39 Stat. 128, 41 Stat.
415, as amended, 751, 1232, sec. 17, 43 Stat.
636, 641, 44 Stat. 658, as amended, 894,
1365, as amended, 47 Stat. 1417, sec. 17, 48
Stat. 984, 988, 49 Stat. 115, 1135, sec. 55, 49
Stat. 781, sec. 3, 49 Stat. 1967, 54 Stat. 745,
1057, 60 Stat. 308, secs. 1, 2, 60 Stat. 962,
sec. 5, 64 Stat. 46, secs. 1, 2, 4, 5, 6, 64 Stat.
470, 69 Stat. 539, 540, 72 Stat. 968, 107 Stat.
2011, 108 Stat. 4572, March 20, 1996, 110
Stat. 4016; 25 U.S.C. 380, 393, 393a, 394, 395,
397, 402, 402a, 403, 403a, 403b, 403c, 409a,
413, 415, 415a, 415b, 415c, 415d, 416, 477,
635, 2201 et seq., 3701, 3702, 3703, 3712,
3713, 3714, 3715, 3731, 3733, 4211; 44 U.S.C.
3101 et seq.
§ 162.105
[Amended]
2. In § 162.105, paragraph (a), remove
the words ‘‘a agricultural lease’’ and
add, in their place, the words ‘‘an
agricultural lease.’’
■
§ 162.106
3. In § 162.106, paragraph (a), remove
the words ‘‘a lease’’ wherever they
appear and add, in their place, the
words ‘‘an agricultural lease.’’
■ 4. In § 162.513, revise paragraph (a)
introductory text, paragraphs (a)(6) and
(a)(7), and add paragraphs (a)(8) and (e)
to read as follows:
§ 162.513 Are there mandatory provisions
a WEEL must contain?
(a) All WEELs must identify:
*
*
*
*
(6) Payment requirements and late
payment charges, including interest;
(7) Due diligence requirements, under
§ 162.517; and
(8) Insurance requirements, under
§ 162.527.
*
*
*
*
*
(e) We may treat any provision of a
lease document that violates Federal
law as a violation of the lease.
*
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RIN 1545–BA53
Noncompensatory Partnership Options
[FR Doc. 2013–07512 Filed 3–28–13; 8:45 am]
Correction
BILLING CODE 1505–01–D
In rule document 2013–2259
appearing on pages 7997–8016 in the
issue of Tuesday, February 5, 2013,
make the following correction:
DEPARTMENT OF HOMELAND
SECURITY
§ 1.704–1
Coast Guard
[Corrected]
In § 1.704–1, on page 8012, the second
table should appear as follows:
VerDate Mar<15>2010
15:14 Mar 28, 2013
Jkt 229001
33 CFR Part 100
[Docket No. USCG–2013–0081]
Basis
Total ...........
Liabilities and Capital:
K ........................
L .........................
M ........................
RIN 1625–AA08
$24,000
$12,000
$33,000
$12,000
Special Local Regulations; Charleston
Race Week, Charleston Harbor;
Charleston, SC
$36,000
$45,000
AGENCY:
$13,000
$13,000
$10,000
$15,000
$15,000
$15,000
ACTION:
$36,000
Assets:
Property D .........
Cash ..................
Value
$45,000
[Amended]
■
CFR Correction
In Title 30 of the Code of Federal
Regulations, Parts 700 to End, revised as
of July 1, 2012, on page 742, in
§ 1206.57(d)(3) the reference to
‘‘§ 1218.54’’ is corrected to read
‘‘§ 1218.56’’, and on page 761, in
§ 1206.117(a), the reference to
‘‘§ 218.54’’ is corrected to read
‘‘§ 1218.54’’.
Internal Revenue Service
1. The authority citation continues to
read as follows:
Surface Mining Reclamation and
Enforcement
[FR Doc. C1–2013–02259 Filed 3–29–13; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 31
Employment Taxes and Collection of
Income Tax at Source
CFR Correction
In Title 26 of the Code of Federal
Regulations, Parts 30 to 39, revised as of
April 1, 2012, on page 301, in
§ 31.3406(b)(3)–2, in paragraph (b)(5),
the language ‘‘§ 5f.6045–1(c)(3)(x)’’ is
removed and ‘‘§ 1.6045–1(c)(3)(x)’’ is
added in its place.
[FR Doc. 2013–07509 Filed 3–28–13; 8:45 am]
BILLING CODE 1505–01–D
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Coast Guard, DHS.
Temporary final rule.
SUMMARY: The Coast Guard is
establishing a special local regulation on
the waters of Charleston Harbor in
Charleston, South Carolina during
Charleston Race Week, a series of
sailboat races. From Thursday, April 18,
2013, until Sunday, April 21, 2013,
approximately 300 sailboats are
anticipated to participate in these races,
and approximately 15 spectator vessels
are expected to watch the event. A
special local regulation is necessary to
provide for the safety of life on the
navigable waters of the United States
during the races. This special local
regulation consists of three race areas.
Except for those persons and vessels
participating in the sailboat races,
persons and vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within any of the race
areas unless authorized by the Captain
of the Port Charleston or a designated
representative.
This rule is effective from 7:30
a.m. on April 18, 2013, until 5 p.m. on
April 21, 2013. This rule will be
enforced daily from 7:30 a.m. until 5:30
DATES:
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Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations
p.m. on April 18, 2013, through April
21, 2013.
ADDRESSES: Documents indicated in this
preamble are part of docket USCG–
2013–0081. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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, telephone (843) 740–3184,
email Christopher.L.Ruleman@uscg.mil.
If you have questions on viewing the
docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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A. 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 doing
so would be impracticable. The Coast
Guard did not receive necessary
information about the event until
February 11, 2013. As a result, the Coast
Guard did not have sufficient time to
publish an NPRM and to receive public
comments prior to the event. Immediate
action is needed to minimize potential
danger to the race participants,
participant vessels, spectators and the
general public.
Under 5 U.S.C. 553(d)(3), for the same
reasons mentioned above, the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
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15:14 Mar 28, 2013
Jkt 229001
Register because immediate action is
needed to minimize potential danger to
the race participants, participant
vessels, spectators and the general
public.
B. Basis and Purpose
From April 18, 2013, until April 21,
2013, Charleston Ocean Racing
Association will host three sailboat
races on Charleston Harbor in
Charleston, South Carolina during
Charleston Race Week. Approximately
300 sailboats will be participating in the
three races. It is anticipated that at least
15 spectator vessels will be present
during the races.
The legal basis for the rule is the
Coast Guard’s authority to establish
special local regulations: 33 U.S.C.
1233. The purpose of the rule is to
ensure safety of life on navigable waters
of the United States during three
Charleston Race Week sailboat races.
C. Discussion of the Final Rule
The rule establishes a special local
regulation on certain waters of
Charleston Harbor in Charleston, South
Carolina. The special local regulation
will be enforced daily from 7:30 a.m.
until 5:30 p.m. on April 18, 2013,
through April 21, 2013. The special
local regulation consists of the following
three race areas.
1. Race Area #1. All waters
encompassed within an 800 yard radius
of position 32°46′39″ N, 79°55′10″ W.
2. Race Area #2. All waters
encompassed within a 900 yard radius
of position 32°45′48″ N, 79°54′46″ W.
3. Race Area #3. All waters
encompassed within a 900 yard radius
of position 32°45′44″ N, 79°53′32″ W.
Except for those persons and vessels
participating in the sailboat races,
persons and vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within any of the race
areas unless specifically 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 any of the
race 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 request authorization. If
authorization to enter, transit through,
anchor in, or remain within the race
areas 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
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19101
regulated areas by Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
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) Although persons and vessels will
not be able to enter, transit through,
anchor in, or remain within the
regulated areas without authorization
from the Captain of the Port Charleston
or a designated representative, they may
operate in the surrounding area during
the enforcement periods; (2) persons
and vessels may still enter, transit
through, anchor in, or remain within the
regulated areas if authorized by the
Captain of the Port Charleston or a
designated representative; and (3) the
Coast Guard will provide advance
notification of the special local
regulation 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.
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 the
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Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations
waters of Charleston Harbor
encompassed within the three regulated
areas between 7:30 a.m. and 5:30 p.m.,
from April 18, 2013, until April 21,
2013. 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).
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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
15:14 Mar 28, 2013
Jkt 229001
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
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
VerDate Mar<15>2010
jeopardizing the safety or security of
people, places or vessels.
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.
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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 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 involves a
special local regulation issued in
conjunction with a regatta or marine
parade. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Commandant Instruction.
We seek any comments or information
that may lead to the discovery of a
significant.
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.
2. Add § 100.T07–0081 to read as
follows:
■
§ 100.T07–0081 Special Local Regulation;
Charleston Race Week, Charleston Harbor;
Charleston, SC.
(a) Regulated Areas. The following
regulated areas are established as a
special local regulation. All coordinates
are North American Datum 1983.
(1) Race Area #1. All waters
encompassed within an 800 yard radius
of position 32°46′39″ N, 79°55′10″ W.
(2) Race Area #2. All waters
encompassed within a 900 yard radius
of position 32°45′48″ N, 79°54′46″ W.
(3) Race Area #3. All waters
encompassed within a 900 yard radius
of position 32°45′44″ N, 79°53′32″ W.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Charleston in the
enforcement of the regulated areas.
(c) Regulations.
(1) Except for those person and
vessels participating in the sailboat
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Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations
races, all persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within any of the three 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 any of 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 request
authorization. If authorization to enter,
transit through, anchor in, or remain
within any of the regulated areas 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 areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Period. This rule will
be enforced from 7:30 a.m. until 5:30
p.m. each day from April 18, 2013
through April 21, 2013.
Dated: March 19, 2013.
Michael F. White, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2013–07287 Filed 3–28–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0166]
RIN 1625–AA00
Safety Zone; Spanish Navy School
Ship San Sebastian El Cano Escort;
Bahia de San Juan; San Juan, PR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is
establishing a temporary moving safety
zone on the waters of Bahia de San Juan
during the transit of the Spanish Navy
School Ship San Sebastian El Cano, a
public vessel, and during their 21 gun
salute in accordance with the military
tradition of vessel proving that it is
unarmed upon entrance into a foreign
country. The safety zone is necessary to
protect the public from the hazards
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15:14 Mar 28, 2013
Jkt 229001
associated with the 21 gun salute near
the Bar Channel entrance, and to protect
the high ranking officials on board the
Spanish Navy School Ship San
Sebastian El Cano. The inbound escort
is scheduled to take place on Saturday,
April 6, 2013, and will entail an escort
of the Spanish Navy School Ship San
Sebastian El Cano and 21 gun salute.
The outbound escort is scheduled to
take place on Wednesday, April 10,
2013. The safety zone is necessary to
ensure the safety of high ranking
officials, commercial traffic, spectators,
and the general public on the navigable
waters of the United States during the
transit and salute. 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 San Juan or
a designated representative.
DATES: This rule is effective from 8 a.m.
on April 6, 2013, until 10 a.m. on April
10, 2013. This rule will be enforced
from 8 a.m. until 9:30 a.m. on April 6,
2013, and from 8 a.m. until 10 a.m. on
April 10, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0166]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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 Anthony
Cassisa, Sector San Juan Prevention
Department, U.S. Coast Guard;
telephone (787) 289–2073, email
Anthony.J.Cassisa@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment pursuant to
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19103
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. The Coast Guard did not
receive the request for an escort and
safety zone nor a confirmed itinerary,
from the Office of Puerto Rican
Secretary of State with 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 impracticable because immediate
action is needed to minimize potential
danger to high ranking officials and the
general public.
Under 5 U.S.C. 553(d)(3), for the same
reasons as above, the Coast Guard finds
that good cause exists for making this
rule effective less than 30 days after
publication in the Federal Register.
B. Basis and Purpose
On April 6, 2013, the Spanish Navy
School Ship San Sebastian El Cano, a
public vessel will be transiting in with
high ranking officials to honor and
return the remains of Captain Ramon
Power y Giralt, a famous and respected
Puerto Rican Navy Captain. The escort
will be held on the waters of Bahia de
San Juan, San Juan, Puerto Rico of the
Spanish Navy School Ship San
Sebastian El Cano, and will include a 21
gun salute near the Bar Channel
entrance.
The purpose of the rule is to protect
high ranking officials on board the
Spanish Navy School Ship San
Sebastian El Cano and the public from
the hazards associated with the 21 gun
salute over navigable waters of the
United States.
The legal basis for the rule is the U.
S. 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.
C. Discussion of the Final Rule
The safety zone encompasses certain
waters of Bahia de San Juan, San Juan,
Puerto Rico. The safety zone will be
enforced from 8 a.m. to 9:30 a.m. on
April 6, 2013, and from 8 a.m. to 10 a.m.
on April 10, 2013.
E:\FR\FM\29MRR1.SGM
29MRR1
]]>Agencies
[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Rules and Regulations]
[Pages 19100-19103]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07287]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0081]
RIN 1625-AA08
Special Local Regulations; Charleston Race Week, Charleston
Harbor; Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of Charleston Harbor in Charleston, South Carolina during
Charleston Race Week, a series of sailboat races. From Thursday, April
18, 2013, until Sunday, April 21, 2013, approximately 300 sailboats are
anticipated to participate in these races, and approximately 15
spectator vessels are expected to watch the event. A special local
regulation is necessary to provide for the safety of life on the
navigable waters of the United States during the races. This special
local regulation consists of three race areas. Except for those persons
and vessels participating in the sailboat races, persons and vessels
are prohibited from entering, transiting through, anchoring in, or
remaining within any of the race areas unless authorized by the Captain
of the Port Charleston or a designated representative.
DATES: This rule is effective from 7:30 a.m. on April 18, 2013, until 5
p.m. on April 21, 2013. This rule will be enforced daily from 7:30 a.m.
until 5:30
[[Page 19101]]
p.m. on April 18, 2013, through April 21, 2013.
ADDRESSES: Documents indicated in this preamble are part of docket
USCG-2013-0081. To view documents mentioned in this preamble as being
available in the docket, go to https://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, telephone
(843) 740-3184, email Christopher.L.Ruleman@uscg.mil. If you have
questions on viewing the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. 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 doing so would be impracticable. The
Coast Guard did not receive necessary information about the event until
February 11, 2013. As a result, the Coast Guard did not have sufficient
time to publish an NPRM and to receive public comments prior to the
event. Immediate action is needed to minimize potential danger to the
race participants, participant vessels, spectators and the general
public.
Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register because
immediate action is needed to minimize potential danger to the race
participants, participant vessels, spectators and the general public.
B. Basis and Purpose
From April 18, 2013, until April 21, 2013, Charleston Ocean Racing
Association will host three sailboat races on Charleston Harbor in
Charleston, South Carolina during Charleston Race Week. Approximately
300 sailboats will be participating in the three races. It is
anticipated that at least 15 spectator vessels will be present during
the races.
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure safety of life on navigable waters of the United
States during three Charleston Race Week sailboat races.
C. Discussion of the Final Rule
The rule establishes a special local regulation on certain waters
of Charleston Harbor in Charleston, South Carolina. The special local
regulation will be enforced daily from 7:30 a.m. until 5:30 p.m. on
April 18, 2013, through April 21, 2013. The special local regulation
consists of the following three race areas.
1. Race Area #1. All waters encompassed within an 800 yard radius
of position 32[deg]46'39'' N, 79[deg]55'10'' W.
2. Race Area #2. All waters encompassed within a 900 yard radius of
position 32[deg]45'48'' N, 79[deg]54'46'' W.
3. Race Area #3. All waters encompassed within a 900 yard radius of
position 32[deg]45'44'' N, 79[deg]53'32'' W.
Except for those persons and vessels participating in the sailboat
races, persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within any of the race areas unless
specifically 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 any of the race 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
request authorization. If authorization to enter, transit through,
anchor in, or remain within the race areas 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 regulated areas by Local
Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
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) Although persons and vessels will not be able to
enter, transit through, anchor in, or remain within the regulated areas
without authorization from the Captain of the Port Charleston or a
designated representative, they may operate in the surrounding area
during the enforcement periods; (2) persons and vessels may still
enter, transit through, anchor in, or remain within the regulated areas
if authorized by the Captain of the Port Charleston or a designated
representative; and (3) the Coast Guard will provide advance
notification of the special local regulation 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. 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 the
[[Page 19102]]
waters of Charleston Harbor encompassed within the three regulated
areas between 7:30 a.m. and 5:30 p.m., from April 18, 2013, until April
21, 2013. 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 the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and 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 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 involves a special local regulation issued in conjunction with a
regatta or marine parade. This rule is categorically excluded, under
figure 2-1, paragraph (34)(h), of the Commandant Instruction. We seek
any comments or information that may lead to the discovery of a
significant.
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.
0
2. Add Sec. 100.T07-0081 to read as follows:
Sec. 100.T07-0081 Special Local Regulation; Charleston Race Week,
Charleston Harbor; Charleston, SC.
(a) Regulated Areas. The following regulated areas are established
as a special local regulation. All coordinates are North American Datum
1983.
(1) Race Area #1. All waters encompassed within an 800 yard radius
of position 32[deg]46'39'' N, 79[deg]55'10'' W.
(2) Race Area #2. All waters encompassed within a 900 yard radius
of position 32[deg]45'48'' N, 79[deg]54'46'' W.
(3) Race Area #3. All waters encompassed within a 900 yard radius
of position 32[deg]45'44'' N, 79[deg]53'32'' W.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
(c) Regulations.
(1) Except for those person and vessels participating in the
sailboat
[[Page 19103]]
races, all persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within any of the three 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 any of 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 request authorization.
If authorization to enter, transit through, anchor in, or remain within
any of the regulated areas 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 areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement Period. This rule will be enforced from 7:30 a.m.
until 5:30 p.m. each day from April 18, 2013 through April 21, 2013.
Dated: March 19, 2013.
Michael F. White, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2013-07287 Filed 3-28-13; 8:45 am]
BILLING CODE 9110-04-P
