Special Local Regulation; Low Country Splash, Wando River, Cooper River, and Charleston Harbor, Charleston, SC, 15712-15715 [2014-06268]
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Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Proposed Rules
this regard, that FPA section 305(a) was
promulgated in an era of traditional,
vertically-integrated utilities providing
monopoly services to captive customers,
and Congress wanted to ensure that the
distribution of dividends would not
have any adverse effect on the financial
integrity (and thus the ability to serve)
of any such public utility or its
customers. Since that time, the electric
industry has evolved, and here we
propose to oversee differently the
payment of dividends by non-traditional
utilities, such as merchant generators
and power marketers, who have marketbased rate authority, do not have captive
customers, and do not provide
transmission and local distribution
services, which, as noted, are monopoly
services.
18. For these reasons, we request
comment as to whether the Commission
should adopt a statement of policy that
FPA section 305(a) should be
interpreted as not prohibiting the
payment of dividends from funds in
capital accounts by any public utility
that has a market-based rate tariff on file
with the Commission, does not have
captive customers, and does not provide
transmission or local distribution
services, because such payment of
dividends does not appear to implicate
the concerns underlying the enactment
of FPA section 305(a) and it is thus
appropriate to eliminate this regulatory
burden otherwise applicable under FPA
section 305(a) to such public utilities.
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III. Comment Procedures
19. The Commission invites
comments on this proposed policy
statement within May 20, 2014.
IV. Document Availability
20. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE.,
Room 2A, Washington, DC 20426.
21. From the Commission’s Home
Page on the Internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
22. User assistance is available for
eLibrary and the Commission’s Web site
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during normal business hours from
FERC Online Support at 202–502–6652
(toll free at 1–866–208–3676) or email at
ferconlinesupport@ferc.gov, or the
Public Reference Room at (202) 502–
8371, TTY (202) 502–8659. Email the
Public Reference Room at
public.referenceroom@ferc.gov.
By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014–06162 Filed 3–20–14; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2014–0110
RIN 1625–AA08
Special Local Regulation; Low Country
Splash, Wando River, Cooper River,
and Charleston Harbor, Charleston, SC
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
issue a special local regulation on the
waters of the Wando River, Cooper
River, and Charleston Harbor in
Charleston, SC during the Low Country
Splash in Charleston, SC, on May 24,
2014, from 7 a.m. to 9 a.m. This special
local regulation is necessary to ensure
the safety of participants, spectators,
and the general public during the event.
The special local regulation will
temporarily restrict vessel traffic in a
portion of the Wando River and
Charleston Harbor, preventing nonparticipant vessels 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.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before April 4, 2014. Requests for
public meetings must be received by the
Coast Guard by April 4, 2014.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
DATES:
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Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Chief Warrant Officer Christopher
Ruleman, Sector Charleston Office of
Waterways Management, Coast Guard;
telephone (843) 740–3184, email
Christopher.L.Ruleman@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Cheryl
Collins, 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. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
E:\FR\FM\21MRP1.SGM
21MRP1
Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Proposed Rules
docket number USCG–2014–0110 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Submit a Comment’’ on the
line associated with this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number USCG–2014–0110 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.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
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We do not now plan to hold a public
meeting. But you may submit a request
for one on or before 4 April, 2014, using
one of the methods specified under
ADDRESSES. Please explain why you
believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
B. Basis and Purpose
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 proposed rule is to
ensure safety of life on the navigable
water of the United States during the
Low Country Splash.
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C. Discussion of Proposed Rule
1. Regulatory Planning and Review
On Saturday, May 24, 2014, from 7
a.m. to 9 a.m. the Low Country Splash
is scheduled to take place on the waters
of the Wando River, Cooper River, and
Charleston Harbor. The race will
commence at Daniel Island Pier, transit
south in the Wando River, crossing the
navigational channel at Hobcaw Point
and continue South into Charleston
Harbor. The race will finish at
Charleston Harbor Resort Marina. The
event consists of a large number of
swimmers. There will be safety vessels
preceding the participating swimmers,
and following the last participating
swimmers. This event poses significant
risks to participants, spectators, and the
boating public because of the large
number of swimmers and recreational
vessels that are expected in the area of
the event. The special local regulation is
necessary to ensure the safety of
participants, spectators, and vessels
from the hazards associated with the
event.
The special local regulation will
designate a temporary regulated area on
the Wando River, Cooper River, and
Charleston Harbor in Charleston, South
Carolina. The special local regulation
will be enforced from 7 a.m. until 9 a.m.
on May 24, 2014. Persons and vessels
may not enter, transit through, anchor
in, or remain 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 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 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 special
local regulation by Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
This proposed 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 proposed
rule is not significant for the following
reasons: (1) The special local regulations
will be enforced for a maximum of 2
hours for only one day; (2) nonparticipant persons and vessels may
enter, transit through, anchor in, or
remain within the regulated area during
the enforcement periods if authorized
by the Captain of the Port Charleston or
a designated representative; (3) vessels
not 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 may operate in the
surrounding areas during the
enforcement period; and (4) 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.
D. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
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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 proposed rule will not
have a significant economic impact on
a substantial number of small entities.
This proposed rule may affect the
following entities, some of which may
be small entities: the owner or operators
of vessels intending to enter, transit
through, anchor in, or remain within the
regulated area during the enforcement
period. For the reasons discussed in
Regulatory Planning and Review section
above, this rule will not have a
significant economic impact on a
substantial number of small entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
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Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Proposed Rules
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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 section above. The Coast Guard
will not retaliate against small entities
that question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed 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 proposed rule under that
Order and determined that this rule
does not have implications for
federalism.
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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
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
proposed rule would not result in such
an expenditure, we do discuss the
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effects of this rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed rule is not an
economically significant rule and would
not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, 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.
12. Energy Effects
This proposed rule 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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination
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that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves a special local regulation
issued in conjunction with a regatta or
marine parade. This proposed rule is
categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of the Commandant Instruction. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed 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 proposes to
amend 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 a temporary § 100.35T07–0110
to read as follows:
■
§ 100.35T07–0110 Special Local
Regulation; Low Country Splash, Wando
River, Cooper River, and Charleston Harbor,
Charleston, SC.
(a) Regulated Area. The following
regulated area is established as a special
local regulation. All waters within a
moving zone, beginning at Daniel Island
Pier in approximate position 32°51′20″
N, 079°54′06″ W, South along the coast
of Daniel Island, across the Wando River
to Hobcaw Yacht Club, in approximate
position 32°49′20″ N, 079°53′49″ W,
South along the coast of Mt. Pleasant,
S.C., to Charleston Harbor Resort
Marina, in approximate position
32°47′20″ N, 079°54′39″ W. There will
be a temporary Channel Closer from
approximately 0730 a.m. to 0815 a.m.
on May 24, 2014 between Wando River
Terminal Buoy 3 (LLNR 3305), and
Wando River Terminal Buoy 5 (LLNR
3315). The zone will at all times extend
75 yards both in front of the lead safety
vessel preceding the first race
participants; 75 yards behind the safety
vessel trailing the last race participants;
and at all times extending 100 yards on
either side of participating race and
safety vessels. Information regarding the
identity of the lead safety vessel and the
last safety vessel will be provided 2
days prior to the race via broadcast
notice to mariners and marine safety
information bulletins.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
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Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Proposed Rules
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, except those participating in the
Low Country Splash or serving as safety
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area.
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 and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Charleston or a
designated representative.
(2) The Coast Guard will provide
notice of the regulated area by Marine
Safety Information Bulletins, Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Date. This rule will
be enforced from 7 a.m. to 9 a.m. May
24, 2014.
Dated: March 4, 2014.
R.R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2014–06268 Filed 3–20–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2014–0089]
RIN 1625–AA08
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Special Local Regulation; Stuart
Sailfish Regatta, Indian River; Stuart,
FL
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a special local regulation on
the Indian River located northeast of
Ernest F. Lyons Bridge and south of Joes
Cove, in Stuart, Florida during the
Stuart Sailfish Regatta, a series of high-
SUMMARY:
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speed boat races. The Stuart Sailfish
Regatta will take place from May 16
through May 18, 2014. Approximately
120 high-speed power boats will be
participating in the event. It is
anticipated that at least 100 spectator
vessels will be present during the event.
This special local regulation is
necessary for the safety of race
participants, participant vessels,
spectators and the general public during
the event. The special local regulation
will establish the following three areas:
(1) A race area, where all persons and
vessels, except those participating in the
high-speed boat races, are prohibited
from entering, transiting through,
anchoring in, or remaining within; (2) a
buffer zone around the race area, where
all persons and vessels, except those
persons and vessels enforcing the buffer
zone, or authorized participants or
vessels transiting to the race area, are
prohibited from entering, transiting
through, anchoring in, or remaining
within; and (3) a spectator area, where
all persons are prohibited from entering
the water or swimming in the
designated area.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 21, 2014. Requests for
public meetings must be received by the
Coast Guard on or before April 21, 2014.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer John K. Jennings,
Sector Miami Prevention Department,
Coast Guard; telephone (305) 535–4317,
email John.K.Jennings@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
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15715
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number (USCG–2014–0089) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
E:\FR\FM\21MRP1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Proposed Rules]
[Pages 15712-15715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06268]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2014-0110
RIN 1625-AA08
Special Local Regulation; Low Country Splash, Wando River, Cooper
River, and Charleston Harbor, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to issue a special local regulation
on the waters of the Wando River, Cooper River, and Charleston Harbor
in Charleston, SC during the Low Country Splash in Charleston, SC, on
May 24, 2014, from 7 a.m. to 9 a.m. This special local regulation is
necessary to ensure the safety of participants, spectators, and the
general public during the event. The special local regulation will
temporarily restrict vessel traffic in a portion of the Wando River and
Charleston Harbor, preventing non-participant vessels 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.
DATES: Comments and related material must be received by the Coast
Guard on or before April 4, 2014. Requests for public meetings must be
received by the Coast Guard by April 4, 2014.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Warrant Officer Christopher Ruleman, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email Christopher.L.Ruleman@uscg.mil. If you have questions
on viewing or submitting material to the docket, call Cheryl Collins,
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. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http:[sol][sol]www.regulations.gov and will include
any personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http:[sol][sol]www.regulations.gov, or by fax, mail, or hand delivery,
but please use only one of these means. If you submit a comment online,
it will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to
http:[sol][sol]www.regulations.gov, type the
[[Page 15713]]
docket number USCG-2014-0110 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to
http:[sol][sol]www.regulations.gov, type the docket number USCG-2014-
0110 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before 4 April, 2014, using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
B. Basis and Purpose
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
proposed rule is to ensure safety of life on the navigable water of the
United States during the Low Country Splash.
C. Discussion of Proposed Rule
On Saturday, May 24, 2014, from 7 a.m. to 9 a.m. the Low Country
Splash is scheduled to take place on the waters of the Wando River,
Cooper River, and Charleston Harbor. The race will commence at Daniel
Island Pier, transit south in the Wando River, crossing the
navigational channel at Hobcaw Point and continue South into Charleston
Harbor. The race will finish at Charleston Harbor Resort Marina. The
event consists of a large number of swimmers. There will be safety
vessels preceding the participating swimmers, and following the last
participating swimmers. This event poses significant risks to
participants, spectators, and the boating public because of the large
number of swimmers and recreational vessels that are expected in the
area of the event. The special local regulation is necessary to ensure
the safety of participants, spectators, and vessels from the hazards
associated with the event.
The special local regulation will designate a temporary regulated
area on the Wando River, Cooper River, and Charleston Harbor in
Charleston, South Carolina. The special local regulation will be
enforced from 7 a.m. until 9 a.m. on May 24, 2014. Persons and vessels
may not enter, transit through, anchor in, or remain 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 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 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 special local regulation by Local Notice to
Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed 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 proposed rule is not significant for
the following reasons: (1) The special local regulations will be
enforced for a maximum of 2 hours for only one day; (2) non-participant
persons and vessels may enter, transit through, anchor in, or remain
within the regulated area during the enforcement periods if authorized
by the Captain of the Port Charleston or a designated representative;
(3) vessels not 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 may operate in the
surrounding areas during the enforcement period; and (4) 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
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed rule may affect the following entities, some of which
may be small entities: the owner or operators of vessels intending to
enter, transit through, anchor in, or remain within the regulated area
during the enforcement period. For the reasons discussed in Regulatory
Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity
[[Page 15714]]
and that this rule would have a significant economic impact on it,
please submit a comment (see ADDRESSES) explaining why you think it
qualifies and how and to what degree this rule would economically
affect it.
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 proposed 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
section above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, 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.
12. Energy Effects
This proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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
made a preliminary determination that this action is one of a category
of actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a special
local regulation issued in conjunction with a regatta or marine parade.
This proposed rule is categorically excluded from further review under
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this proposed 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 proposes
to amend 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 a temporary Sec. 100.35T07-0110 to read as follows:
Sec. 100.35T07-0110 Special Local Regulation; Low Country Splash,
Wando River, Cooper River, and Charleston Harbor, Charleston, SC.
(a) Regulated Area. The following regulated area is established as
a special local regulation. All waters within a moving zone, beginning
at Daniel Island Pier in approximate position 32[deg]51[min]20[sec] N,
079[deg]54[min]06[sec] W, South along the coast of Daniel Island,
across the Wando River to Hobcaw Yacht Club, in approximate position
32[deg]49'20'' N, 079[deg]53'49'' W, South along the coast of Mt.
Pleasant, S.C., to Charleston Harbor Resort Marina, in approximate
position 32[deg]47'20'' N, 079[deg]54'39'' W. There will be a temporary
Channel Closer from approximately 0730 a.m. to 0815 a.m. on May 24,
2014 between Wando River Terminal Buoy 3 (LLNR 3305), and Wando River
Terminal Buoy 5 (LLNR 3315). The zone will at all times extend 75 yards
both in front of the lead safety vessel preceding the first race
participants; 75 yards behind the safety vessel trailing the last race
participants; and at all times extending 100 yards on either side of
participating race and safety vessels. Information regarding the
identity of the lead safety vessel and the last safety vessel will be
provided 2 days prior to the race via broadcast notice to mariners and
marine safety information bulletins.
(b) Definition. The term ``designated representative'' means Coast
Guard
[[Page 15715]]
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, except those
participating in the Low Country Splash or serving as safety vessels
are prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area. 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 and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Charleston or a designated
representative.
(2) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
(d) Enforcement Date. This rule will be enforced from 7 a.m. to 9
a.m. May 24, 2014.
Dated: March 4, 2014.
R.R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2014-06268 Filed 3-20-14; 8:45 am]
BILLING CODE 9110-04-P
