Special Local Regulations; Dragging on the Waccamaw, Atlantic Intracoastal Waterway; Bucksport, SC, 16704-16707 [2014-06441]
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16704
Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Proposed Rules
emcdonald on DSK67QTVN1PROD with PROPOSALS
FDA is interested in further comment
and information regarding manners and
locations for posting consumer
notifications for the 14-day time period
specified in section 417(h).
Issue 4: Other Issues
Question 4a: As noted previously, the
term ‘‘reportable food’’ does not include
dietary supplements or infant formula
(see sections 201(ff) and 417(a)(2) of the
FD&C Act). Further, as discussed
previously, section 417(f) of the FD&C
Act, as amended by FSMA, provides
that FDA may require a responsible
party to submit to FDA ‘‘consumeroriented information’’ regarding a
reportable food with the exception of
fruits and vegetables that are raw
agricultural commodities. Based on
these exceptions and exclusions,
responsible parties may not submit to
FDA consumer-oriented information,
under section 417(f) of the FD&C Act,
for dietary supplements, infant formula,
and fruits and vegetables that are raw
agricultural commodities. There may be
potential public health impacts if
consumer notifications for reportable
foods do not include information on
dietary supplements, infant formula,
and fruits and vegetables that are raw
agricultural commodities, particularly if
the public believes that such consumer
notifications are meant to encompass all
food products regulated by FDA. FDA
seeks comments or other information on
whether consumer notifications posted
by chain grocery stores, as specified by
section 417(h) of the FD&C Act, should
include information advising consumers
that such notifications do not cover
certain foods, such as a statement
asserting that the consumer notifications
do not include reportable food or recall
information for dietary supplements,
infant formula, and fruits and vegetables
that are raw agricultural commodities,
and consumers should consult FDA’s
Web site for any relevant information
for these products.
Question 4b: There may be a situation
where FDA is aware of a class 1 recall
for a reportable food for which a
responsible party would be required to
submit to FDA consumer-oriented
information for such reportable food
under section 417(f) of the FD&C Act,
but the responsible party failed to
submit such information to FDA. In
such situations, should FDA prepare
and publish a one-page summary of
consumer-oriented information, if
known, for such reportable food, and
require chain grocery stores that sold
the reportable food to post such
summary or the information from such
summary, as specified in section 417(h)
of the FD&C Act?
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IV. Comments
Interested persons may submit either
electronic comments regarding this
document to https://www.regulations.gov
or written comments to the Division of
Dockets Management (see ADDRESSES). It
is only necessary to send one set of
comments. Identify comments with the
docket number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday, and
will be posted to the docket at https://
www.regulations.gov.
Please note that this is not related to
the request in the Federal Register of
May 25, 2010 (75 FR 29350) (Docket No.
FDA–2009–D–0260), for comments
regarding the finalization of the current
RFR, 2d Edition, draft guidance.
Dated: March 20, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014–06614 Filed 3–25–14; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2014–0097]
RIN 1625–AA08
Special Local Regulations; Dragging
on the Waccamaw, Atlantic
Intracoastal Waterway; Bucksport, SC
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish special local regulations on the
Atlantic Intracoastal Waterway in
Bucksport, South Carolina during the
Outboard Drag Boat Association (ODBA)
dragging on the Waccamaw, a series of
high-speed boat races. The event is
scheduled to take place from 10:30 a.m.
on June 21, 2014, through 8:30 p.m. on
June 22, 2014. Approximately 50 highspeed race boats are anticipated to
participate in the races. These special
local regulations are necessary to
provide for the safety of life and
property on navigable waters of the
United States during the event. These
special local regulations would
temporarily restrict vessel traffic in a
portion of the Atlantic Intracoastal
Waterway. Persons and vessels that are
not participating in the races would be
prohibited from entering, transiting
through, anchoring in, or remaining
SUMMARY:
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within the restricted area unless
authorized by the Captain of the Port
Charleston or a designated
representative.
Comments and related material
must be received by the Coast Guard on
or before April 25, 2014. Requests for
public meetings must be received by the
Coast Guard on or before April 15, 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 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:
DATES:
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.
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Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Proposed Rules
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–2014–0097] 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.
emcdonald on DSK67QTVN1PROD with PROPOSALS
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–2014–0097) 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).
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4. Public Meeting
We do not now plan to hold a public
meeting, but you may submit a request
for one on or before April 15, 2014 using
one of the four 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.
For information on facilities or services
for individuals with disabilities or to
request special assistance at the public
meeting, contact the person named in
the FOR FURTHER INFORMATION CONTACT
section, above.
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 and property
on the navigable waters of the United
States during the ODBA Dragging on the
Waccamaw boat races.
C. Discussion of Proposed Rule
On Saturday, June 21, 2014, and
Sunday, June 22, 2014 the Outboard
Drag Boat Association (ODBA) will host
‘‘Dragging on the Waccamaw,’’ a series
of high-speed boat races. The event will
be held on a portion of the Atlantic
Intracoastal Waterway in Bucksport,
South Carolina. Approximately 50 highspeed race boats are anticipated to
participate in the races.
The proposed rule would establish a
special local regulation that encompass
certain waters of the Intracoastal
Waterway in Bucksport, South Carolina.
The special local regulation would be
enforced daily from 10:30 a.m. until
8:30 p.m. on June 21, 2014 through June
22, 2014. The special local regulation
would consist of a regulated area around
vessels participating in the event. The
regulated area would be as follows: All
waters of the Atlantic Intracoastal
Waterway encompassed within the
following points; starting at point 1 in
position 33°39′11.46″ N 079°05′36.78″
W; thence west to point 2 in position
33°39′12.18″ N 079°05′47.76″ W; thence
south to point 3 in position 33°38′39.48″
N 079°05′37.44″ W; thence east to point
4 in position 33°38′42.3″ N 079°05′30.6″
W; thence north back to origin. All
coordinates are North American Datum
1983. Persons and vessels, except those
participating in the race, would be
prohibited from entering, transiting
through, anchoring, or remaining within
the regulated area unless specifically
authorized by the Captain of the Port
Charleston or a designated
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representative. Persons and vessels
would be able to request authorization
to enter, transit through, anchor in, or
remain within the regulated area by
contacting the Captain of the Port
Charleston by telephone at (843) 740–
7050, or a designated representative via
VHF radio on channel 16. 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 would be
required to comply with the instructions
of the Captain of the Port Charleston or
a designated representative. The Coast
Guard would 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 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 would be enforced for only
seventeen hours over a two-day period;
(2) although persons and vessels would
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
would be able to operate in the
surrounding area during the
enforcement periods; (3) persons and
vessels would still be able to enter,
transit through, anchor in, or remain
within the regulated area if authorized
by the Captain of the Port Charleston or
a designated representative; and (4) the
Coast Guard would provide advance
notification of the regulated area to the
local maritime community by Local
Notice to Mariners and Broadcast Notice
to Mariners.
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Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Proposed Rules
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 owners or
operators of vessels intending to enter,
transit through, anchor in, or remain
within that portion of the Atlantic
Intracoastal Waterway encompassed
within the regulated area from 10:30
a.m. until 8:30 p.m. on June 21, 2014
and June 22, 2014. For the reasons
discussed in the Regulatory Planning
and Review section above, this
proposed rule would 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
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.
emcdonald on DSK67QTVN1PROD with PROPOSALS
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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, 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
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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.
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.
6. Protest Activities
12. Energy Effects
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 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
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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). The
Coast Guard previously completed an
environmental assessment for this event
and regulation in 2013. The event and
regulation for the 2013 occurrence is
similar in all aspects to this year’s event
and regulation; therefore the same
environmental assessment and
supplemental environmental assessment
are being referenced for this year’s event
and regulation. The environmental
assessment is available in the docket
folder for USCG–2013–0102 at
www.regulations.gov. This proposed
rule involves establishing a special local
regulation issued in conjunction with a
regatta or marine parade, that will be
enforced from 10:30 a.m. on June 21,
2014, until 8:30 p.m. on June 22, 2014.
This 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:
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Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Proposed Rules
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.T07–0097 to
read as follows:
■
emcdonald on DSK67QTVN1PROD with PROPOSALS
§ 100.T07–0097 Special Local Regulations;
Dragging on the Waccamaw, Atlantic
Intracoastal Waterway, Bucksport, SC.
This section establishes a special local
regulation on certain waters of the
Atlantic Intracoastal Waterway in
Bucksport, South Carolina. The special
local regulation will consist of a
regulated area which will be enforced
daily from 10:30 a.m. until 8:30 p.m., on
June 21, 2014 and June 22, 2014. The
special local regulation would consist of
a regulated area around vessels
participating in the event.
(a) Regulated Area. All waters of the
Atlantic Intracoastal Waterway
encompassed within the following
points; starting at point 1 in position
33°39′11.46″ N 079°05′36.78″ W; thence
west to point 2 in position 33°39′12.18″
N 079°05′47.76″ W; thence south to
point 3 in position 33°38′39.48″ N
079°05′37.44″ W; thence east to point 4
in position 33°38′42.3″ N 079°05′30.6″
W; thence north 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 areas.
(c) Regulations. (1) All persons and
vessels, except those participating in the
Dragging on the Waccamaw, 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
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Safety Information Bulletins, Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Date. This section
will be enforced daily from 10:30 a.m.
until 8:30 p.m. on June 21, 2014 and
June 22, 2014.
Dated: March 4, 2014.
R. R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2014–06441 Filed 3–25–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED–2014–OSERS–0022]
Proposed Priority—National Institute
on Disability and Rehabilitation
Research—Rehabilitation Research
and Training Centers
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Proposed priority.
AGENCY:
[CFDA Number: 84.133B–5.]
The Assistant Secretary for
Special Education and Rehabilitative
Services proposes a priority for the
Rehabilitation Research and Training
Center (RRTC) Program administered by
the National Institute on Disability and
Rehabilitation Research (NIDRR).
Specifically, this notice proposes a
priority for an RRTC on Improving
Employment Outcomes for Individuals
with Psychiatric Disabilities. We take
this action to focus research attention on
an area of national need. We intend this
priority to contribute to improved
employment outcomes for individuals
with psychiatric.
DATES: We must receive your comments
on or before April 25, 2014.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
duplicate copies, please submit your
comments only once. In addition, please
include the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
SUMMARY:
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16707
viewing the docket, is available on the
site under ‘‘Are you new to the site?’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about these proposed
regulations, address them to Patricia
Barrett, U.S. Department of Education,
400 Maryland Avenue SW., Room 5142,
Potomac Center Plaza (PCP),
Washington, DC 20202–2700.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT:
Patricia Barrett. Telephone: (202) 245–
6211 or by email: patricia.barrett@
ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION: This
notice of proposed priority is in concert
with NIDRR’s currently approved LongRange Plan (Plan). The Plan, which was
published in the Federal Register on
April 4, 2013 (78 FR 20299), can be
accessed on the Internet at the following
site: www.ed.gov/about/offices/list/
osers/nidrr/policy.html.
The Plan identifies a need for research
and training regarding employment of
individuals with disabilities. To address
this need, NIDRR seeks to: (1) Improve
the quality and utility of disability and
rehabilitation research; (2) foster an
exchange of research findings, expertise,
and other information to advance
knowledge and understanding of the
needs of individuals with disabilities
and their family members, including
those from among traditionally
underserved populations; (3) determine
effective practices, programs, and
policies to improve community living
and participation, employment, and
health and function outcomes for
individuals with disabilities of all ages;
(4) identify research gaps and areas for
promising research investments; (5)
identify and promote effective
mechanisms for integrating research and
practice; and (6) disseminate research
findings to all major stakeholder groups,
including individuals with disabilities
and their family members in formats
that are appropriate and meaningful to
them.
This notice proposes one priority that
NIDRR intends to use for one or more
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Agencies
[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Proposed Rules]
[Pages 16704-16707]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06441]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2014-0097]
RIN 1625-AA08
Special Local Regulations; Dragging on the Waccamaw, Atlantic
Intracoastal Waterway; Bucksport, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The Coast Guard proposes to establish special local
regulations on the Atlantic Intracoastal Waterway in Bucksport, South
Carolina during the Outboard Drag Boat Association (ODBA) dragging on
the Waccamaw, a series of high-speed boat races. The event is scheduled
to take place from 10:30 a.m. on June 21, 2014, through 8:30 p.m. on
June 22, 2014. Approximately 50 high-speed race boats are anticipated
to participate in the races. These special local regulations are
necessary to provide for the safety of life and property on navigable
waters of the United States during the event. These special local
regulations would temporarily restrict vessel traffic in a portion of
the Atlantic Intracoastal Waterway. Persons and vessels that are not
participating in the races would be prohibited from entering,
transiting through, anchoring in, or remaining within the restricted
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 25, 2014. Requests for public meetings must be
received by the Coast Guard on or before April 15, 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 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.
[[Page 16705]]
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-2014-0097] 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 https://www.regulations.gov,
type the docket number (USCG-2014-0097) 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 April 15, 2014 using one of the four
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. For information on facilities or
services for individuals with disabilities or to request special
assistance at the public meeting, contact the person named in the FOR
FURTHER INFORMATION CONTACT section, above.
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 and property on the navigable
waters of the United States during the ODBA Dragging on the Waccamaw
boat races.
C. Discussion of Proposed Rule
On Saturday, June 21, 2014, and Sunday, June 22, 2014 the Outboard
Drag Boat Association (ODBA) will host ``Dragging on the Waccamaw,'' a
series of high-speed boat races. The event will be held on a portion of
the Atlantic Intracoastal Waterway in Bucksport, South Carolina.
Approximately 50 high-speed race boats are anticipated to participate
in the races.
The proposed rule would establish a special local regulation that
encompass certain waters of the Intracoastal Waterway in Bucksport,
South Carolina. The special local regulation would be enforced daily
from 10:30 a.m. until 8:30 p.m. on June 21, 2014 through June 22, 2014.
The special local regulation would consist of a regulated area around
vessels participating in the event. The regulated area would be as
follows: All waters of the Atlantic Intracoastal Waterway encompassed
within the following points; starting at point 1 in position
33[deg]39'11.46'' N 079[deg]05'36.78'' W; thence west to point 2 in
position 33[deg]39'12.18'' N 079[deg]05'47.76'' W; thence south to
point 3 in position 33[deg]38'39.48'' N 079[deg]05'37.44'' W; thence
east to point 4 in position 33[deg]38'42.3'' N 079[deg]05'30.6'' W;
thence north back to origin. All coordinates are North American Datum
1983. Persons and vessels, except those participating in the race,
would be prohibited from entering, transiting through, anchoring, or
remaining within the regulated area unless specifically authorized by
the Captain of the Port Charleston or a designated representative.
Persons and vessels would be able to request authorization to enter,
transit through, anchor in, or remain within the regulated area by
contacting the Captain of the Port Charleston by telephone at (843)
740-7050, or a designated representative via VHF radio on channel 16.
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 would be required to comply with the instructions of the
Captain of the Port Charleston or a designated representative. The
Coast Guard would 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 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 would be enforced for only seventeen
hours over a two-day period; (2) although persons and vessels would 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 would be able to
operate in the surrounding area during the enforcement periods; (3)
persons and vessels would still be able to enter, transit through,
anchor in, or remain within the regulated area if authorized by the
Captain of the Port Charleston or a designated representative; and (4)
the Coast Guard would provide advance notification of the regulated
area to the local maritime community by Local Notice to Mariners and
Broadcast Notice to Mariners.
[[Page 16706]]
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 owners or
operators of vessels intending to enter, transit through, anchor in, or
remain within that portion of the Atlantic Intracoastal Waterway
encompassed within the regulated area from 10:30 a.m. until 8:30 p.m.
on June 21, 2014 and June 22, 2014. For the reasons discussed in the
Regulatory Planning and Review section above, this proposed rule would
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 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 (Public Law 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, 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 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). The
Coast Guard previously completed an environmental assessment for this
event and regulation in 2013. The event and regulation for the 2013
occurrence is similar in all aspects to this year's event and
regulation; therefore the same environmental assessment and
supplemental environmental assessment are being referenced for this
year's event and regulation. The environmental assessment is available
in the docket folder for USCG-2013-0102 at www.regulations.gov. This
proposed rule involves establishing a special local regulation issued
in conjunction with a regatta or marine parade, that will be enforced
from 10:30 a.m. on June 21, 2014, until 8:30 p.m. on June 22, 2014.
This 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:
[[Page 16707]]
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.T07-0097 to read as follows:
Sec. 100.T07-0097 Special Local Regulations; Dragging on the
Waccamaw, Atlantic Intracoastal Waterway, Bucksport, SC.
This section establishes a special local regulation on certain
waters of the Atlantic Intracoastal Waterway in Bucksport, South
Carolina. The special local regulation will consist of a regulated area
which will be enforced daily from 10:30 a.m. until 8:30 p.m., on June
21, 2014 and June 22, 2014. The special local regulation would consist
of a regulated area around vessels participating in the event.
(a) Regulated Area. All waters of the Atlantic Intracoastal
Waterway encompassed within the following points; starting at point 1
in position 33[deg]39'11.46'' N 079[deg]05'36.78'' W; thence west to
point 2 in position 33[deg]39'12.18'' N 079[deg]05'47.76'' W; thence
south to point 3 in position 33[deg]38'39.48'' N 079[deg]05'37.44'' W;
thence east to point 4 in position 33[deg]38'42.3'' N 079[deg]05'30.6''
W; thence north 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
areas.
(c) Regulations. (1) All persons and vessels, except those
participating in the Dragging on the Waccamaw, 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 section will be enforced daily from
10:30 a.m. until 8:30 p.m. on June 21, 2014 and June 22, 2014.
Dated: March 4, 2014.
R. R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2014-06441 Filed 3-25-14; 8:45 am]
BILLING CODE 9110-04-P