Safety Zones; 9-11 Patriot Festival, Charleston Harbor, Charleston, SC, 29392-29395 [2014-11806]
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Proposed Rules
(A) The positive percent agreement
for the device when testing for Influenza
A and Influenza B must be at least at the
80 percent point estimate with a lower
bound of the 95 percent confidence
interval that is greater than or equal to
70 percent.
(B) The negative percent agreement
estimate for the device when testing for
Influenza A and Influenza B must be at
least at the 95 percent point estimate
with a lower bound of the 95 percent
confidence interval that is greater than
or equal to 90 percent.
(2) When performing testing to
demonstrate the device meets the
requirements in paragraph (b)(1) of this
section, a currently appropriate and
FDA accepted comparator method must
be used to establish assay performance
in clinical studies.
(3) Annual analytical reactivity testing
of the device must be performed with
contemporary influenza strains. This
annual analytical reactivity testing must
meet the following criteria:
(i) The appropriate strains to be tested
will be identified by FDA in
consultation with the Centers for
Disease Control and Prevention (CDC)
and sourced from CDC or a CDCdesignated source. If the annual strains
are not available from CDC, FDA will
identify an alternative source for
obtaining the requisite strains.
(ii) The testing must be conducted
according to a standardized protocol
considered and determined by FDA to
be acceptable and appropriate.
(iii) By July 31 of each calendar year,
the results of the last 3 years of annual
analytical reactivity testing must be
included as part of the device’s labeling.
If a device has not been on the market
long enough for 3 years of annual
reactivity testing since the device was
given marketing authorization, then the
results of every designated annual
reactivity testing since the device was
given marketing authorization by FDA,
including the results of annual
analytical reactivity testing performed
on the viral strains provided that
calendar year, must be included. The
results must be presented as part of the
device’s labeling in a tabular format,
which includes the detailed information
for each virus tested as described in the
certificate of authentication, either by:
(A) Placing the results directly in the
device’s § 809.10(b) of this chapter
compliant labeling in a section of the
labeling devoted to annual analytical
reactivity testing; or
(B) Providing a hyperlink in a section
of the device’s labeling to the
manufacturer’s public Web site where
the annual analytical reactivity testing
data can be found. If this option is
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chosen, the manufacturer’s home page
must publicly provide a hyperlink,
which can easily be found and
executed, to the annual analytical
reactivity testing results and the Web
page containing those annual analytical
reactivity testing results must allow
unrestricted viewing access. This
includes being easy to locate the results
from the primary part of the
manufacturer’s Web site that discusses
the device.
(4) If an emergency, or a potential
emergency, is declared by the Secretary
of Health and Human Services (HHS) for
an influenza viral strain:
(i) Within 30 days from the date that
FDA notifies manufacturers that
characterized viral samples are available
for test evaluation, the manufacturer
must have testing performed on the
device with that viral strain according to
a standardized protocol considered and
determined by FDA to be acceptable and
appropriate. The procedure and location
of testing may depend on the nature of
the emerging virus.
(ii) Within 60 days from the date that
CDC first makes characterized viral
samples available to manufacturers and
continuing until the emergency, or
potential emergency, is declared by the
Secretary of HHS to be over, the results
of the influenza emergency analytical
reactivity testing, including the detailed
information for the virus tested as
described in the certificate of
authentication, must be included as part
of the device’s labeling in a tabular
format, either by:
(A) Placing the table directly in the
device’s § 809.10(b) of this chapter
compliant labeling in the section of the
labeling devoted to annual analytical
reactivity testing and influenza
emergency analytical reactivity testing
but separate from the annual analytical
reactivity testing tables; or
(B) Providing a hyperlink in a section
of the device’s labeling devoted to
annual analytical reactivity testing and
influenza emergency analytical
reactivity testing to a part of the
manufacturer’s public Web site where
the annual and the emergency analytical
reactivity testing data can be found. If
this option is chosen, the
manufacturer’s home page must
publicly provide a hyperlink, which can
easily be found and executed, to the
analytical reactivity and emergency
testing results and the Web page
containing those annual analytical
reactivity testing results must allow
unrestricted viewing access.
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Dated: May 14, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014–11635 Filed 5–21–14; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0324]
RIN 1625–AA08
Safety Zones; 9–11 Patriot Festival,
Charleston Harbor, Charleston, SC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish safety zone on the Charleston
Harbor in Charleston, South Carolina
during the International Outboard
Grand Prix (IOGP) 9–11 Patriot Festival,
a series of high-speed boat races. The
event is scheduled to take place on
Friday September 12 through Sunday
September 14, 2014. Approximately 25
high-speed race boats are anticipated to
participate in the races. This safety zone
is necessary to provide for the safety of
life and property on navigable waters of
the United States during the event. This
safety zone would temporarily restrict
vessel traffic in a portion of Charleston
Harbor. 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.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before June 23, 2014. Requests for
public meetings must be received by the
Coast Guard on or before June 1, 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.
DATES:
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Proposed Rules
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.
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.
FOR FURTHER INFORMATION CONTACT:
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.
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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–2014–0324] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
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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–2014–0324) 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 June 1, 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 proposed rule
is the Coast Guard’s authority to
establish a safety zone: 33 U.S.C. 1231;
33 U.S.C. 1225; 33 CFR 1.05–1, 33 CFR
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6.04–1, 33 CFR 160.5; Department of
Homeland Security Delegation No.
0170.1.
The purpose of the proposed rule is
to protect the safety of spectator vessels
and to ensure safety of life and property
on the navigable waters of the United
States during the IOGP 9–11 Patriot
Festival boat races.
C. Discussion of Proposed Rule
On Friday September 12 through
Sunday September 14, 2014 the
International Outboard Grand Prix
(IOGP) will host ‘‘9–11 Patriot Festival’’
a series of high-speed boat races. The
event will be held on a portion of
Charleston Harbor in Charleston, South
Carolina. Approximately 25 high-speed
race boats are anticipated to participate
in the races.
The proposed rule would establish a
safety zone that encompass certain
waters of the Charleston Harbor in
Charleston, South Carolina. The safety
zone would be enforced daily from 2:30
p.m. through 5:30 p.m. on September
12, 10:30 a.m. through 6:30 p.m. on
September 13, and 1:30 p.m. through
5:30 p.m. on September 14, 2014. The
safety zone would consist of a regulated
area around vessels participating in the
event. The regulated area would be as
follows: All waters of the Charleston
Harbor encompassed within the
following points; starting at point 1 in
position 32°48′48″ N 079°54′30″ W;
thence west to point 2 in position
32°48′48″ N 079°54′54″ W; thence south
to point 3 in position 32°48′12″ N
079°55′05″ W; thence south to point 4
in position 32°47′20″ N 079°55′01″ W;
thence east to point 5 in position
32°47′21″ N 079°54′31″ W; thence north
along the bank 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 safety zone 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
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Proposed Rules
a designated representative. The Coast
Guard would provide notice of the
safety zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and onscene 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.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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) 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; (2) 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 (3) 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.
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,
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transit through, anchor in, or remain
within that portion of the Charleston
harbor encompassed within the safety
zone from 2:30 p.m. through 5:30 p.m.
on September 12; and from 10:30 a.m.
through 6:30 p.m. on September 13; and
from 1:30 p.m. through 5:30 p.m. on
September 14, 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 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
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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.
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Proposed Rules
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 which do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves establishing a safety zone
issued in conjunction with a regatta or
marine parade, that will be enforced
from 2:30 p.m. through 5:30 p.m. on
September 12, and from 10:30 a.m.
through 6:30 p.m. on September 13; and
from 1:30 p.m. through 5:30 p.m. on
September 14, 2014. This proposed rule
involves establishing a safety zone as
described in figure 2–1, paragraph
(34)(g), of the 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 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 33 CFR 1.05–
1, 6.04–1, 160.5; Department of Homeland
Security Delegation No. 0170.1.
2. Add a temporary § 165.T07–0324 to
read as follows:
■
mstockstill on DSK4VPTVN1PROD with PROPOSALS
§ 165.T07–0324 Safety Zones; 9–11 Patriot
Festival, Charleston Harbor, Charleston,
SC.
(a) Regulated area. All waters of the
Charleston Harbor encompassed within
the following points; starting at point 1
in position 32°48′48″ N 079°54′30″ W;
thence west to point 2 in position
32°48′48″ N 079°54′54″ W; thence south
to point 3 in position 32°48′12″ N
079°55′05″ W; thence south to point 4
in position 32°47′20″ N 079°55′01″ W;
thence east to point 5 in position
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Jkt 232001
32°47′21″ N 079°54′31″ W; thence north
along the bank back to origin. All
coordinates are North American Datum
1983.
(b) Enforcement Period. The rule
establishes a safety zone on certain
waters of the Charleston harbor in
Charleston, South Carolina. The safety
zone will consist of a regulated area
which will be enforced daily from 2:30
p.m. through 5:30 p.m. on September
12; and from 10:30 a.m. through 6:30
p.m. on September 13; and from 1:30
p.m. through 5:30 p.m. on September
14, 2014. The safety zone would consist
of a regulated area around vessels
participating in the event.
(c) 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 safety zone.
(d) Regulations. (1) All persons and
vessels, except those participating in the
9–11 Patriot Festival, 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 safety zone is granted by the
Captain of the Port Charleston or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Charleston or a
designated representative.
(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.
Dated: May 1, 2014.
R.R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2014–11806 Filed 5–21–14; 8:45 am]
BILLING CODE 9110–04–P
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29395
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2014–0274; FRL–9910–91–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Revision to the Chicago 8-Hour Ozone
Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
Illinois’s March 28, 2014, State
Implementation Plan (SIP) revision to
the Chicago area’s 1997 8-hour ozone
maintenance plan. This maintenance
plan revision establishes new
transportation conformity Motor Vehicle
Emissions Budgets (MVEB) for the year
2025. EPA is approving the allocation of
a portion of the safety margin for the
volatile organic compounds and oxides
of nitrogen to the area’s 2025 MVEBs for
transportation conformity purposes.
This allocation will still maintain the
total emissions for the area below the
attainment level required by the
transportation conformity regulations.
DATES: Comments must be received on
or before June 23, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2014–0274, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Please see the direct final rule which is
located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Proposed Rules]
[Pages 29392-29395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11806]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0324]
RIN 1625-AA08
Safety Zones; 9-11 Patriot Festival, Charleston Harbor,
Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish safety zone on the
Charleston Harbor in Charleston, South Carolina during the
International Outboard Grand Prix (IOGP) 9-11 Patriot Festival, a
series of high-speed boat races. The event is scheduled to take place
on Friday September 12 through Sunday September 14, 2014. Approximately
25 high-speed race boats are anticipated to participate in the races.
This safety zone is necessary to provide for the safety of life and
property on navigable waters of the United States during the event.
This safety zone would temporarily restrict vessel traffic in a portion
of Charleston Harbor. 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 June 23, 2014. Requests for public meetings must be
received by the Coast Guard on or before June 1, 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.
[[Page 29393]]
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 docket number [USCG-2014-0324] 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-2014-0324) 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 June 1, 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 proposed rule is the Coast Guard's
authority to establish a safety zone: 33 U.S.C. 1231; 33 U.S.C. 1225;
33 CFR 1.05-1, 33 CFR 6.04-1, 33 CFR 160.5; Department of Homeland
Security Delegation No. 0170.1.
The purpose of the proposed rule is to protect the safety of
spectator vessels and to ensure safety of life and property on the
navigable waters of the United States during the IOGP 9-11 Patriot
Festival boat races.
C. Discussion of Proposed Rule
On Friday September 12 through Sunday September 14, 2014 the
International Outboard Grand Prix (IOGP) will host ``9-11 Patriot
Festival'' a series of high-speed boat races. The event will be held on
a portion of Charleston Harbor in Charleston, South Carolina.
Approximately 25 high-speed race boats are anticipated to participate
in the races.
The proposed rule would establish a safety zone that encompass
certain waters of the Charleston Harbor in Charleston, South Carolina.
The safety zone would be enforced daily from 2:30 p.m. through 5:30
p.m. on September 12, 10:30 a.m. through 6:30 p.m. on September 13, and
1:30 p.m. through 5:30 p.m. on September 14, 2014. The safety zone
would consist of a regulated area around vessels participating in the
event. The regulated area would be as follows: All waters of the
Charleston Harbor encompassed within the following points; starting at
point 1 in position 32[deg]48'48'' N 079[deg]54'30'' W; thence west to
point 2 in position 32[deg]48'48'' N 079[deg]54'54'' W; thence south to
point 3 in position 32[deg]48'12'' N 079[deg]55'05'' W; thence south to
point 4 in position 32[deg]47'20'' N 079[deg]55'01'' W; thence east to
point 5 in position 32[deg]47'21'' N 079[deg]54'31'' W; thence north
along the bank 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 safety zone 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
[[Page 29394]]
a designated representative. The Coast Guard would provide notice of
the safety zone 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)
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; (2) 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 (3) 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.
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 Charleston harbor encompassed within
the safety zone from 2:30 p.m. through 5:30 p.m. on September 12; and
from 10:30 a.m. through 6:30 p.m. on September 13; and from 1:30 p.m.
through 5:30 p.m. on September 14, 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
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 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.
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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 which do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves establishing a safety zone issued in conjunction with a
regatta or marine parade, that will be enforced from 2:30 p.m. through
5:30 p.m. on September 12, and from 10:30 a.m. through 6:30 p.m. on
September 13; and from 1:30 p.m. through 5:30 p.m. on September 14,
2014. This proposed rule involves establishing a safety zone as
described in figure 2-1, paragraph (34)(g), of the 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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 33 CFR 1.05-1, 6.04-1, 160.5;
Department of Homeland Security Delegation No. 0170.1.
0
2. Add a temporary Sec. 165.T07-0324 to read as follows:
Sec. 165.T07-0324 Safety Zones; 9-11 Patriot Festival, Charleston
Harbor, Charleston, SC.
(a) Regulated area. All waters of the Charleston Harbor encompassed
within the following points; starting at point 1 in position
32[deg]48'48'' N 079[deg]54'30'' W; thence west to point 2 in position
32[deg]48'48'' N 079[deg]54'54'' W; thence south to point 3 in position
32[deg]48'12'' N 079[deg]55'05'' W; thence south to point 4 in position
32[deg]47'20'' N 079[deg]55'01'' W; thence east to point 5 in position
32[deg]47'21'' N 079[deg]54'31'' W; thence north along the bank back to
origin. All coordinates are North American Datum 1983.
(b) Enforcement Period. The rule establishes a safety zone on
certain waters of the Charleston harbor in Charleston, South Carolina.
The safety zone will consist of a regulated area which will be enforced
daily from 2:30 p.m. through 5:30 p.m. on September 12; and from 10:30
a.m. through 6:30 p.m. on September 13; and from 1:30 p.m. through 5:30
p.m. on September 14, 2014. The safety zone would consist of a
regulated area around vessels participating in the event.
(c) 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 safety zone.
(d) Regulations. (1) All persons and vessels, except those
participating in the 9-11 Patriot Festival, 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 safety zone is
granted by the Captain of the Port Charleston or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Charleston
or a designated representative.
(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.
Dated: May 1, 2014.
R.R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2014-11806 Filed 5-21-14; 8:45 am]
BILLING CODE 9110-04-P
