Special Local Regulations; ODBA Draggin' on the Waccamaw, Atlantic Intracoastal Waterway; Bucksport, SC, 32164-32167 [2014-12986]
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Federal Register / Vol. 79, No. 107 / Wednesday, June 4, 2014 / Rules and Regulations
(n) ‘‘Super 210’s’’ or ‘‘210’s,’’ if the
average diameter of wool fiber of such
wool product does not average 13.25
microns or finer;
(o) ‘‘Super 220’s’’ or ‘‘220’s,’’ if the
average diameter of wool fiber of such
wool product does not average 12.75
microns or finer;
(p) ‘‘Super 230’s’’ or ‘‘230’s,’’ if the
average diameter of wool fiber of such
wool product does not average 12.25
microns or finer;
(q) ‘‘Super 240’s’’ or ‘‘240’s,’’ if the
average diameter of wool fiber of such
wool product does not average 11.75
microns or finer; and
(r) ‘‘Super 250’s’’ or ‘‘250’s,’’ if the
average diameter of wool fiber of such
wool product does not average 11.25
microns or finer.
■ 8. Amend § 300.24 by revising
paragraph (b) to read as follows:
§ 300.24 Representations as to fiber
content.
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*
(b) Where a word, coined word,
symbol, or depiction which connotes or
implies the presence of a fiber is used
on any label, whether required or nonrequired, a full fiber content disclosure
with percentages shall be made on such
label in accordance with the Act and
regulations. Where a word, coined
word, symbol, or depiction which
connotes or implies the presence of a
fiber is used on any hang-tag attached to
a wool product that has a label
providing required information and the
hang-tag provides non-required
information, such as a hang-tag
providing information about a particular
fiber’s characteristics, the hang-tag need
not provide a full fiber content
disclosure; however, if the wool product
contains any fiber other than the fiber
identified on the hang-tag, the hang-tag
must disclose clearly and conspicuously
that it does not provide the product’s
full fiber content; for example:
‘‘This tag does not disclose the
product’s full fiber content.’’ or
‘‘See label for the product’s full fiber
content.’’
■ 9. Amend § 300.25 by revising
paragraphs (d) and (f) to read as follows:
§ 300.25 Country where wool products are
processed or manufactured.
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(d) The country of origin of an
imported wool product as determined
under the laws and regulations enforced
by United States Customs and Border
Protection shall be considered to be the
country where such wool product was
processed or manufactured.
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(f) Nothing in this rule shall be
construed as limiting in any way the
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information required to be disclosed on
labels under the provisions of any Tariff
Act of the United States or regulations
promulgated thereunder.
■
10. Revise § 300.32 to read as follows:
§ 300.32
Form of separate guaranty.
(a) The following are suggested forms
of separate guaranties under section 9 of
the Act which may be used by a
guarantor residing in the United States
on or as part of an invoice or other
document relating to the marketing or
handling of any wool products listed
and designated therein and showing the
date of such invoice or other document
and the signature and address of the
guarantor:
(1) General form.
‘‘We guarantee that the wool products
specified herein are not misbranded
under the provisions of the Wool
Products Labeling Act and rules and
regulations thereunder.’’
(2) Guaranty based on guaranty.
‘‘Based upon a guaranty received, we
guarantee that the wool products
specified herein are not misbranded
under the provisions of the Wool
Products Labeling Act and rules and
regulations thereunder.’’
Note to paragraph (a): The printed
name and address on the invoice or
other document will suffice to meet the
signature and address requirements.
(b) The mere disclosure of required
information including the fiber content
of wool products on a label or on an
invoice or other document relating to its
marketing or handling shall not be
considered a form of separate guaranty.
11. Amend § 300.33 by revising
paragraph (c) to read as follows:
■
§ 300.33 Continuing guaranty filed with
Federal Trade Commission.
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(c) Any person who has a continuing
guaranty on file with the Commission
may, during the effective dates of the
guaranty, give notice of such fact by
setting forth on the invoice or other
document covering the marketing or
handling of the product guaranteed the
following:
Continuing Guaranty under the Wool
Products Labeling Act filed with the
Federal Trade Commission.
*
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By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2014–12736 Filed 6–3–14; 8:45 am]
BILLING CODE 6750–01–P
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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; ODBA
Draggin’ on the Waccamaw, Atlantic
Intracoastal Waterway; Bucksport, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation on
the Atlantic Intracoastal Waterway in
Bucksport, South Carolina during the
Outboard Drag Boat Association (ODBA)
Draggin’ on the Waccamaw, a series of
high-speed boat races. The event will
take place on Saturday, June 21, 2014
and Sunday, June 22, 2014.
Approximately 50 high-speed race boats
are anticipated to participate in the
races. This special local regulation is
necessary to provide for the safety of life
and property on navigable waters of the
United States during the event. This
special local regulation will temporarily
restrict vessel traffic in a portion of the
Atlantic Intracoastal Waterway. Persons
and vessels that are not participating in
the races will be prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area unless authorized by the Captain of
the Port Charleston or a designated
representative.
SUMMARY:
This rule is effective from 11:00
a.m. on June 21, 2014 until 8:00 p.m. on
June 22, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0097. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Chief Warrant Officer Christopher
Ruleman, Sector Charleston Waterways
Management, U.S. Coast Guard;
telephone (843) 740–3184, email
DATES:
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Federal Register / Vol. 79, No. 107 / Wednesday, June 4, 2014 / Rules and Regulations
christopher.l.ruleman@uscg.mil. If you
have questions on viewing 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. Regulatory History and Information
On March 26, 2014, the Coast Guard
published a notice of proposed
rulemaking (NPRM) entitled Special
Local Regulations; ODBA Draggin’ on
the Waccamaw, Atlantic Intercoastal
Waterway, Bucksport, SC in the Federal
Register (79 FR 16704). We received no
comments on the proposed rule. No
public meeting was requested, and none
was held.
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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 rule is to
ensure safety of life and property on
navigable waters of the United States
during the ODBA Draggin’ on the
Waccamaw boat races.
D. Regulatory Analyses
C. Discussion of Rule
On Saturday, June 21, 2014, and
Sunday, June 22, 2014, the Outboard
Drag Boat Association (ODBA) will host
Draggin’ 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 special local regulation
encompasses certain waters of the
Atlantic Intracoastal Waterway in
Bucksport, South Carolina. The special
local regulation will be enforced daily
from 11:00 a.m. until 8:00 p.m. on June
21, 2014 and June 22, 2014. The special
local regulation consists of a regulated
area around vessels participating in the
event. The regulated area is as follows:
All waters of the Atlantic Intracoastal
Waterway encompassed within an
Imaginary line connecting 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 that are not
participating in the event are prohibited
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from entering, transiting through,
anchoring in, or remaining within the
regulated area unless specifically
authorized by the Captain of the Port
Charleston or a designated
representative. Persons and vessels may
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 to seek 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 permission must comply
with the instructions of the Captain of
the Port Charleston or a designated
representative. The Coast Guard will
provide notice of the regulated areas by
Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene
designated representatives.
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The economic impact of this rule is
not anticipated to be significant for the
following reasons: (1) Although persons
and vessels will not be able to enter,
transit through, anchor in, or remain
within the race area without
authorization from the Captain of the
Port Charleston or a designated
representative, they may operate in the
surrounding area during the effective
period; (2) persons and vessels may still
enter, transit through, anchor in, or
remain within the race area if
authorized by the Captain of the Port
Charleston or a designated
representative; and (3) advance
notification will be made to the local
maritime community via broadcast
notice to mariners.
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2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule may affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to enter, transit
through, anchor in, or remain within
that portion that portion of the Atlantic
Intracoastal Waterway encompassed
within the regulated area from 11:00
a.m. until 8:00 p.m. on June 21, 2014
and June 22, 2014. For the reasons
discussed in the Regulatory Planning
and Review section above, this rule will
not have a significant economic impact
on a substantial number of small
entities.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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Federal Register / Vol. 79, No. 107 / Wednesday, June 4, 2014 / Rules and Regulations
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it 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
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
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because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
special local regulation issued in
conjunction with a regatta or marine
parade. An environmental analysis
checklist and a Categorical Exclusion
Determination were completed for this
event in previous years. Since this event
has remained materially unchanged
from the time of the prior
determinations, a new environmental
analysis checklist and Categorical
Exclusion Determination were not
completed for 2014. The previously
completed environmental analysis
checklist and Categorical Exclusion
Determination can be found in docket
folder for USCG–2013–0102 at
www.regulations.gov. 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 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 amends 33
CFR part 100 as follows:
Fmt 4700
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.T07–0097 to
read as follows:
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
Frm 00010
1. The authority citation for part 100
continues to read as follows:
■
■
12. Energy Effects
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PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
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§ 100.T07–0097 Special Local Regulations;
ODBA Draggin’ on the Waccamaw, Atlantic
Intracoastal Waterway, Bucksport, SC.
(a) Regulated Area. The following
regulated area is established as a special
local regulation: All waters of the
Atlantic Intracoastal Waterway
encompassed within an Imaginary line
connecting 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 persons and vessels participating
in the event, are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area unless authorized by the Captain of
the Port Charleston or a designated
representative.
(2) Nonparticipant 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 seek 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 permission must comply
with the instructions of the Captain of
the Port Charleston or a designated
representative.
(3) The Coast Guard will provide
notice of the regulated area by Broadcast
Notice to Mariners, Local Notice to
Mariners, and on-scene designated
representatives.
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(d) Enforcement Date. This rule will
be enforced daily from 11:00 a.m. until
8:00 p.m. on June 21, 2014 and June 22,
2014.
Dated: May 20, 2014.
R.R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
Table of Acronyms
[FR Doc. 2014–12986 Filed 6–3–14; 8:45 am]
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0307]
RIN 1625–AA00
Safety Zone: Village West Marina 4th of
July Fireworks Display, Fourteenmile
Slough, Stockton, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters of Fourteenmile
Slough near Stockton, CA in support of
the Village West Marina 4th of July
Fireworks Display on July 4, 2014. This
safety zone is established to ensure the
safety of participants and spectators
from the dangers associated with the
pyrotechnics. Unauthorized persons or
vessels are prohibited from entering
into, transiting through, or remaining in
the safety zone without permission of
the Captain of the Port or their
designated representative.
DATES: This rule is effective on July 4,
2014. This rule will be enforced from 9
p.m. to 10 p.m. on July 4, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0307. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade Joshua
Dykman, U.S. Coast Guard Sector San
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SUMMARY:
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Francisco; telephone (415) 399–3585 or
email at D11-PF-MarineEvents@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. The Coast Guard received the
information about the fireworks display
on April 10, 2014, and the fireworks
display would occur before the
rulemaking process would be
completed. Because of the dangers
posed by the pyrotechnics used in this
fireworks display, the safety zone is
necessary to provide for the safety of
event participants, spectators, spectator
craft, and other vessels transiting the
event area. For the safety concerns
noted, it is in the public interest to have
these regulations in effect during the
event.
B. Basis and Purpose
The legal basis for the proposed rule
is 33 U.S.C 1231; 46 U.S.C Chapter 701,
3306, 3703; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, 160.5; Public
Law 107–295, 116 Stat. 2064;
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish safety zones.
Village West Marina will sponsor the
Village West Marina 4th of July
Fireworks Display on July 4, 2014, in
Wright Tract over Fourteenmile Slough
near Stockton, CA in approximate
position 38°00′08″ N, 121°22′17″ W
(NAD 83) as depicted in National
Oceanic and Atmospheric
Administration (NOAA) Chart 18663.
Upon the commencement of the
fireworks display, the safety zone will
encompass the navigable waters around
the launch site within a radius of 420
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feet. The fireworks display is meant for
entertainment purposes. This restricted
area around the launch site is necessary
to protect spectators, vessels, and other
property from the hazards associated
with the pyrotechnics.
C. Discussion of the Final Rule
The Coast Guard will enforce a safety
zone in navigable waters around the
land based launch site in Wright Tract
over Fourteenmile Slough near
Stockton, CA. Upon the commencement
of the 20 minute fireworks display,
scheduled to begin at 9 p.m. on July 4,
2014, the safety zone will encompass
the navigable waters around the
fireworks launch site within a radius
420 feet from approximate position
38°00′08″ N, 121°22′17″ W (NAD 83) for
the Village West Marina 4th of July
Fireworks Display. At the conclusion of
the fireworks display the safety zone
shall terminate.
The effect of the temporary safety
zone will be to restrict navigation in the
vicinity of the launch site until the
conclusion of the scheduled display.
Except for persons or vessels authorized
by the Coast Guard Patrol Commander,
no person or vessel may enter or remain
in the restricted area. These regulations
are needed to keep spectators and
vessels away from the immediate
vicinity of the launch site to ensure the
safety of participants, spectators, and
transiting vessels.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes and
executive orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
We expect the economic impact of
this rule will not rise to the level of
necessitating a full Regulatory
Evaluation. The safety zone is limited in
duration, and is limited to a narrowly
tailored geographic area. In addition,
although this rule restricts access to the
waters encompassed by the safety zone,
the effect of this rule will not be
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]]>Agencies
[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Rules and Regulations]
[Pages 32164-32167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12986]
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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; ODBA Draggin' on the Waccamaw,
Atlantic Intracoastal Waterway; Bucksport, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation on
the Atlantic Intracoastal Waterway in Bucksport, South Carolina during
the Outboard Drag Boat Association (ODBA) Draggin' on the Waccamaw, a
series of high-speed boat races. The event will take place on Saturday,
June 21, 2014 and Sunday, June 22, 2014. Approximately 50 high-speed
race boats are anticipated to participate in the races. This special
local regulation is necessary to provide for the safety of life and
property on navigable waters of the United States during the event.
This special local regulation will temporarily restrict vessel traffic
in a portion of the Atlantic Intracoastal Waterway. Persons and vessels
that are not participating in the races will be prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative.
DATES: This rule is effective from 11:00 a.m. on June 21, 2014 until
8:00 p.m. on June 22, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0097. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Warrant Officer Christopher Ruleman, Sector
Charleston Waterways Management, U.S. Coast Guard; telephone (843) 740-
3184, email
[[Page 32165]]
christopher.l.ruleman@uscg.mil. If you have questions on viewing 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. Regulatory History and Information
On March 26, 2014, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled Special Local Regulations; ODBA Draggin' on
the Waccamaw, Atlantic Intercoastal Waterway, Bucksport, SC in the
Federal Register (79 FR 16704). We received no comments on the proposed
rule. No public meeting was requested, and none was held.
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
rule is to ensure safety of life and property on navigable waters of
the United States during the ODBA Draggin' on the Waccamaw boat races.
C. Discussion of Rule
On Saturday, June 21, 2014, and Sunday, June 22, 2014, the Outboard
Drag Boat Association (ODBA) will host Draggin' 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 special local regulation encompasses certain waters of the
Atlantic Intracoastal Waterway in Bucksport, South Carolina. The
special local regulation will be enforced daily from 11:00 a.m. until
8:00 p.m. on June 21, 2014 and June 22, 2014. The special local
regulation consists of a regulated area around vessels participating in
the event. The regulated area is as follows: All waters of the Atlantic
Intracoastal Waterway encompassed within an Imaginary line connecting
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 that are not participating in the event are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless specifically authorized by the Captain of the
Port Charleston or a designated representative. Persons and vessels may
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 to seek 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
permission must comply with the instructions of the Captain of the Port
Charleston or a designated representative. The Coast Guard will provide
notice of the regulated areas by Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene designated representatives.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The economic impact of this rule is not anticipated to be
significant for the following reasons: (1) Although persons and vessels
will not be able to enter, transit through, anchor in, or remain within
the race area without authorization from the Captain of the Port
Charleston or a designated representative, they may operate in the
surrounding area during the effective period; (2) persons and vessels
may still enter, transit through, anchor in, or remain within the race
area if authorized by the Captain of the Port Charleston or a
designated representative; and (3) advance notification will be made to
the local maritime community via broadcast notice to mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion that portion
of the Atlantic Intracoastal Waterway encompassed within the regulated
area from 11:00 a.m. until 8:00 p.m. on June 21, 2014 and June 22,
2014. For the reasons discussed in the Regulatory Planning and Review
section above, this rule will not have a significant economic impact on
a substantial number of small entities.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 32166]]
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it 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
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a special local regulation issued in
conjunction with a regatta or marine parade. An environmental analysis
checklist and a Categorical Exclusion Determination were completed for
this event in previous years. Since this event has remained materially
unchanged from the time of the prior determinations, a new
environmental analysis checklist and Categorical Exclusion
Determination were not completed for 2014. The previously completed
environmental analysis checklist and Categorical Exclusion
Determination can be found in docket folder for USCG-2013-0102 at
www.regulations.gov. 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 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 amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.T07-0097 to read as follows:
Sec. 100.T07-0097 Special Local Regulations; ODBA Draggin' on the
Waccamaw, Atlantic Intracoastal Waterway, Bucksport, SC.
(a) Regulated Area. The following regulated area is established as
a special local regulation: All waters of the Atlantic Intracoastal
Waterway encompassed within an Imaginary line connecting 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 persons and vessels
participating in the event, are prohibited from entering, transiting
through, anchoring in, or remaining within the regulated area unless
authorized by the Captain of the Port Charleston or a designated
representative.
(2) Nonparticipant 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 seek
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 permission must comply with the instructions of the
Captain of the Port Charleston or a designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Broadcast Notice to Mariners, Local Notice to Mariners, and on-scene
designated representatives.
[[Page 32167]]
(d) Enforcement Date. This rule will be enforced daily from 11:00
a.m. until 8:00 p.m. on June 21, 2014 and June 22, 2014.
Dated: May 20, 2014.
R.R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2014-12986 Filed 6-3-14; 8:45 am]
BILLING CODE 9110-04-P
