Special Local Regulation; Southeast Drag Boat Championships, Atlantic Intracoastal Waterway; Bucksport, SC, 27616-27619 [2015-11676]
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27616
Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Proposed Rules
Executive Order 13175
This proposed rule does not have
tribal implications warranting the
application of Executive Order 13175. It
does not have substantial direct effects
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.
Regulatory Flexibility Act
The Administrator, in accordance
with the Regulatory Flexibility Act
(RFA), 5 U.S.C. 601–602, has reviewed
this proposed rule and by approving it
certifies that it will not have a
significant economic impact on a
substantial number of small entities. On
May 16, 2013, the Deputy Administrator
published a Final Order in the Federal
Register (78 FR 28735) amending 21
CFR 1308.11(h) to temporarily place
these three synthetic cannabinoids into
schedule I of the CSA pursuant to the
temporary scheduling provisions of 21
U.S.C. 811(h). All entities that currently
handle or plan to handle these synthetic
cannabinoids are estimated to have
already established and implemented
the systems and processes required to
handle UR–144, XLR11, and AKB48.
Therefore, the DEA anticipates that this
proposed rule will impose minimal or
no economic impact on businesses that
currently handle UR–144, XLR11, or
AKB48 for lawful purposes. This
estimate applies to entities large and
small. Therefore, DEA has concluded
that this proposed rule will not have a
significant effect on a substantial
number of small entities.
Unfunded Mandates Reform Act of 1995
On the basis of information contained
in the ‘‘Regulatory Flexibility Act’’
section above, the DEA has determined
and certifies pursuant to the Unfunded
Mandates Reform Act (UMRA) of 1995
(2 U.S.C. 1501 et seq.), that this action
would not result in any Federal
mandate that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
(adjusted for inflation) in any one year.
Therefore, neither a Small Government
Agency Plan nor any other action is
required under provisions of the UMRA
of 1995.
Paperwork Reduction Act of 1995
This action does not impose a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3521). This action would
not impose recordkeeping or reporting
requirements on State or local
governments, individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Reporting and recordkeeping
requirements.
For the reasons set out above, 21 CFR
part 1308 is proposed to be amended to
read as follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for 21 CFR
part 1308 continues to read as follows:
■
Authority: 21 U.S.C. 811, 812, 871(b),
unless otherwise noted.
2. Amend § 1308.11 by:
a. Adding paragraphs (g)(16) through
(18); and
■ b. Removing paragraphs (h)(1) through
(3) and redesignating paragraphs (h)(4)
through (23) as paragraphs (h)(1)
through (20), respectively.
The additions read as follows:
■
■
§ 1308.11
*
Schedule I.
*
*
(g) * * *
*
*
(16) (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (UR–144) .........................................................................
(17) [1-(5-fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone (5-fluoro-UR–144, XLR11) .............................
(18) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide (APINACA, AKB48) ..............................................................................
*
*
*
*
*
Dated: May 12, 2015.
Michele M. Leonhart,
Administrator.
[FR Doc. 2015–11762 Filed 5–13–15; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2015–0045]
tkelley on DSK3SPTVN1PROD with PROPOSALS
RIN 1625–AA08
Special Local Regulation; Southeast
Drag Boat Championships, Atlantic
Intracoastal Waterway; Bucksport, SC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a special local regulation on
the Atlantic Intracoastal Waterway in
SUMMARY:
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Bucksport, South Carolina during the
Southeast Drag Boat Championships, a
series of high-speed boat races. The
event is scheduled to take place from 10
a.m. on July 24, 2015, through 6 p.m. on
July 26, 2015. Approximately 50 highspeed 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 would temporarily restrict
vessel traffic in a portion of the Atlantic
Intracoastal Waterway. Persons and
vessels that are not participating in the
races would be prohibited from
entering, transiting through, anchoring
in, or remaining within the restricted
area unless authorized by the Captain of
the Port Charleston or a designated
representative.
Comments and related material
must be received by the Coast Guard on
or before June 15, 2015. Requests for
public meetings must be received by the
Coast Guard on or before May 29, 2015.
DATES:
PO 00000
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(7144)
(7011)
(7048)
You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Chief Warrant Officer Christopher
Ruleman, Sector Charleston Office of
Waterways Management, Coast Guard;
ADDRESSES:
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telephone (843)–740–3184, email
Christopher.L.Ruleman@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
tkelley on DSK3SPTVN1PROD with PROPOSALS
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–2015–0045] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
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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–2015–0045) 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 May 29, 2015 using
one of the four methods specified under
ADDRESSES. Please explain why you
believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
For information on facilities or services
for individuals with disabilities or to
request special assistance at the public
meeting, contact the person named in
the FOR FURTHER INFORMATION CONTACT
section, above.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
special local regulations: 33 U.S.C.
1233. The purpose of the proposed rule
is to ensure safety of life and property
on the navigable waters of the United
States during the Southeast Drag Boat
Championships.
C. Discussion of Proposed Rule
Starting July 24, 2015, through July
26, 2015, the Southeast Drag Boat
Championships plans to hold 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.
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The proposed rule would establish a
special local regulation that
encompasses certain waters of the
Intracoastal Waterway in Bucksport,
South Carolina. The special local
regulation would be effective from July
24, 2015, through July 26, 2015, and
enforced from 10 a.m. until 6 p.m. on
each of those days. The special local
regulation would consist of a regulated
area around vessels participating in the
event. The regulated area would be as
follows: 200 ft. off of Bucksport Marinas
pier center channel between Daybeacon
35 (LLNR 33835), and 100 yards south
of light 38 (LLNR 33845). Persons and
vessels, except those participating in the
race, would be prohibited from entering,
transiting through, anchoring, or
remaining within the regulated area
unless specifically authorized by the
Captain of the Port Charleston or a
designated representative. Persons and
vessels would be able to request
authorization to enter, transit through,
anchor in, or remain within the
regulated area by contacting the Captain
of the Port Charleston by telephone at
(843) 740–7050, or a designated
representative via VHF radio on channel
16. If authorization to enter, transit
through, anchor in, or remain within the
regulated area is granted by the Captain
of the Port Charleston or a designated
representative, all persons and vessels
receiving such authorization would be
required to comply with the instructions
of the Captain of the Port Charleston or
a designated representative. The Coast
Guard would provide notice of the
regulated areas by Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
D. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. The economic impact of this
proposed rule is not significant for the
following reasons: (1) The special local
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tkelley on DSK3SPTVN1PROD with PROPOSALS
regulation would be enforced for only
eight hours a day over a three-day
period; (2) although persons and vessels
would not be able to enter, transit
through, anchor in, or remain within the
regulated area without authorization
from the Captain of the Port Charleston
or a designated representative, they
would be able to operate in the
surrounding area during the
enforcement periods; (3) persons and
vessels would still be able to enter,
transit through, anchor in, or remain
within the regulated area if authorized
by the Captain of the Port Charleston or
a designated representative; and (4) the
Coast Guard would provide advance
notification of the regulated area to the
local maritime community by Local
Notice to Mariners and Broadcast Notice
to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule will not
have a significant economic impact on
a substantial number of small entities:
This proposed rule may affect the
following entities, some of which may
be small entities: the owners or
operators of vessels intending to enter,
transit through, anchor in, or remain
within that portion of the Atlantic
Intracoastal Waterway encompassed
within the regulated area from 10 a.m.
until 6 p.m. from July 24, 2015, through
July 26, 2015. 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 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
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rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
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.
5. Federalism
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.
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.
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.
6. Protest Activities
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.
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.).
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.
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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 special local
regulation issued in conjunction with a
regatta or marine parade that will be
enforced from 10:00 a.m. until 6:00 p.m.
on July 24, 2015 through July 26, 2015.
This rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
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Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Proposed Rules
Instruction. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
the Captain of the Port Charleston or a
designated representative.
(2) The Coast Guard will provide
notice of the regulated area by Marine
Safety Information Bulletins, Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement period. This section
will be enforced daily from 10 a.m. until
6 p.m. starting July 24, 2015, through
July 26, 2015.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Dated: April 8, 2015.
B.D. Falk,
Commander, U.S. Coast Guard, Captain of
the Port Charleston.
[FR Doc. 2015–11676 Filed 5–13–15; 8:45 am]
■
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.T07–0045 to
read as follows:
■
tkelley on DSK3SPTVN1PROD with PROPOSALS
§ 100.T07–0045 Special Local Regulations;
Southeast Drag Boat Championships,
Atlantic Intracoastal Waterway, Bucksport,
SC.
(a) Regulated area. All waters of the
Atlantic Intracoastal Waterway
encompassed by a line connecting the
following points: point 1 in position
33°39′13″ N 079°05′36″ W; thence west
to point 2 in position 33°39′17″ N
079°05′46″ W; thence south to point 3
in position 33°38′53″ N 079°05′39″ W;
thence east to point 4 in position
33°38′54″ N 079°05′31″ W; thence north
back to point 1. All coordinates are
North American Datum 1983.
(b) Definition. As used in this section,
‘‘designated representative’’ means
Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty
officers, and other officers operating
Coast Guard vessels, and Federal, state,
and local officers designated by or
assisting the Captain of the Port
Charleston in the enforcement of the
regulated areas.
(c) Regulations. (1) All persons and
vessels, except those participating in the
Southeast Drag Boat Championships, or
serving as safety vessels, are prohibited
from entering, transiting through,
anchoring in, or remaining within the
regulated area. Persons and vessels
desiring to enter, transit through, anchor
in, or remain within the regulated area
may contact the Captain of the Port
Charleston by telephone at (843) 740–
7050, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated area is granted by
the Captain of the Port Charleston or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2015–0285]
RIN 1625–AA09
Drawbridge Operation Regulation;
Duwamish Waterway, Seattle, WA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
change the operating schedule that
governs the South Park Bridge, on the
Duwamish Waterway, mile 3.8, at
Seattle, WA. Highway traffic patterns
have changed since this rule was last
amended, therefore the bridge owner
(King County) is proposing to update
the operating schedule to better meet
the needs of local highway users by
matching drawbridge closure hours to
current commuter traffic patterns. This
change would improve movement of
rush hour highway traffic while having
minimal impact to maritime waterway
traffic.
SUMMARY:
Comments and related material
must reach the Coast Guard on or before
July 13, 2015. Requests for public
meetings must be received by the Coast
Guard on or before June 15, 2015.
ADDRESSES: You may submit comments
identified by docket number USCG–
2015–0285 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,
DATES:
PO 00000
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Fmt 4702
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments. To avoid duplication, please
use only one of these four methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Steven M. Fischer,
Bridge Administrator, Thirteenth Coast
Guard District Bridge Program Office,
telephone 206–220–7282; email d13-pfd13bridges@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
33 CFR Part 117
ACTION:
27619
Sfmt 4702
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section Symbol
U.S.C. United States Code
WSDOT Washington State Department of
Transportation
SDOT Seattle Department of Transportation
A. Public Participation and Request for
Comments
We encourage you to participate in
this proposed 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
proposed rulemaking (USCG–2015–
0285), 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 (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 via https://
www.regulations.gov, 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
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Agencies
[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Proposed Rules]
[Pages 27616-27619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11676]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-0045]
RIN 1625-AA08
Special Local Regulation; Southeast Drag Boat Championships,
Atlantic Intracoastal Waterway; Bucksport, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a special local
regulation on the Atlantic Intracoastal Waterway in Bucksport, South
Carolina during the Southeast Drag Boat Championships, a series of
high-speed boat races. The event is scheduled to take place from 10
a.m. on July 24, 2015, through 6 p.m. on July 26, 2015. 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 would temporarily restrict vessel
traffic in a portion of the Atlantic Intracoastal Waterway. Persons and
vessels that are not participating in the races would be prohibited
from entering, transiting through, anchoring in, or remaining within
the restricted area unless authorized by the Captain of the Port
Charleston or a designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before June 15, 2015. Requests for public meetings must be
received by the Coast Guard on or before May 29, 2015.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Warrant Officer Christopher Ruleman, Sector
Charleston Office of Waterways Management, Coast Guard;
[[Page 27617]]
telephone (843)-740-3184, email Christopher.L.Ruleman@uscg.mil. If you
have questions on viewing or submitting material to the docket, call
Barbara Hairston, Program Manager, Docket Operations, telephone (202)
366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
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-2015-0045] 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-2015-0045) 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 May 29, 2015 using one of the four methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register. For information on facilities or
services for individuals with disabilities or to request special
assistance at the public meeting, contact the person named in the FOR
FURTHER INFORMATION CONTACT section, above.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
proposed rule is to ensure safety of life and property on the navigable
waters of the United States during the Southeast Drag Boat
Championships.
C. Discussion of Proposed Rule
Starting July 24, 2015, through July 26, 2015, the Southeast Drag
Boat Championships plans to hold a series of high-speed boat races. The
event will be held on a portion of the Atlantic Intracoastal Waterway
in Bucksport, South Carolina. Approximately 50 high-speed race boats
are anticipated to participate in the races.
The proposed rule would establish a special local regulation that
encompasses certain waters of the Intracoastal Waterway in Bucksport,
South Carolina. The special local regulation would be effective from
July 24, 2015, through July 26, 2015, and enforced from 10 a.m. until 6
p.m. on each of those days. The special local regulation would consist
of a regulated area around vessels participating in the event. The
regulated area would be as follows: 200 ft. off of Bucksport Marinas
pier center channel between Daybeacon 35 (LLNR 33835), and 100 yards
south of light 38 (LLNR 33845). Persons and vessels, except those
participating in the race, would be prohibited from entering,
transiting through, anchoring, or remaining within the regulated area
unless specifically authorized by the Captain of the Port Charleston or
a designated representative. Persons and vessels would be able to
request authorization to enter, transit through, anchor in, or remain
within the regulated area by contacting the Captain of the Port
Charleston by telephone at (843) 740-7050, or a designated
representative via VHF radio on channel 16. If authorization to enter,
transit through, anchor in, or remain within the regulated area is
granted by the Captain of the Port Charleston or a designated
representative, all persons and vessels receiving such authorization
would be required to comply with the instructions of the Captain of the
Port Charleston or a designated representative. The Coast Guard would
provide notice of the regulated areas by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The economic impact of
this proposed rule is not significant for the following reasons: (1)
The special local
[[Page 27618]]
regulation would be enforced for only eight hours a day over a three-
day period; (2) although persons and vessels would not be able to
enter, transit through, anchor in, or remain within the regulated area
without authorization from the Captain of the Port Charleston or a
designated representative, they would be able to operate in the
surrounding area during the enforcement periods; (3) persons and
vessels would still be able to enter, transit through, anchor in, or
remain within the regulated area if authorized by the Captain of the
Port Charleston or a designated representative; and (4) the Coast Guard
would provide advance notification of the regulated area to the local
maritime community by Local Notice to Mariners and Broadcast Notice to
Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities: This proposed rule may affect the
following entities, some of which may be small entities: the owners or
operators of vessels intending to enter, transit through, anchor in, or
remain within that portion of the Atlantic Intracoastal Waterway
encompassed within the regulated area from 10 a.m. until 6 p.m. from
July 24, 2015, through July 26, 2015. 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 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), 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 special local regulation issued in conjunction
with a regatta or marine parade that will be enforced from 10:00 a.m.
until 6:00 p.m. on July 24, 2015 through July 26, 2015. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant
[[Page 27619]]
Instruction. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.T07-0045 to read as follows:
Sec. 100.T07-0045 Special Local Regulations; Southeast Drag Boat
Championships, Atlantic Intracoastal Waterway, Bucksport, SC.
(a) Regulated area. All waters of the Atlantic Intracoastal
Waterway encompassed by a line connecting the following points: point 1
in position 33[deg]39'13'' N 079[deg]05'36'' W; thence west to point 2
in position 33[deg]39'17'' N 079[deg]05'46'' W; thence south to point 3
in position 33[deg]38'53'' N 079[deg]05'39'' W; thence east to point 4
in position 33[deg]38'54'' N 079[deg]05'31'' W; thence north back to
point 1. All coordinates are North American Datum 1983.
(b) Definition. As used in this section, ``designated
representative'' means Coast Guard Patrol Commanders, including Coast
Guard coxswains, petty officers, and other officers operating Coast
Guard vessels, and Federal, state, and local officers designated by or
assisting the Captain of the Port Charleston in the enforcement of the
regulated areas.
(c) Regulations. (1) All persons and vessels, except those
participating in the Southeast Drag Boat Championships, or serving as
safety vessels, are prohibited from entering, transiting through,
anchoring in, or remaining within the regulated area. Persons and
vessels desiring to enter, transit through, anchor in, or remain within
the regulated area may contact the Captain of the Port Charleston by
telephone at (843) 740-7050, or a designated representative via VHF
radio on channel 16, to request authorization. If authorization to
enter, transit through, anchor in, or remain within the regulated area
is granted by the Captain of the Port Charleston or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Charleston
or a designated representative.
(2) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
(d) Enforcement period. This section will be enforced daily from 10
a.m. until 6 p.m. starting July 24, 2015, through July 26, 2015.
Dated: April 8, 2015.
B.D. Falk,
Commander, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2015-11676 Filed 5-13-15; 8:45 am]
BILLING CODE 9110-04-P