Special Local Regulations; Southeast Drag Boat Championships, Atlantic Intracoastal Waterway; Bucksport, SC, 42030-42032 [2015-17455]
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Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations
place the word ‘‘subpoena’’ and remove
the word ‘‘supoenaed,’’ and add in its
place the word ‘‘subpoenaed.’’
PART 1266—CROSS-WAIVER OF
LIABILITY
12. The authority citation for part
1266 is revised to read as follows:
■
Authority: 51 U.S.C. 20139 and 51 U.S.C.
20113(a), (e), and (f).
Cheryl E. Parker,
NASA Federal Register Liaison Officer.
[FR Doc. 2015–17214 Filed 7–15–15; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2015–0045]
Table of Acronyms
RIN 1625–AA08
Special Local Regulations; Southeast
Drag Boat Championships, Atlantic
Intracoastal Waterway; Bucksport, SC
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing 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 will take place from 10 a.m. until
6 p.m. daily from July 24, 2015 through
July 26, 2015. Approximately 50 highspeed race boats are expected 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. Furthermore, 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 July
24, 2015 until July 26, 2015. This rule
will be enforced daily from 10 a.m. until
6 p.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0045. To view documents
mentioned in this preamble as being
available in the docket, go to https://
tkelley on DSK3SPTVN1PROD with RULES
DATES:
VerDate Sep<11>2014
16:14 Jul 15, 2015
Jkt 235001
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
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:
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
A. Regulatory History and Information
On May 14, 2015, the Coast Guard
published a notice of proposed
rulemaking (NPRM) entitled Special
Local Regulations; Southeast Drag Boat
Championships, Atlantic Intracoastal
Waterway, Bucksport, SC in the Federal
Register (78 FR 16205). 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 Southeast Drag Boat
Championships.
C. Discussion of Rule
From July 24, 2015 until July 26,
2015, the Bucksport Marina will host
the Southeast Drag Boat
Championships, 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.
This special local regulation
encompasses certain waters of the
Atlantic Intracoastal Waterway in
Bucksport, South Carolina. This special
local regulation will be enforced daily
from 10 a.m. until 6 p.m. on July 24,
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
2015 until July 26, 2015. This special
local regulation consists of a regulated
area around vessels participating in the
event. 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 expected 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
E:\FR\FM\16JYR1.SGM
16JYR1
Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations
representative; and (3) advance
notification will be made to the local
maritime community via broadcast
notice to mariners.
tkelley on DSK3SPTVN1PROD with RULES
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this 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 of the Atlantic Intracoastal
Waterway encompassed within the
regulated area from 10 a.m. until 6 p.m.
daily from July 24, 2015 through July
26, 2015. However, this special local
regulation would be activated, and thus
subject to enforcement, for only three
days over a weekend. Additionally,
traffic will be allowed to pass through
the regulated area with the
authorization of the Captain of the Port
of Charleston or a designated
representative, and all vessels will be
permitted to operate in the surrounding
area during the effective period.
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
VerDate Sep<11>2014
16:14 Jul 15, 2015
Jkt 235001
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).
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
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 rule
will not result in such 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.
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
42031
10. Protection of Children From
Environmental Health Risks
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. 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:
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16JYR1
42032
Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233
2. Add a temporary § 100.35T07–0045
to read as follows:
■
tkelley on DSK3SPTVN1PROD with RULES
§ 100.35T07–0045 Special Local
Regulations; Southeast Drag Boat
Championships, Atlantic Intracoastal
Waterway, Bucksport, SC.
16:14 Jul 15, 2015
Jkt 235001
Dated: June 30, 2015.
B.D. Falk,
Commander, U.S. Coast Guard, Acting
Captain of the Port Charleston.
[FR Doc. 2015–17455 Filed 7–15–15; 8:45 am]
BILLING CODE 9110–04–P
(a) Regulated area. The following
regulated area is established as a special
local regulation: All waters of the
Atlantic Intracoastal Waterway
encompassed within the following
points; starting at point 1 in position
33°39′11.46″ N, 079°05′36.78″ W; thence
west to point 2 in position 33°39′12.18″
N, 079°05′47.76″ W; thence south to
point 3 in position 33°38′39.48″ N,
079°05′37.44″ W; thence east to point 4
in position 33°38′42.3″ N, 079°05′30.6″
W; thence north back to origin. All
coordinates are North American Datum
1983.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Charleston in the
enforcement of the regulated area.
(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.
VerDate Sep<11>2014
(d) Enforcement date. This rule will
be enforced from 10 a.m. until 6 p.m.
daily from July 24, 2015 through July
26, 2015.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2015–0192]
RIN 1625–AA08
Special Local Regulations; Beaufort
Water Festival, Beaufort, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation
pertaining to the Beaufort Water Festival
from 12:00 p.m. through 4:00 p.m. on
July 26, 2015. This action is necessary
to ensure safety of life on navigable
waters of the United States during the
Beaufort Water Festival Air Show.
During the enforcement period, this
special local regulation establishes a
regulated area which all people and
vessels will be prohibited from entering,
transiting through, anchoring, or
remaining within. Vessels may enter,
transit through, anchor in, or remain
within the area if authorized by the
Captain of the Port Charleston or a
designated representative.
DATES: This rule is effective on July 26,
2015, and will be enforced from 12:00
p.m. until 4:00 p.m.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2015–
0192 and are available online by going
to https://www.regulations.gov, inserting
USCG–2015–0192 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the 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,
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 Sector Charleston Office of
Waterways Management, Coast Guard;
SUMMARY:
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
telephone 843–740–3184, email
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
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(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking with
respect to this rule because the Coast
Guard did not receive necessary
information about the event until March
19, 2015. As a result, the Coast Guard
did not have sufficient time to publish
a notice of proposed rulemaking and to
receive public comments prior to the
event. In addition, any delay in the
effective date of this rule would be
impracticable for the same insufficient
time as noted above and because
immediate action is needed to minimize
potential danger to the race participants,
spectators and the public.
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 on navigable waters
of the United States during the Beaufort
Water Festival.
C. Discussion of Comments, Changes
and the Final Rule
This temporary rule creates a
regulated area that will encompass a
portion of the Beaufort River that is 700
ft wide by 2600 ft in length, west of the
Woods Memorial Bridge in front of
Waterfront Park in Beaufort, SC.
Spectator vessels may safely transit
outside the regulated area, but are
prohibited from entering, transiting
through, anchoring, or remaining within
the regulated area. The Coast Guard may
be assisted by other Federal, State, or
local law enforcement agencies in
enforcing this regulation. Persons and
vessels may not enter, transit through,
E:\FR\FM\16JYR1.SGM
16JYR1
Agencies
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42030-42032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17455]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-0045]
RIN 1625-AA08
Special Local Regulations; Southeast Drag Boat Championships,
Atlantic Intracoastal Waterway; Bucksport, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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 will take place from 10 a.m. until 6 p.m. daily from
July 24, 2015 through July 26, 2015. Approximately 50 high-speed race
boats are expected 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. Furthermore,
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 July 24, 2015 until July 26, 2015.
This rule will be enforced daily from 10 a.m. until 6 p.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0045. 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 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 May 14, 2015, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled Special Local Regulations; Southeast Drag
Boat Championships, Atlantic Intracoastal Waterway, Bucksport, SC in
the Federal Register (78 FR 16205). 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 Southeast Drag Boat Championships.
C. Discussion of Rule
From July 24, 2015 until July 26, 2015, the Bucksport Marina will
host the Southeast Drag Boat Championships, 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.
This special local regulation encompasses certain waters of the
Atlantic Intracoastal Waterway in Bucksport, South Carolina. This
special local regulation will be enforced daily from 10 a.m. until 6
p.m. on July 24, 2015 until July 26, 2015. This special local
regulation consists of a regulated area around vessels participating in
the event. 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 expected 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
[[Page 42031]]
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 of the
Atlantic Intracoastal Waterway encompassed within the regulated area
from 10 a.m. until 6 p.m. daily from July 24, 2015 through July 26,
2015. However, this special local regulation would be activated, and
thus subject to enforcement, for only three days over a weekend.
Additionally, traffic will be allowed to pass through the regulated
area with the authorization of the Captain of the Port of Charleston or
a designated representative, and all vessels will be permitted to
operate in the surrounding area during the effective period.
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).
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
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 rule will not result in
such 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 From Environmental Health Risks
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. 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:
[[Page 42032]]
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233
0
2. Add a temporary Sec. 100.35T07-0045 to read as follows:
Sec. 100.35T07-0045 Special Local Regulations; Southeast Drag Boat
Championships, 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 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
area.
(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.
(d) Enforcement date. This rule will be enforced from 10 a.m. until
6 p.m. daily from July 24, 2015 through July 26, 2015.
Dated: June 30, 2015.
B.D. Falk,
Commander, U.S. Coast Guard, Acting Captain of the Port Charleston.
[FR Doc. 2015-17455 Filed 7-15-15; 8:45 am]
BILLING CODE 9110-04-P