Special Local Regulation; Bucksport/Lake Murray Drag Boat Spring Nationals, Atlantic Intracoastal Waterway; Bucksport, SC, 19038-19040 [2016-07588]
Download as PDF
19038
Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations
G. 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.
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233
2. Add a temporary § 100.35T07–1055
to read as follows:
■
Charleston by telephone at (843) 740–
7050, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated area is granted by
the Captain of the Port Charleston or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Charleston or a
designated representative.
(2) The Coast Guard will provide
notice of the regulated area by Marine
Safety Information Bulletins, Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Date. This rule will
be enforced daily from 8:30 a.m. until 5
p.m. from April 15 through April 17,
2016.
Dated: March 29, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2016–07589 Filed 4–1–16; 8:45 am]
BILLING CODE 9110–04–P
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§ 100.35T07–1055 Special Local
Regulation; Charleston Race Week,
Charleston Harbor, Charleston, SC.
(a) Regulated Area. A special local
regulation is established on waters of
Charleston Harbor in Charleston, South
Carolina. The special local regulations
will be enforced daily from 8:30 a.m.
until 5 p.m. from April 15, 2016 through
April 17, 2016. The special local
regulations consist of the following
three race areas.
(1) Race Area #1. All waters
encompassed within a 700 yard radius
of position 32°46′10″ N. 79°55′15″ W.
(2) Race Area #2. All waters
encompassed within a 700 yard radius
of position 32°46′02″ N. 79°54′15″ W.
(3) Race Area #3. All waters
encompassed within a 700 yard radius
of position 32°45′55″ N. 79°53′39″ W.
(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 are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area,
except persons and vessels participating
in Charleston Race Week or serving as
safety vessels. Persons and vessels
desiring to enter, transit through, anchor
in, or remain within the regulated area
may contact the Captain of the Port
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2016–0009]
RIN 1625–AA08
Special Local Regulation; Bucksport/
Lake Murray Drag Boat Spring
Nationals, 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
Bucksport/Lake Murray Drag Boat
Spring Nationals, on June 4 and June 5,
2016. This special local regulation is
necessary to ensure the safety of
participants, spectators, and the general
public during the event. This regulation
prohibits persons and vessels from
being in the regulated area unless
authorized by the Captain of the Port
Charleston or a designated
representative.
SUMMARY:
This rule is effective from June
4, 2016 through June 5, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
DATES:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
www.regulations.gov, type USCG–2016–
0009 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, call
or email Lieutenant John Downing,
Sector Charleston Office of Waterways
Management, Coast Guard; telephone
(843) 740–3184, email John.Z.Downing@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On December 27, 2015, the Bucksport
Marina notified the Coast Guard that it
will sponsor a series of drag boat races
from 1 p.m. to 7 p.m. on June 4 and June
5, 2016. In response, on February 5,
2016, the Coast Guard published a
notice of proposed rulemaking titled
Bucksport/Lake Murray Drag Boat
Spring Nationals, Atlantic Intracoastal
Waterway; Bucksport, SC. There we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action related to this special
local regulation. During the comment
period that ended March 7, 2016, we
received no comments.
III. Legal Authority and Need for Rule
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
insure safety of life on navigable waters
of the United States during the two days
of drag boat races.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
February 5, 2016. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM. From
June 4, 2016 through June 5, 2016,
Bucksport Marina will host a series of
drag boat races on the Atlantic
Intracoastal Waterway in Bucksport,
South Carolina during the Bucksport/
Lake Murray Drag Boat Spring
Nationals. Approximately 50
powerboats are anticipated to
participate in the races and
approximately 35 spectator vessels are
expected to attend the event. This rule
establishes a special local regulation on
certain waters on the Atlantic
E:\FR\FM\04APR1.SGM
04APR1
Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations
Intracoastal Waterway in Bucksport,
South Carolina. The special local
regulation will be enforced daily from 1
p.m. until 7 p.m. on June 4, 2016 and
June 5, 2016.
Except for those persons and vessels
participating in the drag boat races,
persons and vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within any of the race
areas unless specifically authorized by
the Captain of the Port Charleston or a
designated representative. Persons and
vessels desiring to enter, transit through,
anchor in, or remain within any of the
race areas 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 race
areas 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. The Coast
Guard will provide notice of the
regulated areas by Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
mstockstill on DSK4VPTVN1PROD with RULES
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget. 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
VerDate Sep<11>2014
17:02 Apr 01, 2016
Jkt 238001
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
significant for the following reasons: (1) Nonparticipant persons and vessels may enter,
transit through, anchor in, or remain within
the regulated area during the enforcement
periods if authorized by the Captain of the
Port Charleston or a designated
representative; (2) vessels not 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 may operate in the
surrounding areas during the enforcement
period; and (3) the Coast Guard will provide
advance notification of the special local
regulation to the local maritime community
by Local Notice to Mariners and Broadcast
Notice to Mariners. (4) the safety zone will
impact only a small designated area of the
Atlantic Intracoastal Waterway for the 2 days
of June 4, and 5, from 1p.m. to 7 p.m., and
thus is limited in time and scope.
The Regulatory Flexibility Act of
1980, 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 received no comments
from the Small Business Administration
on this rulemaking. 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 owner or operators of
vessels intending to enter, transit
through, anchor in, or remain within the
regulated area during the enforcement
period. For the reasons discussed in
Regulatory Planning and Review section
above, this rule will not have a
significant economic impact on a
substantial number of small entities.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this 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.
Frm 00019
Fmt 4700
Sfmt 4700
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.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
B. Impact on Small Entities
PO 00000
19039
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 is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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,
E:\FR\FM\04APR1.SGM
04APR1
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Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations
we do discuss the effects of this rule
elsewhere in this preamble.
F. 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 (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.
An environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
G. 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.
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:
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 are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area,
except persons and vessels participating
in Bucksport/Lake Murray Drag Boat
Spring Nationals or serving as safety
vessels. Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port
Charleston by telephone at (843)740–
7050, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated area is granted by
the Captain of the Port Charleston or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Charleston or a
designated representative.
(2) The Coast Guard will provide
notice of the regulated area by Marine
Safety Information Bulletins, Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Date. This rule will
be enforced daily on June 4 and June 5,
2016, from 1 p.m. until 7 p.m.
Dated: March 29, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
[FR Doc. 2016–07588 Filed 4–1–16; 8:45 am]
1. The authority citation for part 100
continues to read as follows:
■
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35T07–0009
to read as follows:
mstockstill on DSK4VPTVN1PROD with RULES
■
DEPARTMENT OF HOMELAND
SECURITY
§ 100.35T07–0009 Bucksport/Lake Murray
Drag Boat Spring Nationals, Atlantic
Intracoastal Waterway; Bucksport, SC.
Coast Guard
(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.,
VerDate Sep<11>2014
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Jkt 238001
33 CFR Part 117
[Docket No. USCG–2016–0239]
Drawbridge Operation Regulation;
Three Mile Slough, Rio Vista, CA
AGENCY:
PO 00000
Coast Guard, DHS.
Frm 00020
Fmt 4700
Sfmt 4700
Notice of deviation from
drawbridge regulation.
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Highway 160
drawbridge across Three Mile Slough,
mile 0.1, at Rio Vista, CA. The deviation
is necessary to allow the bridge owner
to complete the necessary sand blasting
and painting rehabilitation. This
deviation allows the bridge to be
secured in the closed-to-navigation
position during the deviation period.
DATES: This deviation is effective from
12:01 a.m. on April 11, 2016 to 11:59
p.m. on April 17, 2016.
ADDRESSES: The docket for this
deviation, [USCG–2016–0239], is
available at 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 deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email David H.
Sulouff, Chief, Bridge Section, Eleventh
Coast Guard District; telephone 510–
437–3516, email David.H.Sulouff@
uscg.mil.
SUPPLEMENTARY INFORMATION: The
California Department of Transportation
has requested a temporary change to the
operation of the Highway 160
drawbridge, mile 0.1, over Three Mile
Slough, at Rio Vista, CA. The
drawbridge navigation span provides 12
feet vertical clearance above Mean High
Water in the closed-to-navigation
position. In accordance with 33 CFR
117.5, the draw opens on signal.
Navigation on the waterway is
commercial, search and rescue, law
enforcement, and recreational.
The drawbridge will be secured in the
closed-to-navigation position from 12:01
a.m. on April 11, 2016 to 11:59 p.m. on
April 17, 2016, to allow the bridge
owner to complete the necessary sand
blasting and painting rehabilitation after
unforeseen events have caused project
delays. A containment scaffolding
system has been installed below low
steel of the entire length of the bridge
structure, reducing vertical clearance for
navigation by not more than 4 feet, and
is lighted at night with red lights. This
temporary deviation has been
coordinated with the waterway users.
No objections to the proposed
temporary deviation were raised.
Vessels able to pass through the
bridge in the closed position may do so
at any time. The bridge will not be able
to open for emergencies. The confluence
of the San Joaquin and Sacramento
rivers can be used as an alternate route
SUMMARY:
E:\FR\FM\04APR1.SGM
04APR1
Agencies
[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Rules and Regulations]
[Pages 19038-19040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07588]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0009]
RIN 1625-AA08
Special Local Regulation; Bucksport/Lake Murray Drag Boat Spring
Nationals, 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 Bucksport/Lake Murray Drag Boat Spring Nationals, on June 4 and
June 5, 2016. This special local regulation is necessary to ensure the
safety of participants, spectators, and the general public during the
event. This regulation prohibits persons and vessels from being in the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative.
DATES: This rule is effective from June 4, 2016 through June 5, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0009 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant John Downing, Sector Charleston Office of
Waterways Management, Coast Guard; telephone (843) 740-3184, email
John.Z.Downing@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On December 27, 2015, the Bucksport Marina notified the Coast Guard
that it will sponsor a series of drag boat races from 1 p.m. to 7 p.m.
on June 4 and June 5, 2016. In response, on February 5, 2016, the Coast
Guard published a notice of proposed rulemaking titled Bucksport/Lake
Murray Drag Boat Spring Nationals, Atlantic Intracoastal Waterway;
Bucksport, SC. There we stated why we issued the NPRM, and invited
comments on our proposed regulatory action related to this special
local regulation. During the comment period that ended March 7, 2016,
we received no comments.
III. Legal Authority and Need for Rule
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 insure safety of life on navigable waters of the United
States during the two days of drag boat races.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
February 5, 2016. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM. From June 4, 2016 through June
5, 2016, Bucksport Marina will host a series of drag boat races on the
Atlantic Intracoastal Waterway in Bucksport, South Carolina during the
Bucksport/Lake Murray Drag Boat Spring Nationals. Approximately 50
powerboats are anticipated to participate in the races and
approximately 35 spectator vessels are expected to attend the event.
This rule establishes a special local regulation on certain waters on
the Atlantic
[[Page 19039]]
Intracoastal Waterway in Bucksport, South Carolina. The special local
regulation will be enforced daily from 1 p.m. until 7 p.m. on June 4,
2016 and June 5, 2016.
Except for those persons and vessels participating in the drag boat
races, persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within any of the race areas unless
specifically authorized by the Captain of the Port Charleston or a
designated representative. Persons and vessels desiring to enter,
transit through, anchor in, or remain within any of the race areas 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 race areas 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.
The Coast Guard will provide notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget. 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 significant for the
following reasons: (1) Non-participant persons and vessels may
enter, transit through, anchor in, or remain within the regulated
area during the enforcement periods if authorized by the Captain of
the Port Charleston or a designated representative; (2) vessels not
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 may operate in the
surrounding areas during the enforcement period; and (3) the Coast
Guard will provide advance notification of the special local
regulation to the local maritime community by Local Notice to
Mariners and Broadcast Notice to Mariners. (4) the safety zone will
impact only a small designated area of the Atlantic Intracoastal
Waterway for the 2 days of June 4, and 5, from 1p.m. to 7 p.m., and
thus is limited in time and scope.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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 received no comments from the Small Business
Administration on this rulemaking. 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 owner or operators of vessels intending to enter,
transit through, anchor in, or remain within the regulated area during
the enforcement period. For the reasons discussed in Regulatory
Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this 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.
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.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
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 is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. 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,
[[Page 19040]]
we do discuss the effects of this rule elsewhere in this preamble.
F. 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 (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.
An environmental analysis checklist supporting this determination
and a Categorical Exclusion Determination are available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this rule.
G. 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.
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. 100.35T07-0009 to read as follows:
Sec. 100.35T07-0009 Bucksport/Lake Murray Drag Boat Spring Nationals,
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 are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area, except persons and vessels participating in Bucksport/
Lake Murray Drag Boat Spring Nationals or serving as safety vessels.
Persons and vessels desiring to enter, transit through, anchor in, or
remain within the regulated area may contact the Captain of the Port
Charleston by telephone at (843)740-7050, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
(2) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
(d) Enforcement Date. This rule will be enforced daily on June 4
and June 5, 2016, from 1 p.m. until 7 p.m.
Dated: March 29, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-07588 Filed 4-1-16; 8:45 am]
BILLING CODE 9110-04-P