Special Local Regulation; Bucksport/Southeastern Drag Boat Summer Extravaganza, Atlantic Intracoastal Waterway; Bucksport, SC, 19942-19944 [2016-07891]
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19942
Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Proposed Rules
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2016–0010]
RIN 1625–AA08
Special Local Regulation; Bucksport/
Southeastern Drag Boat Summer
Extravaganza, Atlantic Intracoastal
Waterway; Bucksport, SC
AGENCY:
ACTION:
Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard proposes to
establish a special local regulation on
the Atlantic Intracoastal Waterway in
Bucksport, South Carolina during the
Bucksport/Southeastern Drag Boat
Summer Extravaganza, on July 9 and
July 10, 2016. This special local
regulation is necessary to ensure the
safety of participants, spectators, and
the general public during the event.
This proposed rulemaking would
prohibit persons and vessels from being
in the regulated area unless authorized
by the Captain of the Port Charleston or
a designated representative. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before May 6, 2016.
DATES:
You may submit comments
identified by docket number USCG–
2016–0010 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
ADDRESSES:
If
you have questions about this proposed
rulemaking, call or email Lieutenant
John Downing, Sector Charleston Office
of Waterways Management, Coast
Guard; telephone (843) 740–3184, email
John.Z.Downing@uscg.mil.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
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II. Background, Purpose, and Legal
Basis
On December 27, 2015, the Bucksport
Marina notified the Coast Guard that it
will sponsor a series of drag boat races
from 12 p.m. to 7 p.m. on July 9, and
July 10, 2016. The legal basis for the
proposed 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 on the navigable water of the
United States during the Bucksport/
Lake Murray Drag Boat Spring
Nationals, a series of high speed boat
races.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish
a special local regulation on the Atlantic
Intracoastal Waterway in Bucksport,
South Carolina during the Bucksport/
Southeastern Drag Boat Summer
Extravaganza, on July 9 and July 10,
2016. Approximately 75 powerboats are
anticipated to participate in the races
and approximately 35 spectator vessels
are expected to attend the event.
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. The Coast
Guard will provide notice of the special
local regulation by Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
IV. 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 and
Executive Orders and we discuss the
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 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. E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
PO 00000
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Fmt 4702
Sfmt 4702
flexibility. This NPRM has not been
designated a ‘‘significant regulatory
action,’’ under E.O. 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget.
This proposed rule is not a significant
regulatory action under section 3(f) of
E.O. 12866, Regulatory Planning and
Review, as supplemented by E.O. 13563,
Improving Regulation and Regulatory
Review, and does not require an
assessment of potential costs and
benefits under section 6(a)(3) of E.O.
12866 or under section 1 of E.O. 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 regulation
would be enforced for only seven hours
a day over a two-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.
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 certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
We have considered the impact of this
proposed rule on 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.
E:\FR\FM\06APP1.SGM
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Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Proposed Rules
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.
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 section. 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.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
C. Collection of Information
This proposed rule would 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 E.O. 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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in E.O. 13132.
Also, this proposed rule does not have
tribal implications under E.O. 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. If you
believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section above.
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
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17:24 Apr 05, 2016
Jkt 238001
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.
F. 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 (42
U.S.C. 4321–4370f), and have made a
preliminary determination 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 proposed rule
involves 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
proposed 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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. 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.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
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19943
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
Web site’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.T07–0010 to
read as follows:
■
§ 100.T07–0010 Special Local Regulations;
Bucksport/Southeastern Drag Boat Summer
Extravaganza, 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 are prohibited from entering,
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06APP1
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Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Proposed Rules
transiting through, anchoring in, or
remaining within the regulated area,
except persons and vessels participating
in Bucksport/Southeastern Drag Boat
Summer Extravaganza 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 from 12 p.m. until 7 p.m.
daily on July 9 and July 10, 2016.
Dated: March 29, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2016–07891 Filed 4–5–16; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 16–303; MB Docket No. 16–74; RM–
11763]
Radio Broadcasting Services;
Raymond, Washington
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
This document proposes to
amend the FM Table of Allotments by
allotting Channel 300A at Raymond,
Washington, as the community’s second
or third local service. After the filing of
the petition, a change of community
application was filed for Station
KBSG(FM) from Westport, Washington,
to Raymond, Washington. Therefore, if
the application is granted prior to the
issuance of the Report and Order in this
proceeding, Channel 300A would be a
third local service at Raymond, if
allotted. A staff engineering analysis
indicates that Channel 300A can be
allotted to Raymond consistent with the
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
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17:24 Apr 05, 2016
Jkt 238001
minimum distance separation
requirements of the Commission’s Rules
with a site restriction 4.7 kilometers (3.0
miles) southwest of the community. The
reference coordinates are 46–38–49 NL
and 123–45–11 WL.
Comments must be filed on or
before May 16, 2016, and reply
comments on or before May 31, 2016.
DATES:
Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554. In addition to
filing comments with the FCC,
interested parties should serve the rule
making petitioner and the counter
proponent as follows: Peter Gutmann,
Esq., Womble Carlyle Sandridge & Rice,
LLP, 1200 19th Street NW., 5th Floor,
Washington, DC 20036.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2700.
This is a
synopsis of the Commission’s Notice of
Proposed Rule Making, MB Docket No.
16–74, adopted March 22, 2016, and
released March 23, 2016. The full text
of this Commission decision is available
for inspection and copying during
normal business hours in the FCC’s
Reference Information Center at Portals
II, CY–A257, 445 12th Street SW.,
Washington, DC 20554. This document
does not contain proposed information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13.
In addition, therefore, it does not
contain any proposed information
collection burden ‘‘for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Provisions of the Regulatory
Flexibility Act of l980 do not apply to
this proceeding.
Members of the public should note
that from the time a Notice of Proposed
Rule Making is issued until the matter
is no longer subject to Commission
consideration or court review, all ex
parte contacts are prohibited in
Commission proceedings, such as this
one, which involve channel allotments.
See 47 CFR 1.1204(b) for rules
governing permissible ex parte contacts.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
Federal Communications Commission.
James Bradshaw,
Deputy Chief, Audio Division, Media Bureau.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336,
and 339.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Washington, is
amended by adding Raymond, Channel
300A.
■
[FR Doc. 2016–07888 Filed 4–5–16; 8:45 am]
BILLING CODE 6712–01–P
SUPPLEMENTARY INFORMATION:
List of Subjects in 47 CFR Part 73
PO 00000
Radio, Radio broadcasting.
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2016–0021]
Federal Motor Vehicle Safety
Standards; Occupant Crash Protection
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Denial of petition for
rulemaking.
AGENCY:
This document denies a
rulemaking petition submitted by Mr.
James E. Hofferberth on April 1, 2013.
His petition includes two requests: (1)
To regulate the performance of
supplementary automotive restraint
systems that are marketed specifically
for pregnant women; and (2) to require
prominent warning labels in all vehicles
with the intent of informing pregnant
women that ‘‘seat belts could injure or
kill their unborn child,’’ specifically by
crushing the unborn baby in a frontal
crash. NHTSA is denying the petition to
regulate the performance of these
systems because the agency does not
have sufficient information at this time
to state whether there is an additional
net safety benefit/disbenefit to be
derived from their use or whether one
type of device is superior to another.
NHTSA is denying the petition for
labeling because this would provide
advice that, if followed, would threaten
the safety of both the mother and the
unborn child in a crash.
FOR FURTHER INFORMATION CONTACT:
SUMMARY:
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Agencies
[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)]
[Proposed Rules]
[Pages 19942-19944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07891]
[[Page 19942]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0010]
RIN 1625-AA08
Special Local Regulation; Bucksport/Southeastern Drag Boat Summer
Extravaganza, 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 Bucksport/Southeastern Drag Boat Summer
Extravaganza, on July 9 and July 10, 2016. This special local
regulation is necessary to ensure the safety of participants,
spectators, and the general public during the event. This proposed
rulemaking would prohibit persons and vessels from being in the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 6, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0010 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, 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
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On December 27, 2015, the Bucksport Marina notified the Coast Guard
that it will sponsor a series of drag boat races from 12 p.m. to 7 p.m.
on July 9, and July 10, 2016. The legal basis for the proposed 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 on the navigable water of the United States during the Bucksport/
Lake Murray Drag Boat Spring Nationals, a series of high speed boat
races.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish a special local regulation on
the Atlantic Intracoastal Waterway in Bucksport, South Carolina during
the Bucksport/Southeastern Drag Boat Summer Extravaganza, on July 9 and
July 10, 2016. Approximately 75 powerboats are anticipated to
participate in the races and approximately 35 spectator vessels are
expected to attend the event. 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. The Coast Guard will provide notice of the special
local regulation by Local Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated representatives.
IV. 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 and Executive Orders and
we discuss the First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This NPRM has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not
been reviewed by the Office of Management and Budget.
This proposed rule is not a significant regulatory action under
section 3(f) of E.O. 12866, Regulatory Planning and Review, as
supplemented by E.O. 13563, Improving Regulation and Regulatory Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of E.O. 12866 or under section 1 of E.O. 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 regulation would be
enforced for only seven hours a day over a two-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.
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 certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. We have considered the impact of
this proposed rule on 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.
[[Page 19943]]
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.
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
section. 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.
C. Collection of Information
This proposed rule would 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 E.O. 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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this proposed rule does not have tribal implications under
E.O. 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. 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 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves 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 proposed 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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.T07-0010 to read as follows:
Sec. 100.T07-0010 Special Local Regulations; Bucksport/Southeastern
Drag Boat Summer Extravaganza, 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,
[[Page 19944]]
transiting through, anchoring in, or remaining within the regulated
area, except persons and vessels participating in Bucksport/
Southeastern Drag Boat Summer Extravaganza 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 from 12 p.m. until
7 p.m. daily on July 9 and July 10, 2016.
Dated: March 29, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-07891 Filed 4-5-16; 8:45 am]
BILLING CODE 9110-04-P