Special Local Regulation; Bucksport/Southeastern Drag Boat Summer Championships, Atlantic Intracoastal Waterway; Bucksport, SC, 19939-19941 [2016-07898]
Download as PDF
Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Proposed Rules
Insulation’’) or a different test? If so, to
which products should this test
apply? 13
(2) Affirmative Disclosures: Should
the Commission consider changing,
adding, or removing affirmative
disclosures required by the Rule for
labeling and advertising related to mass
insulation, reflective insulation, or
radiant barriers?
(3) Foam Insulation: Given the
significant increase in the use of foam
insulation products since the last Rule
review, should the Commission
consider any Rule changes to help
prevent deception in the marketing of
such products, or reduce unnecessary
burdens on sellers?
(4) Testing Requirements: Should the
Commission consider any changes to
the testing provisions in the Rule? Such
potential changes include, but are not
limited to, test updates, the addition of
new or existing tests not currently
referenced in the Rule, or changes to
other testing-related requirement such
as the Rule’s ‘‘tolerance’’ provision
(§ 460.8).14 Are there any tests currently
referenced in the Rule that should be
removed?
IV. Comment Submissions
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before June 6, 2016. Write ‘‘16 CFR part
460—R-value Rule Review, File No.
R811001’’ on your comment. Your
comment—including your name and
your state—will be placed on the public
record of this proceeding, including, to
the extent practicable, on the public
Commission Web site, at https://
www.ftc.gov/os/publiccomments.shtm.
As a matter of discretion, the
Commission tries to remove individuals’
home contact information from
13 Certain types of cellular plastics insulations
(e.g., polyurethane, polyisocyanurate, and extruded
polystyrene boardstock insulations) contain a gas
other than normal air in the product’s voids (i.e.,
small spaces or bubbles throughout the material).
Such gas gives the product an initial R-value that
is higher than it would have if the voids contained
normal air. However, the R-value for these
insulations decreases over time as the gas escapes
the material and is replaced by normal air.
The current Rule addresses this aging process by
requiring that R-value tests be performed on
specimens that ‘‘fully reflect the effect of aging on
the product’s R-value.’’ Section 460.5(a)(1) of the
Rule accepts the use of the ‘‘accelerated aging’’
procedure in General Services Administration
(‘‘GSA’’) Purchase Specification HH–I–530A (which
was in effect at the time the Commission
promulgated the Rule) as a permissible ‘‘safe
harbor’’ procedure, but also allows manufacturers to
use ‘‘another reliable procedure.’’
14 The tolerance provision (§ 460.8) states that no
individual specimen of the insulation an industry
member sells can have an R-value more than 10%
below the R-value shown on the product’s label.
VerDate Sep<11>2014
17:24 Apr 05, 2016
Jkt 238001
comments before placing them on the
Commission Web site.
Because your comment will be made
public, you are solely responsible for
making sure that your comment does
not include any sensitive personal
information, such as anyone’s Social
Security number, date of birth, driver’s
license number or other state
identification number or foreign country
equivalent, passport number, financial
account number, or credit or debit card
number. You are also solely responsible
for making sure that your comment does
not include any sensitive health
information, like medical records or
other individually identifiable health
information. In addition, do not include
any ‘‘[t]rade secret or any commercial or
financial information which is . . .
privileged or confidential,’’ as discussed
in section 6(f) of the FTC Act, 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). In particular, do not include
competitively sensitive information
such as costs, sales statistics,
inventories, formulas, patterns, devices,
manufacturing processes, or customer
names.
If you want the Commission to give
your comment confidential treatment,
you must file it in paper form, with a
request for confidential treatment, and
you have to follow the procedure
explained in FTC Rule 4.9(c), 16 CFR
4.9(c). Your comment will be kept
confidential only if the FTC General
Counsel grants your request in
accordance with the law and the public
interest.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
result, we encourage you to submit your
comments online, or send them to the
Commission by courier or overnight
service. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/rvaluereview, by following the
instruction on the web-based form. If
this Notice appears at https://
www.regulations.gov, you also may file
a comment through that Web site.
If you prefer to file your comment on
paper, write ‘‘16 CFR part 460—R-value
Rule Review, File No. R811001’’ on your
comment and on the envelope, and mail
your comment to the following address:
Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW., Suite CC–5610 (Annex B),
Washington, DC 20580, or deliver your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th
Street SW., 5th Floor, Suite 5610
(Annex B), Washington, DC 20024. If
PO 00000
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19939
possible, submit your paper comment to
the Commission by courier or overnight
service.
Visit the Commission Web site at
https://www.ftc.gov to read this ANPR
and the news release describing it. The
FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding, as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before June 6, 2016. For information on
the Commission’s privacy policy,
including routine uses permitted by the
Privacy Act, see https://www.ftc.gov/ftc/
privacy.htm.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2016–07679 Filed 4–5–16; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2016–0011]
RIN 1625–AA08
Special Local Regulation; Bucksport/
Southeastern Drag Boat Summer
Championships, Atlantic Intracoastal
Waterway; Bucksport, SC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a special local regulation on
the Atlantic Intracoastal Waterway in
Bucksport, South Carolina during the
Bucksport/Southeastern Drag Boat
Summer Championships, on August 13,
and August 14, 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.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–0011 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
DATES:
E:\FR\FM\06APP1.SGM
06APP1
19940
Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Proposed Rules
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:
Guard will provide notice of the special
local regulation by Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
I. Table of Abbreviations
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.
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
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
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 August 13,
and August 14, 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 Bucksport/
Southeastern Drag Boat Summer
Championships, on August 13 and
August 14, 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
VerDate Sep<11>2014
17:24 Apr 05, 2016
Jkt 238001
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.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended
requires Federal agencies to consider
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Fmt 4702
Sfmt 4702
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.
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
E:\FR\FM\06APP1.SGM
06APP1
Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Proposed Rules
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.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
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 rule.
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
17:24 Apr 05, 2016
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
G. Protest Activities
VerDate Sep<11>2014
jeopardizing the safety or security of
people, places, or vessels.
Jkt 238001
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.T07–0011 to
read as follows:
■
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Fmt 4702
Sfmt 4702
19941
§ 100.T07–0011 Special Local Regulations;
Bucksport/Southeastern Drag Boat Summer
Championships, Atlantic Intracoastal
Waterway, Bucksport, SC.
(a) Regulated area. All waters of the
Atlantic Intracoastal Waterway
encompassed by a line connecting the
following points: point 1 in position
33°39′13″ N., 079°05′36″ W.; thence
west to point 2 in position 33°39′17″ N.,
079°05′46″ W.; thence south to point 3
in position 33°38′53″ N., 079°05′39″ W.;
thence east to point 4 in position
33°38′54″ N, 079°05′31″ W.; thence
north back to point 1. All coordinates
are North American Datum 1983.
(b) Definition. As used in this section,
‘‘designated representative’’ means
Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty
officers, and other officers operating
Coast Guard vessels, and Federal, state,
and local officers designated by or
assisting the Captain of the Port
Charleston in the enforcement of the
regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area,
except persons and vessels participating
in Bucksport/Southeastern Drag Boat
Summer Championships 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 August 13 and
August 14, 2016 from 12 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. 2016–07898 Filed 4–5–16; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\06APP1.SGM
06APP1
Agencies
[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)]
[Proposed Rules]
[Pages 19939-19941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07898]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0011]
RIN 1625-AA08
Special Local Regulation; Bucksport/Southeastern Drag Boat Summer
Championships, Atlantic Intracoastal Waterway; Bucksport, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a special local
regulation on the Atlantic Intracoastal Waterway in Bucksport, South
Carolina during the Bucksport/Southeastern Drag Boat Summer
Championships, on August 13, and August 14, 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-
2016-0011 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public
[[Page 19940]]
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 August 13, and August 14, 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
Bucksport/Southeastern Drag Boat Summer Championships, on August 13 and
August 14, 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.
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
[[Page 19941]]
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 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.T07-0011 to read as follows:
Sec. 100.T07-0011 Special Local Regulations; Bucksport/Southeastern
Drag Boat Summer Championships, Atlantic Intracoastal Waterway,
Bucksport, SC.
(a) Regulated area. All waters of the Atlantic Intracoastal
Waterway encompassed by a line connecting the following points: point 1
in position 33[deg]39'13'' N., 079[deg]05'36'' W.; thence west to point
2 in position 33[deg]39'17'' N., 079[deg]05'46'' W.; thence south to
point 3 in position 33[deg]38'53'' N., 079[deg]05'39'' W.; thence east
to point 4 in position 33[deg]38'54'' N, 079[deg]05'31'' W.; thence
north back to point 1. All coordinates are North American Datum 1983.
(b) Definition. As used in this section, ``designated
representative'' means Coast Guard Patrol Commanders, including Coast
Guard coxswains, petty officers, and other officers operating Coast
Guard vessels, and Federal, state, and local officers designated by or
assisting the Captain of the Port Charleston in the enforcement of the
regulated areas.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area, except persons and vessels participating in Bucksport/
Southeastern Drag Boat Summer Championships 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 August 13
and August 14, 2016 from 12 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. 2016-07898 Filed 4-5-16; 8:45 am]
BILLING CODE 9110-04-P