Special Local Regulation; Beaufort Water Festival, Beaufort, SC, 30221-30224 [2016-11471]
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Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Proposed Rules
proposed collection of information
before submitting the collection to OMB
for approval. To comply with this
requirement, we also are publishing this
notice of the proposed collection of
information set forth in this document
and seeking public comment.
II. Significance of Guidance
This level 1 draft guidance is being
issued consistent with FDA’s good
guidance practices regulation (21 CFR
10.115). The draft guidance, when
finalized, will represent the current
thinking of FDA on Qualified Facility
Attestation Using Form FDA 3942a (for
Human Food) or Form FDA 3942b (for
Animal Food). It does not establish any
rights for any person and is not binding
on FDA or the public. You can use an
alternative approach if it satisfies the
requirements of the applicable statutes
and regulations.
III. Paperwork Reduction Act of 1995
The draft guidance entitled ‘‘Qualified
Facility Attestation Using Form FDA
3942a (for Human Food) or Form FDA
3942b (for Animal Food)’’ contains
information collection provisions that
are subject to review by the Office of
Management and Budget (OMB) under
the PRA (44 U.S.C. 3501–3520). A
description of these provisions is given
below with an estimate of the associated
annual reporting burden. Included in
the estimate is the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing each collection of
information.
We invite comments on: (1) Whether
the proposed collection of information
is necessary for the proper performance
of FDA’s functions, including whether
the information will have practical
utility; (2) the accuracy of FDA’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used; (3) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques,
when appropriate, and other forms of
information technology.
Title: Qualified Facility Attestation
Using Form FDA 3942a (for Human
Food) or Form FDA 3942b (for Animal
Food).
Description: This draft guidance
describes FDA procedures regarding the
submission of attestations as established
under both the Preventive Controls for
Human Food Rule and Preventive
Controls for Animal Food Rule.
Proposed forms FDA 3942a and FDA
3942b have been developed for use by
a business in reporting its status as a
‘‘qualified facility’’ under the applicable
regulations.
Description of Respondents:
Respondents to the collection of
information are owners, operators or
agents in charge of domestic or foreign
facilities that manufacture, process,
pack, or hold food for human or animal
consumption in the United States
asserting that a facility is a ‘‘qualified
facility’’ under applicable FDA
regulations.
We estimate the burden for this
collection of information as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Guidance section
Number of
respondents
FDA form
Number of
responses per
respondent
Total annual
responses
Average burden per
response
Total hours
Section II; Human Food ...............
Section III; Animal Food ..............
3942a
3942b
37,134
1,120
0.5
0.5
18,567
560
0.5 (30 minutes) ........
0.5 (30 minutes) ........
9,284
280
Total ......................................
........................
........................
........................
........................
....................................
9,564
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1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
Consistent with the estimates found
in our Preventive Controls for Human
Food Rule, we calculate that
approximately 37,134 human food
facilities will spend approximately 30
minutes (0.5 hour) reporting their status
as such to FDA every 2 years. Thus,
dividing this figure by 2 to determine
the annual burden, we estimate there
will be a total of 18,567 responses and
a total of 9,284 burden hours associated
with this collection element.
Similarly, and consistent with the
estimates found in our Preventive
Controls for Animal Food Rule, we
estimate that approximately 1,120
animal food facilities will spend
approximately 30 minutes (0.5 hour)
reporting their status as such to FDA
every 2 years. Thus, dividing this figure
by 2 to determine an annual burden, we
estimate there will be a total of 560
responses and a total of 280 burden
hours associated with this information
collection element.
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This draft guidance also refers to
previously approved collections of
information found in FDA regulations.
The collections of information in part
117 have been approved under OMB
control number 0910–0751. The
collections of information in part 507
have been approved under OMB control
number 0910–0789.
Dated: May 10, 2016.
Leslie Kux,
Associate Commissioner for Policy.
IV. Electronic Access
Coast Guard
Persons with access to the Internet
may obtain the draft guidance,
including its appendices containing
instructions for filling out Forms FDA
3942a and 3942b and the proposed
Forms FDA 3942a and 3942b, at either
https://www.fda.gov/FoodGuidances or
https://www.regulations.gov. Use the
FDA Web site listed in the previous
sentence to find the most current
version of the guidance.
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[FR Doc. 2016–11439 Filed 5–13–16; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 100
[Docket Number USCG–2016–0185]
RIN 1625–AA08
Special Local Regulation; Beaufort
Water Festival, Beaufort, SC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a special local regulation on
the waters of the Beaufort River,
Beaufort, South Carolina, during the
SUMMARY:
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Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Proposed Rules
Beaufort Water Festival on July 23,
2016. This action is necessary to ensure
safety of life on navigable waters of the
United States during the Beaufort Water
Festival Air Show. 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.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 15, 2016.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–0185 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
§ Section
U.S.C. United States Code
COTP Captain of the Port
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II. Background, Purpose, and Legal
Basis
On March 3, 2016, the Coast Guard
received a marine event application for
the 2016 Beaufort Water Festival Air
Show that will take place from noon to
5 p.m. on July 23, 2016. The purpose of
the proposed rule is to ensure safety of
life on the navigable waters of the
United States during the Beaufort Water
Festival Air Show. The legal basis for
the proposed rule is the Coast Guard’s
Authority to establish special local
regulations: 33 U.S.C. 1233.
III. Discussion of Proposed Rule
The COTP proposes to establish a
special local regulation on the waters of
the Beaufort River, Beaufort, South
Carolina during the Beaufort Water
Festival Air Show. The event is
scheduled to take place on July 23, 2016
from noon to 5 p.m. Approximately 100
spectator vessels are expected to attend
the event. Persons and vessels desiring
to enter, transit through, anchor in, or
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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.
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
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The economic impact of this proposed
rule is not significant for the following
reasons: (1) The special local regulations
would be enforced for only five hours
(2) although persons and vessels would
not be able to enter, transit through,
anchor, 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
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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’’ 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).
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Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Proposed Rules
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.
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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
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14:38 May 13, 2016
Jkt 238001
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
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:
Frm 00007
Fmt 4702
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
G. Protest Activities
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Sfmt 4702
Authority: 33 U.S.C. 1233
2. Add a temporary § 100.35T07–0185
to read as follows:
■
§ 100.35T07–0185 Special Local
Regulations; Beaufort Water Festival,
Beaufort, SC.
(a) Regulated Area. This rule
establishes a special local regulation on
certain waters of the Beaufort River,
Beaufort, South Carolina. The special
local regulation would create a
regulated area that will encompass a
portion of the waterway that is 700 ft
wide by 2600 ft in length on waters of
the Beaufort River encompassed within
the following points:
32°25′47″ N./080°40′44″ W.,
32°25′41″ N./080°40′14″ W.,
32°25′35″ N./080°40′16″ W.,
32°25′40″ N./080°40′46″ W.,
All coordinates are North American
Datum 1983.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Charleston in the
enforcement of the regulated areas.
(c) Regulations.
(1) All persons and vessels, except
those participating in the Beaufort
Water Festival Airshow, or serving as
safety vessels, are prohibited from
entering, transiting through, anchoring,
or remaining within the regulated area.
Persons and vessels desiring to enter,
transit through, anchor in, or remain
within the regulated area may contact
the Captain of the Port Charleston by
telephone at (843)740–7050, or a
designated representative via VHF radio
on channel 16, to request authorization.
If authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted by the Captain
of the Port Charleston or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Charleston or a
designated representative.
(2) The Coast Guard will provide
notice of the regulated area by Marine
Safety Information Bulletins, Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Period. This rule will
be enforced July 23, 2016 from noon
until 5 p.m.
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Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Proposed Rules
Dated: May 6, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2016–11471 Filed 5–13–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 58
[EPA–HQ–OAR–2015–0486, FRL–9946–34–
OAR]
RIN 2060–AS71
Revision to the Near-Road NO2
Minimum Monitoring Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to revise the
minimum monitoring requirements for
near-road nitrogen dioxide (NO2)
monitoring by removing the existing
requirements for near-road NO2
monitoring stations in Core Based
Statistical Areas (CBSAs) having
populations between 500,000 and
1,000,000 persons, that are due by
January 1, 2017. Current near-road NO2
monitoring data indicate air quality
levels in the near-road environment are
well below the National Ambient Air
Quality Standards (NAAQS) for the
oxides of nitrogen. In light of this
information, and due to the relationship
between population, traffic, and
expected NO2 concentrations in the
near-road environment, it is anticipated
that measured near-road NO2
concentrations in relatively smaller
CBSAs (e.g., CBSAs with populations
less than 1,000,000 persons) would
exhibit similar, and more likely, lower
concentrations, than what is being
measured in larger urban areas.
DATES: Comments must be received on
or before June 30, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2015–0486, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
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SUMMARY:
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The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents made outside of the primary
submission (i.e., on the Web, Cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2015–
0486. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be CBI or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means the EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to the EPA without
going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, the EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If the EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, the EPA may not
be able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about the EPA’s public docket, visit the
EPA Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
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materials are available either
electronically at www.regulations.gov or
in hard copy at the Air and Radiation
Docket and Information Center, EPA/
DC, EPA William J. Clinton (WJC) West
Building, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744 and the telephone
number for the Air and Radiation
Docket and Information Center is (202)
566–1742.
FOR FURTHER INFORMATION CONTACT: Mr.
Nealson Watkins, Air Quality
Assessment Division, Office of Air
Quality Planning and Standards, U.S.
Environmental Protection Agency, Mail
code C304–06, Research Triangle Park,
NC 27711; telephone: (919) 541–5522;
fax: (919) 541–1903; email:
watkins.nealson@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Does this action apply to me?
This action applies to state, territorial,
and local air quality management
programs that are responsible for
ambient air quality monitoring under 40
CFR part 58. Categories and entities
potentially regulated by this action
include:
NAICS a code
Category
State/territorial/local/tribal
government .......................
a North
American
Industry
924110
Classification
System.
B. What should I consider as I prepare
my comments for the EPA?
1. Submitting CBI. Do not submit this
information to the EPA through https://
www.regulations.gov or email. Clearly
mark any of the information that you
claim to be CBI. For CBI information in
a disk or CD ROM that you mail to the
EPA, mark the outside of the disk or CD
ROM as CBI and then identify
electronically within the disk or CD
ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 Code of Federal Regulations (CFR)
part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
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]]>Agencies
[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Proposed Rules]
[Pages 30221-30224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11471]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0185]
RIN 1625-AA08
Special Local Regulation; Beaufort Water Festival, Beaufort, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a special local
regulation on the waters of the Beaufort River, Beaufort, South
Carolina, during the
[[Page 30222]]
Beaufort Water Festival on July 23, 2016. This action is necessary to
ensure safety of life on navigable waters of the United States during
the Beaufort Water Festival Air Show. 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.
DATES: Comments and related material must be received by the Coast
Guard on or before June 15, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0185 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
COTP Captain of the Port
II. Background, Purpose, and Legal Basis
On March 3, 2016, the Coast Guard received a marine event
application for the 2016 Beaufort Water Festival Air Show that will
take place from noon to 5 p.m. on July 23, 2016. The purpose of the
proposed rule is to ensure safety of life on the navigable waters of
the United States during the Beaufort Water Festival Air Show. The
legal basis for the proposed rule is the Coast Guard's Authority to
establish special local regulations: 33 U.S.C. 1233.
III. Discussion of Proposed Rule
The COTP proposes to establish a special local regulation on the
waters of the Beaufort River, Beaufort, South Carolina during the
Beaufort Water Festival Air Show. The event is scheduled to take place
on July 23, 2016 from noon to 5 p.m. Approximately 100 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.
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
Executive Order 12866, Regulatory Planning and Review, as supplemented
by Executive Order 13563, Improving Regulation and Regulatory Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of Executive Order 12866 or under section 1 of
Executive Order 13563. The Office of Management and Budget has not
reviewed it under those Orders.
The economic impact of this proposed rule is not significant for
the following reasons: (1) The special local regulations would be
enforced for only five hours (2) although persons and vessels would not
be able to enter, transit through, anchor, 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'' 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).
[[Page 30223]]
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 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. 100.35T07-0185 to read as follows:
Sec. 100.35T07-0185 Special Local Regulations; Beaufort Water
Festival, Beaufort, SC.
(a) Regulated Area. This rule establishes a special local
regulation on certain waters of the Beaufort River, Beaufort, South
Carolina. The special local regulation would create a regulated area
that will encompass a portion of the waterway that is 700 ft wide by
2600 ft in length on waters of the Beaufort River encompassed within
the following points:
32[deg]25'47'' N./080[deg]40'44'' W.,
32[deg]25'41'' N./080[deg]40'14'' W.,
32[deg]25'35'' N./080[deg]40'16'' W.,
32[deg]25'40'' N./080[deg]40'46'' W.,
All coordinates are North American Datum 1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
(c) Regulations.
(1) All persons and vessels, except those participating in the
Beaufort Water Festival Airshow, or serving as safety vessels, are
prohibited from entering, transiting through, anchoring, or remaining
within the regulated area. Persons and vessels desiring to enter,
transit through, anchor in, or remain within the regulated area may
contact the Captain of the Port Charleston by telephone at (843)740-
7050, or a designated representative via VHF radio on channel 16, to
request authorization. If authorization to enter, transit through,
anchor in, or remain within the regulated area is granted by the
Captain of the Port Charleston or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Charleston or a designated
representative.
(2) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
(d) Enforcement Period. This rule will be enforced July 23, 2016
from noon until 5 p.m.
[[Page 30224]]
Dated: May 6, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-11471 Filed 5-13-16; 8:45 am]
BILLING CODE 9110-04-P
