Special Local Regulation; Bucksport/Southeastern Drag Boat Summer Extravaganza, Atlantic Intracoastal Waterway; Bucksport, SC, 40186-40188 [2016-14541]
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40186
Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation on
the Atlantic Intracoastal Waterway in
Bucksport, South Carolina during the
Bucksport/Southeastern Drag Boat
Summer Extravaganza, on July 9, 2016
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 regulation prohibits persons and
vessels from being in the regulated area
unless authorized by the Captain of the
Port Charleston or a designated
representative.
SUMMARY:
This rule is effective from July 9,
2016 through July 10, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0010 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, call
or email Lieutenant John Downing,
Sector Charleston Office of Waterways
Management, Coast Guard; telephone
(843) 740–3184, email John.Z.Downing@
uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
On December 27, 2015, the Bucksport
Marina notified the Coast Guard that it
will sponsor a series of drag boat races
from noon to 7 p.m. on July 9, 2016 and
July 10, 2016. In response, on April 6,
2016, the Coast Guard published a
notice of proposed rulemaking titled
Bucksport/Southeastern Drag Boat
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Summer Extravaganza, Atlantic
Intracoastal Waterway; Bucksport, SC.
There we stated why we issued the
NPRM, and invited comments on our
proposed regulatory action related to
this special local regulation. During the
comment period that ended May 6,
2016, we received no comments.
Under good cause provisions in 5
U.S.C. 553(d)(3), we are making this rule
effective less than 30 days after its
publication in the Federal Register. The
Coast Guard finds that good cause exists
for making this rule effective starting
July 9, 2016 because this special local
regulation is necessary to ensure the
safety of life and property during the
Bucksport Summer Extravaganza and it
would be contrary to public interest not
to make this rule effective by July 9,
2016.
III. Legal Authority and Need for Rule
The legal basis for the rule is the
Coast Guard’s authority to establish
special local regulations: 33 U.S.C.
1233. The purpose of the rule is to
insure safety of life on navigable waters
of the United States during the two days
of drag boat races.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
April 6, 2016. There are no changes in
the regulatory text of this rule from the
proposed rule in the NPRM.
From July 9, 2016 through July 10,
2016, Bucksport Marina will host a
series of drag boat races on the Atlantic
Intracoastal Waterway in Bucksport,
South Carolina during the Bucksport/
Southeastern Drag Boat Summer
Extravaganza. Approximately 75
powerboats are anticipated to
participate in the races and
approximately 35 spectator vessels are
expected to attend the event. This rule
establishes a special local regulation on
certain waters on the Atlantic
Intracoastal Waterway in Bucksport,
South Carolina. The special local
regulation will be enforced daily from
noon until 7 p.m. on July 9, 2016 and
July 10, 2016.
Except for those persons and vessels
participating in the drag boat races,
persons and vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within any of the race
areas unless specifically authorized by
the Captain of the Port Charleston or a
designated representative. Persons and
vessels desiring to enter, transit through,
anchor in, or remain within any of the
race areas may contact the Captain of
the Port Charleston by telephone at
(843) 740–7050, or a designated
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representative via VHF radio on channel
16, to request authorization. If
authorization to enter, transit through,
anchor in, or remain within the race
areas is granted by the Captain of the
Port Charleston or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Charleston or a
designated representative. The Coast
Guard will provide notice of the
regulated areas by Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget. This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The economic impact of this rule is
not significant for the following reasons:
(1) Non-participant persons and vessels
may enter, transit through, anchor in, or
remain within the regulated area during
the enforcement periods if authorized
by the Captain of the Port Charleston or
a designated representative; (2) vessels
not able to enter, transit through, anchor
in, or remain within the regulated area
without authorization from the Captain
of the Port Charleston or a designated
representative may operate in the
surrounding areas during the
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enforcement period; (3) the Coast Guard
will provide advance notification of the
special local regulation to the local
maritime community by Local Notice to
Mariners and Broadcast Notice to
Mariners; and (4) the safety zone will
impact only a small designated area of
the Atlantic Intracoastal Waterway for
the 2 days of July 9, and 10, from noon
to 7 p.m., and thus is limited in time
and scope.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
This rule may affect the following
entities, some of which may be small
entities: The owner or operators of
vessels intending to enter, transit
through, anchor in, or remain within the
regulated area during the enforcement
period. For the reasons discussed in
Regulatory Planning and Review section
above, this rule will not have a
significant economic impact on a
substantial number of small entities.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
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small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
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40187
environment. This rule involves a
special local regulation issued in
conjunction with a regatta or marine
parade. This rule is categorically
excluded from further review under
paragraph 34(h) of Figure 2–1 of the
Commandant Instruction.
An environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100— SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35T07–0010
to read as follows:
■
§ 100.35T07–0010 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.
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Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations
(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 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 daily on July 9 and July 10,
2016, from noon until 7 p.m.
Dated: June 13, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0004]
RIN 1625–AA00
Safety Zone; Misery Challenge,
Manchester Bay, Manchester, MA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
certain waters of Manchester Bay to be
enforced during the Misery Challenge
marine event, which will involve
swimmers, kayakers, and stand-up
paddlers. This safety zone ensures the
protection of the event participants,
support vessels, and the maritime
public from the hazards associated with
the event. This regulation prohibits
persons and vessels from entering into,
transiting through, mooring, or
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To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0004 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
If
you have questions on this rule, call or
email, call or email Mr. Mark Cutter,
Sector Boston Waterways Management
Division, U.S. Coast Guard; telephone
617–223–4000, email Mark.E.Cutter@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
DHS Department of Homeland Security
U.S.C. United States Code
CFR Code of Federal Regulations
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983
§ Section
On October 23, 2015, the Coast Guard
was notified of a swimming and stand
up paddling event from 7:30 a.m. to 12
p.m. on July 23, 2016 with a weather
date on July 24, 2016 named the Misery
Challenge. The participants will launch
from Tucks Point in Manchester Bay,
Manchester, MA and continue around
Greater Misery Island returning to Tucks
Point. In response, on March 2, 2016,
the Coast Guard published an NPRM
titled Safety Zone; Misery Challenge,
Manchester Bay, Manchester, MA (81
FR 10820). There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action related to this event. During the
comment period that ended April 1,
2016, we received no comments.
BILLING CODE 9110–04–P
SUMMARY:
This rule is effective from 7:00
a.m. to 12:30 p.m. on July 23, 2016.
DATES:
II. Background, Purpose, and Legal
Basis
[FR Doc. 2016–14541 Filed 6–20–16; 8:45 am]
ACTION:
anchoring within this safety zone during
periods of enforcement unless
authorized by the Coast Guard Sector
Boston Captain of the Port (COTP) or the
COTP’s designated representative.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
COTP Boston has determined that
potential hazards associated with the
event on July 23, 2016 will be a safety
concern for the participants and support
vessels. The purpose of this rule is to
ensure safety of participants, vessels
and the navigable waters in the safety
zone before, during, and after the
scheduled event.
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IV. Discussion of Proposed Rule
As noted above, we received no
comments on our NPRM published on
March 2, 2016. There are no changes in
the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a safety zone
from 7:00 a.m. to 12:30 p.m. on July 23,
2016 with a weather date on July 24,
2016. The safety zone will cover all
navigable waters within specific
geographic locations specified in the
regulatory text on the navigable waters
of Manchester Bay, Manchester,
Massachusetts. Vessels not associated
with the event shall maintain a distance
of at least 100 yards from the
participants. The duration of the zone is
intended to ensure the safety of event
participants, support vessels, and the
maritime public before, during, and
after the event scheduled from 7:30 a.m.
to 12 p.m. No vessel or person would be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
The regulatory text appears at the end
of this document.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
We expect the economic impact of
this rule to be minimal. This regulation
may have some impact on the public,
but that potential impact will likely be
minimal for several reasons. First, this
safety zone will be in effect for only 5
and 1⁄2 hours in the morning when
vessel traffic is expected to be light.
Second, vessels may enter or pass
through the safety zone during an
enforcement period with the permission
of the COTP or the designated
representative. Finally, the Coast Guard
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]]>Agencies
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Rules and Regulations]
[Pages 40186-40188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14541]
[[Page 40186]]
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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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation on
the Atlantic Intracoastal Waterway in Bucksport, South Carolina during
the Bucksport/Southeastern Drag Boat Summer Extravaganza, on July 9,
2016 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 regulation prohibits persons and vessels from
being in the regulated area unless authorized by the Captain of the
Port Charleston or a designated representative.
DATES: This rule is effective from July 9, 2016 through July 10, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0010 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant John Downing, Sector Charleston Office of
Waterways Management, Coast Guard; telephone (843) 740-3184, email
John.Z.Downing@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On December 27, 2015, the Bucksport Marina notified the Coast Guard
that it will sponsor a series of drag boat races from noon to 7 p.m. on
July 9, 2016 and July 10, 2016. In response, on April 6, 2016, the
Coast Guard published a notice of proposed rulemaking titled Bucksport/
Southeastern Drag Boat Summer Extravaganza, Atlantic Intracoastal
Waterway; Bucksport, SC. There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this
special local regulation. During the comment period that ended May 6,
2016, we received no comments.
Under good cause provisions in 5 U.S.C. 553(d)(3), we are making
this rule effective less than 30 days after its publication in the
Federal Register. The Coast Guard finds that good cause exists for
making this rule effective starting July 9, 2016 because this special
local regulation is necessary to ensure the safety of life and property
during the Bucksport Summer Extravaganza and it would be contrary to
public interest not to make this rule effective by July 9, 2016.
III. Legal Authority and Need for Rule
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to insure safety of life on navigable waters of the United
States during the two days of drag boat races.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published April
6, 2016. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
From July 9, 2016 through July 10, 2016, Bucksport Marina will host
a series of drag boat races on the Atlantic Intracoastal Waterway in
Bucksport, South Carolina during the Bucksport/Southeastern Drag Boat
Summer Extravaganza. Approximately 75 powerboats are anticipated to
participate in the races and approximately 35 spectator vessels are
expected to attend the event. This rule establishes a special local
regulation on certain waters on the Atlantic Intracoastal Waterway in
Bucksport, South Carolina. The special local regulation will be
enforced daily from noon until 7 p.m. on July 9, 2016 and July 10,
2016.
Except for those persons and vessels participating in the drag boat
races, persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within any of the race areas unless
specifically authorized by the Captain of the Port Charleston or a
designated representative. Persons and vessels desiring to enter,
transit through, anchor in, or remain within any of the race areas may
contact the Captain of the Port Charleston by telephone at (843) 740-
7050, or a designated representative via VHF radio on channel 16, to
request authorization. If authorization to enter, transit through,
anchor in, or remain within the race areas is granted by the Captain of
the Port Charleston or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the Captain of the Port Charleston or a designated representative.
The Coast Guard will provide notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget. This rule is not a significant regulatory action under section
3(f) of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The economic impact of this rule is not significant for the
following reasons: (1) Non-participant persons and vessels may enter,
transit through, anchor in, or remain within the regulated area during
the enforcement periods if authorized by the Captain of the Port
Charleston or a designated representative; (2) vessels not able to
enter, transit through, anchor in, or remain within the regulated area
without authorization from the Captain of the Port Charleston or a
designated representative may operate in the surrounding areas during
the
[[Page 40187]]
enforcement period; (3) the Coast Guard will provide advance
notification of the special local regulation to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners;
and (4) the safety zone will impact only a small designated area of the
Atlantic Intracoastal Waterway for the 2 days of July 9, and 10, from
noon to 7 p.m., and thus is limited in time and scope.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
This rule may affect the following entities, some of which may be
small entities: The owner or operators of vessels intending to enter,
transit through, anchor in, or remain within the regulated area during
the enforcement period. For the reasons discussed in Regulatory
Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a special local regulation issued in conjunction with a
regatta or marine parade. This rule is categorically excluded from
further review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction.
An environmental analysis checklist supporting this determination
and a Categorical Exclusion Determination are available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100-- SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.35T07-0010 to read as follows:
Sec. 100.35T07-0010 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.
[[Page 40188]]
(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 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 daily on July 9
and July 10, 2016, from noon until 7 p.m.
Dated: June 13, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-14541 Filed 6-20-16; 8:45 am]
BILLING CODE 9110-04-P
