Special Local Regulation; Beaufort Water Festival, Beaufort, SC, 41215-41217 [2016-14985]
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Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2016–0580]
Special Local Regulations; North
Charleston Fireworks Display
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the North Charleston Fireworks Special
Local Regulation from 8:45 p.m. through
10:15 p.m. on July 4, 2016. This action
is necessary to ensure safety of life on
navigable waters of the United States
during the Fourth of July Fireworks
Displays. During the enforcement
period, and in accordance with
previously issued special local
regulations, vessels may not enter,
transit through, anchor in, or remain
within the designated area unless
authorized by the Captain of the Port
Charleston or a designated
representative.
DATES: The regulation for the City of
North Charleston Fireworks under
COTP Zone Charleston in 33 CFR
100.701, Table 1, will be enforced from
8:45 p.m. through 10:15 p.m. on July 4,
2016.
FOR FURTHER INFORMATION CONTACT: If
you have questions on 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: The Coast
Guard will enforce the special local
regulation for the North Charleston
Fireworks Display in 33 CFR 100.701
Table 1 from 8:45 p.m. through 10:15
p.m. on July 4, 2016.
On July 4, 2016, South Carolina; The
City of North Charleston is sponsoring
the North Charleston Fireworks on the
Charleston Harbor, South Carolina.
Under the provisions of 33 CFR
100.701, all persons and vessels are
prohibited from entering the regulated
areas unless permission to enter has
been granted by the Captain of the Port
Charleston or designated
representatives. This action is to
provide enforcement action of regulated
area that will encompass portions of the
navigable waterways. Spectator vessels
may safely transit outside the regulated
areas, but may not anchor, block, loiter
in, or impede the transit of official
patrol vessels. The Coast Guard may be
sradovich on DSK3GDR082PROD with RULES
SUMMARY:
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assisted by other Federal, State, or local
law enforcement agencies in enforcing
these regulations.
This notice of enforcement is issued
under authority of 33 CFR 100.701 and
5 U.S.C. 552(a).
The Coast Guard will provide notice
of the regulated area by Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives. If the COTP Charleston
determines that the regulated area need
not be enforced for the full duration
stated in this publication, he or she may
use a Broadcast Notice to Mariners to
grant general permission to enter the
regulated area.
41215
Sector Charleston Office of Waterways
Management, Coast Guard; telephone
(843) 740–3184, email John.Z.Downing@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
COTP Captain of the Port
II. Background Information and
Regulatory History
33 CFR Part 100
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. In response, on
May 16, 2016, the Coast Guard
published a notice of proposed
rulemaking titled Special Local
Regulation; Beaufort Water Festival,
Beaufort, 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 June 15, 2016, we received
no comments.
[Docket Number USCG–2016–0185]
III. Legal Authority and Need for Rule
RIN 1625–AA08
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 Beaufort
Water Festival Air Show.
Dated: June 20, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2016–14986 Filed 6–23–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Special Local Regulation; Beaufort
Water Festival, Beaufort, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation on
the waters of the Beaufort River,
Beaufort, South Carolina, during the
Beaufort Water Festival on July 23,
2016. This special local regulation is
necessary to ensure safety of life on
navigable waters of the United States
during the Beaufort Water Festival Air
Show. 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 on July 23,
2016 from noon through 5:00 p.m.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0185 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,
DATES:
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IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published May
16, 2016. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM. 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
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Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations
local regulation by Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
sradovich on DSK3GDR082PROD with RULES
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget. This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
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) The special local regulations will be
enforced for only five hours; (2)
although persons and vessels will 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 will be able to
operate in the surrounding area during
the enforcement periods; (3) persons
and vessels will 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 will 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,
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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
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
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.
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Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
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.
Dated: June 20, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
PART 100— SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
[FR Doc. 2016–14985 Filed 6–23–16; 8:45 am]
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 1233
2. Add § 100.35T07–0185 to read as
follows:
■
DEPARTMENT OF HOMELAND
SECURITY
sradovich on DSK3GDR082PROD with RULES
§ 100.35T07–0185 Special Local
Regulations; Beaufort Water Festival,
Beaufort, SC.
Coast Guard
(a) Regulated area. This rule
establishes a special local regulation on
certain waters of the Beaufort River,
Beaufort, South Carolina. The special
local regulation will 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 (all coordinates are North
American Datum 1983): 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.
(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, 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
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33 CFR Part 100
[Docket No. USCG–2016–0581]
Special Local Regulations; Patriots
Point Fireworks Display
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the Patriots Point Fireworks Special
Local Regulation from approximately
8:45 p.m. through 9:45 p.m. on July 4,
2016. This action is necessary to ensure
safety of life on navigable waters of the
United States during the Fourth of July
fireworks displays. During the
enforcement period, and in accordance
with previously issued special local
regulations, vessels may not enter,
transit through, anchor in, or remain
within the designated area unless
authorized by the Captain of the Port
Charleston or a designated
representative.
SUMMARY:
The regulation for the Patriot
Point Fireworks under COTP Zone
Charleston in 33 CFR 100.701, Table 1,
will be enforced from 8:45 p.m. through
9:45 p.m. on July 4, 2016.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant John Downing, Sector
Charleston Office of Waterways
Management, Coast Guard; telephone
DATES:
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
41217
843–740–3184, email John.Z.Downing@
uscg.mil.
The Coast
Guard will enforce the special local
regulation for the Patriots Point
Fireworks Display in 33 CFR 100.701
Table 1 from 8:45 p.m. through 9:45
p.m. on July 4, 2016.
On July 4, 2016, South Carolina;
Patriots Point Naval Maritime Museum
is sponsoring the Patriots Point
Fireworks on the navigable waters of
Charleston, South Carolina.
Under the provisions of 33 CFR
100.701, all persons and vessels are
prohibited from entering the regulated
areas unless permission to enter has
been granted by the Captain of the Port
Charleston or designated
representatives. This action is to
provide enforcement action of regulated
area that will encompass portions of the
navigable waterways. Spectator vessels
may safely transit outside the regulated
areas, but may not anchor, block, loiter
in, or impede the transit of official
patrol vessels. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
these regulations.
This notice of enforcement is issued
under authority of 33 CFR 100.701 and
5 U.S.C. 552(a). The Coast Guard will
provide notice of the regulated area by
Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene
designated representatives. If the COTP
Charleston determines that the regulated
area need not be enforced for the full
duration stated in this publication, he or
she may use a Broadcast Notice to
Mariners to grant general permission to
enter the regulated area.
SUPPLEMENTARY INFORMATION:
Dated: June 20, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2016–14987 Filed 6–23–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2016–0387]
Eighth Coast Guard District Annual
Safety Zones; Upper Ohio Valley Italian
Festival; Ohio River Mile 90.0 to 90.5;
Wheeling, WV
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
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]]>Agencies
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Rules and Regulations]
[Pages 41215-41217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14985]
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Beaufort River, Beaufort, South Carolina, during the
Beaufort Water Festival on July 23, 2016. This special local regulation
is necessary to ensure safety of life on navigable waters of the United
States during the Beaufort Water Festival Air Show. 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 on July 23, 2016 from noon through 5:00
p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0185 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
COTP Captain of the Port
II. Background Information and Regulatory History
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. In response, on May
16, 2016, the Coast Guard published a notice of proposed rulemaking
titled Special Local Regulation; Beaufort Water Festival, Beaufort, 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 June 15, 2016, we received no
comments.
III. Legal Authority and Need for Rule
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to insure safety of life on navigable waters of the United
States during Beaufort Water Festival Air Show.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published May
16, 2016. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM. 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
[[Page 41216]]
local regulation 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) The special local regulations will be enforced
for only five hours; (2) although persons and vessels will 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 will be able to operate in the
surrounding area during the enforcement periods; (3) persons and
vessels will 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
will 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 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.
[[Page 41217]]
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 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 will 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 (all coordinates are North American Datum 1983):
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.
(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, 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.
Dated: June 20, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-14985 Filed 6-23-16; 8:45 am]
BILLING CODE 9110-04-P
