Special Local Regulation; Drag Boat Championship, Intracoastal Waterway; Bucksport, SC, 45013-45015 [2016-16334]
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Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Open Docket Folder’’ in the
first item listed. Use the following link
to go directly to the docket: https://
www.regulations.gov/
#!docketDetail;D=USCG-2000-7080.
Background
On May 9, 2016, the Coast Guard
published an interim rule (81 FR 27992)
that implemented cargo securing
manual requirements. Part 97, subpart
A, and § 160.215 of 33 CFR and 46 CFR
97.12–10 in that rule contain collectionof-information provisions that require
approval by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501–
3520. On June 23, 2016, the OMB
approved the Coast Guard’s collection of
information request for this interim rule
and assigned OMB Control Number
1625–0122 to the new collection
entitled, Cargo Securing Manuals. The
approval for this collection of
information expires on June 30, 2019.
This document is issued under the
authority of 5 U.S.C. 552(a).
Dated: July 6, 2016.
F.J. Sturm,
Acting Director, Commercial Regulations and
Standards.
[FR Doc. 2016–16416 Filed 7–11–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2016–0011]
RIN 1625- AA08
Special Local Regulation; Drag Boat
Championship, Intracoastal Waterway;
Bucksport, SC
Coast Guard, DHS
ACTION: Temporary final rule.
AGENCY:
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 Championship, on August 13,
2016 and August 14, 2016. This special
local regulation is necessary to ensure
the safety of participants, spectators,
and the general public during the event.
This regulation prohibits persons and
vessels from being in the regulated area
unless authorized by the Captain of the
Port Charleston or a designated
representative.
mstockstill on DSK3G9T082PROD with RULES
SUMMARY:
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This rule is effective from
August 13, 2016 through August 14,
2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0011 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
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 August 13, 2016
and August 14, 2016. In response, on
April 6, 2016, the Coast Guard
published a notice of proposed
rulemaking titled Bucksport/
Southeastern Drag Boat Summer
Championship, 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.
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.
On August 13, 2016 and August 14,
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
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45013
Championship. 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 August 13, 2016
and August 14, 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
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Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations
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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
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 August 13, and 14, 2016
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
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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
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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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T07–0011 to read as
follows:
■
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12JYR1
Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
(a) Regulated Area. All waters of the
Atlantic Intracoastal Waterway
encompassed by a line connecting the
following points: Point 1 in position
33°39′13″ N., 079°05′36″ W.; thence
west to point 2 in position 33°39′17″ N.,
079°05′46″ W.; thence south to point 3
in position 33°38′53″ N., 079°05′39″ W.;
thence east to point 4 in position
33°38′54″ N., 079°05′31″ W.; thence
north back to point 1. All coordinates
are North American Datum 1983.
(b) Definition. As used in this section,
‘‘designated representative’’ means
Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty
officers, and other officers operating
Coast Guard vessels, and Federal, state,
and local officers designated by or
assisting the Captain of the Port
Charleston in the enforcement of the
regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area,
except persons and vessels participating
in Bucksport/Southeastern Drag Boat
Summer championship 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 period. This rule will
be enforced daily from noon until 7 p.m.
on August 13, and August 14, 2016.
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§ 100.35T07–0011 Bucksport/Southeastern
Drag Boat Summer Championship Atlantic
Intracoastal Waterway; Bucksport, SC.
Coast Guard
Dated: June 27, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2016–16334 Filed 7–11–16; 8:45 am]
BILLING CODE 9110–04–P
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33 CFR Part 100
[Docket Number USCG–2016–0559]
RIN 1625–AA08
Special Local Regulations; Marine
Events Held in the Sector Long Island
Sound Captain of the Port Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing three special local
regulations for three separate marine
events within the Coast Guard Sector
Long Island Sound (LIS) Captain of the
Port (COTP) Zone. This temporary final
rule is necessary to provide for the
safety of life on navigable waters during
these events. Entry into, transit through,
mooring, or anchoring within these
regulated areas is prohibited unless
authorized by COTP Sector Long Island
Sound.
DATES: This rule is effective without
actual notice from 12:01 a.m. on July 12,
2016 until 11:00 a.m. on August 6, 2016.
For the purposes of enforcement, actual
notice will be used from the date the
rule was signed, June 23, 2016, until
July 12, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0559 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 on this rule, contact
Petty Officer Jay TerVeen, Prevention
Department, Coast Guard Sector Long
Island Sound, telephone (203) 468–
4446, email Jay.C.TerVeen@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983
II. Background Information and
Regulatory History
This rulemaking establishes three
special local regulations for two swim
events and one fireworks display. Each
event and its corresponding regulatory
history are discussed below.
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45015
The Jones Beach State Park Fireworks
is a recurring marine event with
regulatory history. This recurring event
is codified in Table 1 to 33 CFR 165.151
(7.19). The Coast Guard is using a
Special Local Regulation for this event
due to a determination that a safety zone
will be insufficient to mitigate the
event’s extra and unusual hazards this
year.
The Mystic Sharkfest Swim is a
recurring marine event with regulatory
history. A special local regulation was
established in 2015 for the Mystic
Sharkfest Swim event when the Coast
Guard issued a temporary rule entitled,
‘‘Special Local Regulation; Mystic
Sharkfest Swim; Mystic River; Mystic,
CT.’’
Island Beach Two Mile Swim is a
recurring marine event with regulatory
history. A special local regulation was
established for this event on July 29,
2015 via a temporary final rule entitled,
‘‘Special Local Regulations; Marine
Events held in the Sector Long Island
Sound Captain of the Port Zone.’’ This
rule was published on August 13, 2015
in the Federal Register (80 FR 48436).
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing an
NPRM with respect to this rule because
doing so would be impracticable. There
is insufficient time to publish an NPRM,
take public comments, and issue a final
rule before these events take place.
Thus, waiting for a comment period to
run would inhibit the Coast Guard’s
mission to keep the ports and
waterways safe.
Under 5 U.S.C. 553(d)(3), and for the
same reasons stated in the preceding
paragraph, the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
III. Legal Authority and Need for Rule
The legal basis for this temporary rule
is 33 U.S.C. 1233.
The COTP Sector LIS has determined
that the special local regulations
established by this temporary final rule
are necessary to provide for the safety of
life on navigable waterways during
these events.
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]]>Agencies
[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Rules and Regulations]
[Pages 45013-45015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16334]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0011]
RIN 1625- AA08
Special Local Regulation; Drag Boat Championship, 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 Championship, on August 13,
2016 and August 14, 2016. This special local regulation is necessary to
ensure the safety of participants, spectators, and the general public
during the event. This 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 August 13, 2016 through August 14,
2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0011 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
August 13, 2016 and August 14, 2016. In response, on April 6, 2016, the
Coast Guard published a notice of proposed rulemaking titled Bucksport/
Southeastern Drag Boat Summer Championship, 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.
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.
On August 13, 2016 and August 14, 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 Championship. 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 August 13, 2016 and August 14,
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
[[Page 45014]]
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 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 August 13, and 14,
2016 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 Sec. 100.35T07-0011 to read as follows:
[[Page 45015]]
Sec. 100.35T07-0011 Bucksport/Southeastern Drag Boat Summer
Championship Atlantic Intracoastal Waterway; Bucksport, SC.
(a) Regulated Area. All waters of the Atlantic Intracoastal
Waterway encompassed by a line connecting the following points: Point 1
in position 33[deg]39'13'' N., 079[deg]05'36'' W.; thence west to point
2 in position 33[deg]39'17'' N., 079[deg]05'46'' W.; thence south to
point 3 in position 33[deg]38'53'' N., 079[deg]05'39'' W.; thence east
to point 4 in position 33[deg]38'54'' N., 079[deg]05'31'' W.; thence
north back to point 1. All coordinates are North American Datum 1983.
(b) Definition. As used in this section, ``designated
representative'' means Coast Guard Patrol Commanders, including Coast
Guard coxswains, petty officers, and other officers operating Coast
Guard vessels, and Federal, state, and local officers designated by or
assisting the Captain of the Port Charleston in the enforcement of the
regulated areas.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area, except persons and vessels participating in Bucksport/
Southeastern Drag Boat Summer championship 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 period. This rule will be enforced daily from noon
until 7 p.m. on August 13, and August 14, 2016.
Dated: June 27, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-16334 Filed 7-11-16; 8:45 am]
BILLING CODE 9110-04-P
