Safety Zone; Beaufort Water Festival Air Show, Beaufort, SC, 28787-28789 [2018-13210]
Download as PDF
Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacynotice.
Documents mentioned in this NPRM
as being available in this docket and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.491, revise paragraph (c) to
read as follows:
■
§ 117.491
Red River.
*
*
*
*
*
(c) The draws of the bridges above
mile 105.8 through mile 234.4 need not
open for passage of vessels. The owner
or agency controlling the bridge must
restore the draw to full operation within
three months if notified by the District
Commander that the needs of navigation
require resumed operation of the spans.
*
*
*
*
*
Dated: June 12, 2018.
P.F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2018–13321 Filed 6–20–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
amozie on DSK3GDR082PROD with PROPOSALS1
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0463]
RIN 1625–AA00
Safety Zone; Beaufort Water Festival
Air Show, Beaufort, SC
AGENCY:
Coast Guard, DHS.
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ACTION:
Notice of proposed rulemaking.
The Coast Guard proposes to
establish a temporary safety zone on the
waters of the Beaufort River in Beaufort,
SC. The safety zone is needed to ensure
safety of life on navigable waters of the
United States during the Beaufort Water
Festival Air Show. This proposed
regulation will prohibit persons and
vessels from entering, transiting
through, anchoring in, or remaining
within the regulated area unless
authorized by the Captain of the Port
Charleston (COTP) or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 23, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0463 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Lieutenant
Justin Heck, Sector Charleston Office of
Waterways Management, Coast Guard;
telephone (843) 740–3184, email
Justin.C.Heck@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
COTP Captain of the Port
II. Background, Purpose, and Legal
Basis
On April 27, 2018, the Coast Guard
received a marine event application for
the 2018 Beaufort Water Festival Air
Show that will take place from 12 p.m.
until 5 p.m. on July 21, 2018. The safety
zone is necessary to ensure the safety of
life on the navigable waters of the
United States during the Beaufort Water
Festival Air Show. The COTP has
determined that potential hazards
associated with the airshow would be a
safety concern for anyone within the
regulated area.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within the regulated
area before, during, and after the
PO 00000
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28787
scheduled event. The Coast Guard
proposes this rulemaking under
authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a
safety zone from 12 p.m. until 5 p.m. on
July 21, 2018. The safety zone would
encompass a portion of the waterway
that is 700 feet wide by 2600 feet in
length on the waters of the Beaufort
River in Beaufort, SC. No vessel or
person would be permitted to enter,
transit through, anchor in, or remain
within the safety zone without obtaining
permission from the COTP or a
designated representative. The Coast
Guard would provide notice of the
safety zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and onscene designated representatives. The
regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss 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 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone. The
safety zone will only be enforced for 5
hours, vessel traffic will be able to safely
operate in the surrounding area during
the enforcement period, and the rule
will allow vessels to seek permission to
enter the zone. Moreover, the Coast
Guard will provide advance notification
of the safety zone to the local maritime
community by Local Notice to Mariners
and Broadcast Notice to Mariners via
VHF–FM marine channel 16.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
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28788
Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
We have considered the impact of this
proposed rule on small entities. This
rule may affect the following entities,
some of which may be small entities:
the owner or operators of vessels
intending to enter, transit through,
anchor in, or remain within the
regulated area during the enforcement
period. For the reasons stated in section
IV.A. above, this proposed rule would
not have a significant economic impact
on a substantial number of small
entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
amozie on DSK3GDR082PROD with PROPOSALS1
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under 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 proposed rule under that
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16:10 Jun 20, 2018
Jkt 244001
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves a safety zone lasting 5 hours
that would prohibit entry on certain
waters of the Beaufort River in Beaufort,
SC. Normally such actions are
categorically excluded from further
review under paragraph L 60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
preliminary Record of Environmental
Consideration supporting this
determination is 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 proposed rule.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
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Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules
Department of Homeland Security Delegation
No. 0170.1.
Copyright Office
2. Add § 165.T07–0463 to read as
follows:
■
37 CFR Part 201
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§ 165.T07 —0463 Safety Zone; Beaufort
Water Festival Air Show, Beaufort, SC
[Docket No. 2018–4]
(a) Location. This rule establishes a
safety zone on certain waters of the
Beaufort River, Beaufort, SC. The rule
creates a regulated area that will
encompass a portion of the waterway
that is 700 feet wide by 2600 feet in
length on waters of the Beaufort River
encompassed within the following
points: 32°25′47″ N/080°40′44″ W,
32°25′41″ N/080°40′14″ W, 32°25′35″ N/
080°40′16″ W, 32°25′40″ N/080°40′46″
W. All coordinates are North American
Datum 1983.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
COTP 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
unless authorized by the COTP or a
designated representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the COTP 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 COTP or
a designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the COTP or a designated
representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Period. This rule will
be enforced on July 21, 2018 from 12
p.m. until 5 p.m.
Dated: June 13, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
LIBRARY OF CONGRESS
Copyright Office Fees: Extension of
Comment Period
U.S. Copyright Office, Library
of Congress.
ACTION: Notice of proposed rulemaking;
extension of comment period.
AGENCY:
The Copyright Office is
extending the deadline for the
submission of written comments in
response to its May 24, 2018 notice of
proposed rulemaking proposing the
adoption of a new fee schedule.
DATES: The comment period for the
notice of proposed rulemaking,
published on May 24, 2018 (83 FR
24054), is extended by an additional
sixty days. Comments must be made in
writing and must be received in the U.S.
Copyright Office no later than 11:59
p.m. Eastern Time on September 21,
2018.
ADDRESSES: For reasons of government
efficiency, the Copyright Office is using
the regulations.gov system for the
submission and posting of public
comments in this proceeding. All
comments are therefore to be submitted
electronically through regulations.gov.
Specific instructions for submitting
comments are available on the
Copyright Office website at https://
www.copyright.gov/rulemaking/
feestudy2018/. If electronic submission
of comments is not feasible due to lack
of access to a computer and/or the
internet, please contact the Office for
special instructions using the contact
information below.
FOR FURTHER INFORMATION CONTACT:
Regan A. Smith, General Counsel and
Associate Register of Copyrights, by
email at regans@copyright.gov, or Jalyce
Mangum, Attorney-Advisor, by email at
jmang@copyright.gov, or either by
telephone at 202–707–8350.
SUPPLEMENTARY INFORMATION: On May
24, 2018, the U.S. Copyright Office
issued a proposed rulemaking
recommending the adoption of a new
fee schedule for services in the
following areas: Registration,
recordation, record retrieval, search, and
certification, the Licensing Division,
and other ancillary services. The
proposed fee schedule would assist the
Office in recovering a significant part,
though not the whole, of its costs.1 The
SUMMARY:
[FR Doc. 2018–13210 Filed 6–20–18; 8:45 am]
1 83
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28789
Office invited public comment on the
notice of proposed rulemaking. To
ensure that members of the public have
sufficient time to respond, and to ensure
that the Office has the benefit of a
complete record, the Office is extending
the submission deadline by an
additional sixty days. Written comments
now are due no later than September 21,
2018.
Dated: June 15, 2018.
Regan A. Smith,
General Counsel and Associate Register of
Copyrights.
[FR Doc. 2018–13323 Filed 6–20–18; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0501; FRL–9979–
79—Region 4]
Air Plan Approval; North Carolina: New
Source Review for Fine Particulate
Matter (PM2.5)
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
changes to the North Carolina State
Implementation Plan (SIP), submitted
by the North Carolina Department of
Environmental Quality (NC DEQ)
through the Division of Air Quality
(DAQ), to EPA on October 17, 2017.
This SIP submittal modifies North
Carolina’s Prevention of Significant
Deterioration (PSD) regulations and
includes the adoption of specific federal
provisions needed to meet the New
Source Review (NSR) permitting
program requirements for the fine
particulate matter (PM2.5) national
ambient air quality standards (NAAQS).
In addition, North Carolina’s October
17, 2017, SIP submittal addresses
portions of the PSD requirements for the
infrastructure SIPs for the following
NAAQS: 1997 Annual and 24-hour
PM2.5, 2006 24-hour PM2.5, 2008 lead,
2008 8-hour ozone, 2010 sulfur dioxide
(SO2), 2010 nitrogen dioxide (NO2) and
2012 Annual PM2.5. As a result of this
proposed approval of North Carolina’s
modified PSD regulations, EPA is also
proposing to approve North Carolina’s
submittal with respect to the related
PSD infrastructure SIP requirements for
these NAAQS. As discussed in this
notice, EPA previously disapproved
portions of earlier submittals from North
Carolina that were intended to meet
SUMMARY:
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Agencies
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Proposed Rules]
[Pages 28787-28789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13210]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0463]
RIN 1625-AA00
Safety Zone; Beaufort Water Festival Air Show, Beaufort, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the waters of the Beaufort River in Beaufort, SC. The safety zone is
needed to ensure safety of life on navigable waters of the United
States during the Beaufort Water Festival Air Show. This proposed
regulation will prohibit persons and vessels from entering, transiting
through, anchoring in, or remaining within the regulated area unless
authorized by the Captain of the Port Charleston (COTP) or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 23, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0463 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Justin Heck, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
II. Background, Purpose, and Legal Basis
On April 27, 2018, the Coast Guard received a marine event
application for the 2018 Beaufort Water Festival Air Show that will
take place from 12 p.m. until 5 p.m. on July 21, 2018. The safety zone
is necessary to ensure the safety of life on the navigable waters of
the United States during the Beaufort Water Festival Air Show. The COTP
has determined that potential hazards associated with the airshow would
be a safety concern for anyone within the regulated area.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the regulated area before, during, and
after the scheduled event. The Coast Guard proposes this rulemaking
under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a safety zone from 12 p.m. until 5
p.m. on July 21, 2018. The safety zone would encompass a portion of the
waterway that is 700 feet wide by 2600 feet in length on the waters of
the Beaufort River in Beaufort, SC. No vessel or person would be
permitted to enter, transit through, anchor in, or remain within the
safety zone without obtaining permission from the COTP or a designated
representative. The Coast Guard would provide notice of the safety zone
by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives. The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss 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 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The safety zone
will only be enforced for 5 hours, vessel traffic will be able to
safely operate in the surrounding area during the enforcement period,
and the rule will allow vessels to seek permission to enter the zone.
Moreover, the Coast Guard will provide advance notification of the
safety zone to the local maritime community by Local Notice to Mariners
and Broadcast Notice to Mariners via VHF-FM marine channel 16.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended,
[[Page 28788]]
requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
We have considered the impact of this proposed rule on small
entities. This rule may affect the following entities, some of which
may be small entities: the owner or operators of vessels intending to
enter, transit through, anchor in, or remain within the regulated area
during the enforcement period. For the reasons stated in section IV.A.
above, this proposed rule would not have a significant economic impact
on a substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting 5 hours that would prohibit entry on certain waters of the
Beaufort River in Beaufort, SC. Normally such actions are categorically
excluded from further review under paragraph L 60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary
Record of Environmental Consideration supporting this determination is
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 proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5;
[[Page 28789]]
Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T07-0463 to read as follows:
Sec. 165.T07 --0463 Safety Zone; Beaufort Water Festival Air Show,
Beaufort, SC
(a) Location. This rule establishes a safety zone on certain waters
of the Beaufort River, Beaufort, SC. The rule creates a regulated area
that will encompass a portion of the waterway that is 700 feet wide by
2600 feet in length on waters of the Beaufort River encompassed within
the following points: 32[deg]25'47'' N/080[deg]40'44'' W,
32[deg]25'41'' N/080[deg]40'14'' W, 32[deg]25'35'' N/080[deg]40'16'' W,
32[deg]25'40'' N/080[deg]40'46'' W. All coordinates are North American
Datum 1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the COTP
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 unless authorized by the COTP or a designated
representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the COTP 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 COTP or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the COTP or a designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement Period. This rule will be enforced on July 21, 2018
from 12 p.m. until 5 p.m.
Dated: June 13, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2018-13210 Filed 6-20-18; 8:45 am]
BILLING CODE 9110-04-P