80_FR_8857 80 FR 8824 - Special Local Regulation; Charleston Race Week, Charleston Harbor, Charleston, SC

80 FR 8824 - Special Local Regulation; Charleston Race Week, Charleston Harbor, Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 33 (February 19, 2015)

Page Range8824-8826
FR Document2015-03075

The Coast Guard proposes to issue a special local regulation on the waters of Charleston Harbor in Charleston, SC during the Charleston Race Week on April 17, 2015 through April 19, 2015. This special local regulation is necessary to ensure the safety of participants, spectators, and the general public during the event. The special local regulation would temporarily restrict vessel traffic in a portion of Charleston Harbor, preventing non-participant vessels from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Charleston or a designated representative.

Federal Register, Volume 80 Issue 33 (Thursday, February 19, 2015)
[Federal Register Volume 80, Number 33 (Thursday, February 19, 2015)]
[Proposed Rules]
[Pages 8824-8826]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03075]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0018]
RIN 1625-AA08


Special Local Regulation; Charleston Race Week, Charleston 
Harbor, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to issue a special local regulation 
on the waters of Charleston Harbor in Charleston, SC during the 
Charleston Race Week on April 17, 2015 through April 19, 2015. This 
special local regulation is necessary to ensure the safety of 
participants, spectators, and the general public during the event. The 
special local regulation would temporarily restrict vessel traffic in a 
portion of Charleston Harbor, preventing non-participant vessels from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port Charleston 
or a designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 23, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Chief Warrant Officer Christopher Ruleman, Sector 
Charleston Office of Waterways Management, Coast Guard; telephone (843) 
740-3184, email [email protected]. If you have questions 
on viewing or submitting material to the docket, call Barbara Hairston, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2015-0018 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2015-0018 in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

[[Page 8825]]

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before March 15, 2015, using one of the methods 
specified under ADDRESSES. Please explain why you believe a public 
meeting would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

B. Basis and Purpose

    The legal basis for the proposed rule is the Coast Guard's 
Authority to establish special local regulations: 33 U.S.C 1233. The 
purpose of the proposed rule is to ensure safety of life on the 
navigable water of the United States during the Charleston Race Week.

C. Discussion of Proposed Rule

    The Coast Guard is proposing to establish special local regulations 
on the waters of Charleston Harbor in Charleston, South Carolina during 
Charleston Race Week, a series of sailboat races. The races are 
scheduled to take place on Friday, April 17, 2015 through Sunday, April 
19, 2015. Approximately 300 sailboats are anticipated to participate in 
the races, and approximately 15 spectator vessels are expected to 
attend the event. Persons and vessels desiring to enter, transit 
through, anchor in, or remain within the regulated area may contact the 
Captain of the Port Charleston by telephone at (843) 740-7050, or a 
designated representative via VHF radio on channel 16, to request 
authorization. If authorization to enter, transit through, anchor in, 
or remain within the regulated area is granted by the Captain of the 
Port Charleston or a designated representative, all persons and vessels 
receiving such authorization must comply with the instructions of the 
Captain of the Port Charleston or a designated representative. The 
Coast Guard will provide notice of the special local regulation by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this proposed rule is not significant for 
the following reasons: (1) 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; and (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.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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.
    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.

3. Assistance for 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 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, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    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 
determined that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice

[[Page 8826]]

Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. 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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
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. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine Safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233

0
2. Add a temporary Sec.  100.35T07-0018 to read as follows:


Sec.  100.35T07-0018  Special Local Regulation; Charleston Race Week, 
Charleston Harbor, Charleston, SC.

    (a) Regulated Area. The rule establishes special local regulations 
on certain waters of Charleston Harbor in Charleston, South Carolina. 
The special local regulations will be enforced daily from 8:30 a.m. 
until 5:00 p.m. on April 17, 2015 through April 19, 2015. The special 
local regulations consist of the following three race areas.
    (1) Race Area #1. All waters encompassed within an 800 yard radius 
of position 32[deg]46'39'' N, 79[deg]55'10'' W.
    (2) Race Area #2. All waters encompassed within a 900 yard radius 
of position 32[deg]45'48'' N, 79[deg]54'46'' W.
    (3) Race Area #3. All waters encompassed within a 900 yard radius 
of position 32[deg]45'44'' N, 79[deg]53'32'' W.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Charleston in the enforcement of the regulated 
areas.
    (c) Regulations. (1) All persons and vessels, except those 
participating in Charleston Race Week or serving as safety vessels are 
prohibited from entering, transiting through, anchoring in, 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) Effective Date. This rule is effective and will be enforced 
from 8:30 a.m. April 17, 2015 through 5:00 p.m. April 19, 2015.

    Dated: January 28, 2015.
B.D. Falk,
Commander, U.S. Coast Guard. Acting Captain of the Port Charleston.
[FR Doc. 2015-03075 Filed 2-18-15; 8:45 am]
BILLING CODE 9110-04-P



                                                      8824                  Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Proposed Rules

                                                      airplane to which the AMOC applies, notify              portion of Charleston Harbor,                         for each suggestion or recommendation.
                                                      your appropriate principal inspector (PI) in            preventing non-participant vessels from               You may submit your comments and
                                                      the FAA Flight Standards District Office                entering, transiting through, anchoring               material online at http://
                                                      (FSDO), or lacking a PI, your local FSDO.               in, or remaining within the regulated                 www.regulations.gov, or by fax, mail, or
                                                         (2) Airworthy Product: For any requirement
                                                      in this AD to obtain corrective actions from
                                                                                                              area unless authorized by the Captain of              hand delivery, but please use only one
                                                      a manufacturer or other source, use these               the Port Charleston or a designated                   of these means. If you submit a
                                                      actions if they are FAA-approved. Corrective            representative.                                       comment online, it will be considered
                                                      actions are considered FAA-approved if they             DATES:  Comments and related material                 received by the Coast Guard when you
                                                      are approved by the State of Design Authority                                                                 successfully transmit the comment. If
                                                                                                              must be received by the Coast Guard on
                                                      (or their delegated agent). You are required                                                                  you fax, hand deliver, or mail your
                                                      to assure the product is airworthy before it
                                                                                                              or before March 23, 2015.
                                                                                                                                                                    comment, it will be considered as
                                                      is returned to service.                                 ADDRESSES: You may submit comments                    having been received by the Coast
                                                                                                              identified by docket number using any                 Guard when it is received at the Docket
                                                      (h) Related Information
                                                                                                              one of the following methods:                         Management Facility. We recommend
                                                        Refer to MCAI European Aviation Safety                   (1) Federal eRulemaking Portal:
                                                      Agency (EASA) AD No. 2006–0085R2, dated                                                                       that you include your name and a
                                                                                                              http://www.regulations.gov.                           mailing address, an email address, or a
                                                      January 16, 2015. You may examine the                      (2) Fax: 202–493–2251.
                                                      MCAI on the Internet at http://                                                                               telephone number in the body of your
                                                      www.regulations.gov by searching for and
                                                                                                                 (3) Mail or Delivery: Docket                       document so that we can contact you if
                                                      locating Docket No. FAA–2006–26235. For                 Management Facility (M–30), U.S.                      we have questions regarding your
                                                      service information related to this AD,                 Department of Transportation, West                    submission.
                                                      contact SOCATA, Direction des Services,                 Building Ground Floor, Room W12–140,                     To submit your comment online, go to
                                                      65921 Tarbes Cedex 9, France; telephone: 33             1200 New Jersey Avenue SE.,                           http://www.regulations.gov, type the
                                                      (0)5 62.41.73.00; fax: 33 (0)5 62.41.76.54; or          Washington, DC 20590–0001. Deliveries                 docket number USCG–2015–0018 in the
                                                      SOCATA North America, North Perry                       accepted between 9 a.m. and 5 p.m.,                   ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
                                                      Airport, 7501 S Airport Rd., Pembroke Pines,            Monday through Friday, except federal
                                                      Florida 33023, telephone: (954) 893–1400;
                                                                                                                                                                    Click on ‘‘Submit a Comment’’ on the
                                                                                                              holidays. The telephone number is 202–                line associated with this rulemaking.
                                                      fax: (954) 964–4141; Internet: http://
                                                                                                              366–9329.                                                If you submit your comments by mail
                                                      www.socat.com. You may view this
                                                      referenced service information at the FAA,                 See the ‘‘Public Participation and                 or hand delivery, submit them in an
                                                      Small Airplane Directorate, 901 Locust,                 Request for Comments’’ portion of the                 unbound format, no larger than 81⁄2 by
                                                      Kansas City, Missouri 64106. For information            SUPPLEMENTARY INFORMATION section                     11 inches, suitable for copying and
                                                      on the availability of this material at the             below for further instructions on                     electronic filing. If you submit
                                                      FAA, call (816) 329–4148.                               submitting comments. To avoid                         comments by mail and would like to
                                                        Issued in Kansas City, Missouri, on                   duplication, please use only one of                   know that they reached the Facility,
                                                      February 6, 2015.                                       these three methods.                                  please enclose a stamped, self-addressed
                                                      Robert Busto,                                           FOR FURTHER INFORMATION CONTACT: If                   postcard or envelope. We will consider
                                                      Acting Manager, Small Airplane Directorate,             you have questions on this rule, call or              all comments and material received
                                                      Aircraft Certification Service.                         email Chief Warrant Officer Christopher               during the comment period and may
                                                      [FR Doc. 2015–03163 Filed 2–18–15; 8:45 am]             Ruleman, Sector Charleston Office of                  change the rule based on your
                                                      BILLING CODE 4910–13–P
                                                                                                              Waterways Management, Coast Guard;                    comments.
                                                                                                              telephone (843) 740–3184, email
                                                                                                                                                                    2. Viewing Comments and Documents
                                                                                                              Christopher.L.Ruleman@uscg.mil. If you
                                                                                                              have questions on viewing or submitting                  To view comments, as well as
                                                      DEPARTMENT OF HOMELAND                                                                                        documents mentioned in this preamble
                                                                                                              material to the docket, call Barbara
                                                      SECURITY                                                                                                      as being available in the docket, go to
                                                                                                              Hairston, Program Manager, Docket
                                                                                                              Operations, telephone (202) 366–9826.                 http://www.regulations.gov, type the
                                                      Coast Guard
                                                                                                              SUPPLEMENTARY INFORMATION:                            docket number USCG–2015–0018 in the
                                                                                                                                                                    ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
                                                      33 CFR Part 100                                         Table of Acronyms                                     Click on Open Docket Folder on the line
                                                      [Docket Number USCG–2015–0018]                          DHS Department of Homeland Security                   associated with this rulemaking. You
                                                                                                              FR Federal Register                                   may also visit the Docket Management
                                                      RIN 1625–AA08
                                                                                                              NPRM Notice of Proposed Rulemaking                    Facility in Room W12–140 on the
                                                      Special Local Regulation; Charleston                                                                          ground floor of the Department of
                                                                                                              A. Public Participation and Request for               Transportation West Building, 1200
                                                      Race Week, Charleston Harbor,                           Comments
                                                      Charleston, SC                                                                                                New Jersey Avenue SE., Washington,
                                                                                                                We encourage you to participate in                  DC 20590, between 9 a.m. and 5 p.m.,
                                                      AGENCY: Coast Guard, DHS.                               this rulemaking by submitting                         Monday through Friday, except Federal
                                                      ACTION: Notice of Proposed Rulemaking.                  comments and related materials. All                   holidays.
                                                                                                              comments received will be posted
                                                      SUMMARY:   The Coast Guard proposes to                                                                        3. Privacy Act
                                                                                                              without change to http://
                                                      issue a special local regulation on the                 www.regulations.gov and will include                     Anyone can search the electronic
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      waters of Charleston Harbor in                          any personal information you have                     form of comments received into any of
                                                      Charleston, SC during the Charleston                    provided.                                             our dockets by the name of the
                                                      Race Week on April 17, 2015 through                                                                           individual submitting the comment (or
                                                      April 19, 2015. This special local                      1. Submitting Comments                                signing the comment, if submitted on
                                                      regulation is necessary to ensure the                     If you submit a comment, please                     behalf of an association, business, labor
                                                      safety of participants, spectators, and                 include the docket number for this                    union, etc.). You may review a Privacy
                                                      the general public during the event. The                rulemaking, indicate the specific section             Act notice regarding our public dockets
                                                      special local regulation would                          of this document to which each                        in the January 17, 2008, issue of the
                                                      temporarily restrict vessel traffic in a                comment applies, and provide a reason                 Federal Register (73 FR 3316).


                                                 VerDate Sep<11>2014   16:12 Feb 18, 2015   Jkt 235001   PO 00000   Frm 00008   Fmt 4702   Sfmt 4702   E:\FR\FM\19FEP1.SGM   19FEP1


                                                                            Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Proposed Rules                                           8825

                                                      4. Public Meeting                                       by Executive Order 13563, Improving                   concerning its provisions or options for
                                                         We do not now plan to hold a public                  Regulation and Regulatory Review, and                 compliance, please contact the person
                                                      meeting. But you may submit a request                   does not require an assessment of                     listed in the FOR FURTHER INFORMATION
                                                      for one on or before March 15, 2015,                    potential costs and benefits under                    CONTACT, above. The Coast Guard will
                                                      using one of the methods specified                      section 6(a)(3) of Executive Order 12866              not retaliate against small entities that
                                                      under ADDRESSES. Please explain why                     or under section 1 of Executive Order                 question or complain about this
                                                      you believe a public meeting would be                   13563. The Office of Management and                   proposed rule or any policy or action of
                                                      beneficial. If we determine that one                    Budget has not reviewed it under those                the Coast Guard.
                                                      would aid this rulemaking, we will hold                 Orders.
                                                                                                                The economic impact of this proposed                4. Collection of Information
                                                      one at a time and place announced by
                                                      a later notice in the Federal Register.                 rule is not significant for the following               This proposed rule will not call for a
                                                                                                              reasons: (1) Non-participant persons and              new collection of information under the
                                                      B. Basis and Purpose                                    vessels may enter, transit through,                   Paperwork Reduction Act of 1995 (44
                                                         The legal basis for the proposed rule                anchor in, or remain within the                       U.S.C. 3501–3520.).
                                                      is the Coast Guard’s Authority to                       regulated area during the enforcement
                                                                                                              periods if authorized by the Captain of               5. Federalism
                                                      establish special local regulations: 33
                                                      U.S.C 1233. The purpose of the                          the Port Charleston or a designated                      A rule has implications for federalism
                                                      proposed rule is to ensure safety of life               representative; (2) vessels not able to               under Executive Order 13132,
                                                      on the navigable water of the United                    enter, transit through, anchor in, or                 Federalism, if it has a substantial direct
                                                      States during the Charleston Race Week.                 remain within the regulated area                      effect on the States, on the relationship
                                                                                                              without authorization from the Captain                between the national government and
                                                      C. Discussion of Proposed Rule                          of the Port Charleston or a designated                the States, or on the distribution of
                                                         The Coast Guard is proposing to                      representative may operate in the                     power and responsibilities among the
                                                      establish special local regulations on the              surrounding areas during the                          various levels of government. We have
                                                      waters of Charleston Harbor in                          enforcement period; and (3) the Coast                 analyzed this proposed rule under that
                                                      Charleston, South Carolina during                       Guard will provide advance notification               Order and determined that this rule
                                                      Charleston Race Week, a series of                       of the special local regulation to the                does not have implications for
                                                      sailboat races. The races are scheduled                 local maritime community by Local                     federalism.
                                                      to take place on Friday, April 17, 2015                 Notice to Mariners and Broadcast Notice
                                                                                                                                                                    6. Protest Activities
                                                      through Sunday, April 19, 2015.                         to Mariners.
                                                      Approximately 300 sailboats are                                                                                 The Coast Guard respects the First
                                                                                                              2. Impact on Small Entities                           Amendment rights of protesters.
                                                      anticipated to participate in the races,
                                                      and approximately 15 spectator vessels                     Under the Regulatory Flexibility Act               Protesters are asked to contact the
                                                      are expected to attend the event.                       (5 U.S.C. 601–612), we have considered                person listed in the FOR FURTHER
                                                      Persons and vessels desiring to enter,                  the impact of this proposed rule on                   INFORMATION CONTACT section to
                                                      transit through, anchor in, or remain                   small entities. The Coast Guard certifies             coordinate protest activities so that your
                                                      within the regulated area may contact                   under 5 U.S.C. 605(b) that this proposed              message can be received without
                                                      the Captain of the Port Charleston by                   rule will not have a significant                      jeopardizing the safety or security of
                                                      telephone at (843) 740–7050, or a                       economic impact on a substantial                      people, places or vessels.
                                                      designated representative via VHF radio                 number of small entities. This rule may
                                                                                                              affect the following entities, some of                7. Unfunded Mandates Reform Act
                                                      on channel 16, to request authorization.
                                                      If authorization to enter, transit through,             which may be small entities: the owner                   The Unfunded Mandates Reform Act
                                                      anchor in, or remain within the                         or operators of vessels intending to                  of 1995 (2 U.S.C. 1531–1538) requires
                                                      regulated area is granted by the Captain                enter, transit through, anchor in, or                 Federal agencies to assess the effects of
                                                      of the Port Charleston or a designated                  remain within the regulated area during               their discretionary regulatory actions. In
                                                      representative, all persons and vessels                 the enforcement period. For the reasons               particular, the Act addresses actions
                                                      receiving such authorization must                       discussed in Regulatory Planning and                  that may result in the expenditure by a
                                                      comply with the instructions of the                     Review section above, this rule will not              State, local, or tribal government, in the
                                                      Captain of the Port Charleston or a                     have a significant economic impact on                 aggregate, or by the private sector of
                                                      designated representative. The Coast                    a substantial number of small entities.               $100,000,000 (adjusted for inflation) or
                                                      Guard will provide notice of the special                   If you think that your business,                   more in any one year. Though this
                                                      local regulation by Local Notice to                     organization, or governmental                         proposed rule would not result in such
                                                      Mariners, Broadcast Notice to Mariners,                 jurisdiction qualifies as a small entity              an expenditure, we do discuss the
                                                      and on-scene designated                                 and that this rule would have a                       effects of this rule elsewhere in this
                                                      representatives.                                        significant economic impact on it,                    preamble.
                                                                                                              please submit a comment (see
                                                      D. Regulatory Analyses                                  ADDRESSES) explaining why you think it
                                                                                                                                                                    8. Taking of Private Property
                                                        We developed this proposed rule after                 qualifies and how and to what degree                    This proposed rule would not cause a
                                                      considering numerous statutes and                       this rule would economically affect it.               taking of private property or otherwise
                                                      executive orders related to rulemaking.                                                                       have taking implications under
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                                                                                                              3. Assistance for Small Entities                      Executive Order 12630, Governmental
                                                      Below we summarize our analyses
                                                      based on a number of these statutes or                     Under section 213(a) of the Small                  Actions and Interference with
                                                      executive orders.                                       Business Regulatory Enforcement                       Constitutionally Protected Property
                                                                                                              Fairness Act of 1996 (Pub. L. 104–121),               Rights.
                                                      1. Regulatory Planning and Review                       we want to assist small entities in
                                                         This proposed rule is not a significant              understanding this proposed rule. If the              9. Civil Justice Reform
                                                      regulatory action under section 3(f) of                 rule would affect your small business,                  This proposed rule meets applicable
                                                      Executive Order 12866, Regulatory                       organization, or governmental                         standards in sections 3(a) and 3(b)(2) of
                                                      Planning and Review, as supplemented                    jurisdiction and you have questions                   Executive Order 12988, Civil Justice


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                                                      8826                  Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Proposed Rules

                                                      Reform, to minimize litigation,                         List of Subjects in 33 CFR Part 100                      (2) The Coast Guard will provide
                                                      eliminate ambiguity, and reduce                           Marine Safety, Navigation (water),                  notice of the regulated area by Marine
                                                      burden.                                                 Reporting and recordkeeping                           Safety Information Bulletins, Local
                                                                                                              requirements, Waterways.                              Notice to Mariners, Broadcast Notice to
                                                      10. Protection of Children From                                                                               Mariners, and on-scene designated
                                                      Environmental Health Risks                                For the reasons discussed in the
                                                                                                              preamble, the Coast Guard proposes to                 representatives.
                                                         We have analyzed this proposed rule                                                                           (d) Effective Date. This rule is
                                                                                                              amend 33 CFR part 100 as follows:
                                                                                                                                                                    effective and will be enforced from 8:30
                                                      under Executive Order 13045,
                                                                                                              PART 100—SAFETY OF LIFE ON                            a.m. April 17, 2015 through 5:00 p.m.
                                                      Protection of Children from
                                                                                                              NAVIGABLE WATERS                                      April 19, 2015.
                                                      Environmental Health Risks and Safety
                                                      Risks. This rule is not an economically                                                                         Dated: January 28, 2015.
                                                                                                              ■ 1. The authority citation for part 100              B.D. Falk,
                                                      significant rule and would not create an                continues to read as follows:
                                                      environmental risk to health or risk to                                                                       Commander, U.S. Coast Guard. Acting
                                                      safety that might disproportionately                        Authority: 33 U.S.C. 1233                         Captain of the Port Charleston.
                                                      affect children.                                        ■ 2. Add a temporary § 100.35T07–0018                 [FR Doc. 2015–03075 Filed 2–18–15; 8:45 am]
                                                                                                              to read as follows:                                   BILLING CODE 9110–04–P
                                                      11. Indian Tribal Governments
                                                                                                              § 100.35T07–0018 Special Local
                                                         This proposed rule does not have                     Regulation; Charleston Race Week,
                                                      tribal implications under Executive                     Charleston Harbor, Charleston, SC.                    ENVIRONMENTAL PROTECTION
                                                      Order 13175, Consultation and                              (a) Regulated Area. The rule                       AGENCY
                                                      Coordination with Indian Tribal                         establishes special local regulations on              40 CFR Parts 59, 80, 85, 86, 600, 1037,
                                                      Governments, because it would not have                  certain waters of Charleston Harbor in                1043, 1051, 1054, 1060, 1065, and 1066
                                                      a substantial direct effect on one or                   Charleston, South Carolina. The special
                                                      more Indian tribes, on the relationship                 local regulations will be enforced daily              [EPA–HQ–OAR–2011–0135; FRL 9922–32–
                                                      between the Federal Government and                      from 8:30 a.m. until 5:00 p.m. on April               OAR]
                                                      Indian tribes, or on the distribution of                17, 2015 through April 19, 2015. The                  RIN 2060–AS36
                                                      power and responsibilities between the                  special local regulations consist of the
                                                      Federal Government and Indian tribes.                   following three race areas.                           Amendments Related to: Tier 3 Motor
                                                                                                                 (1) Race Area #1. All waters                       Vehicle Emission and Fuel Standards,
                                                      12. Energy Effects                                      encompassed within an 800 yard radius                 Nonroad Engine and Equipment
                                                                                                              of position 32°46′39″ N, 79°55′10″ W.                 Programs, and MARPOL Annex VI
                                                         This proposed rule is not a                             (2) Race Area #2. All waters
                                                      ‘‘significant energy action’’ under                                                                           Implementation
                                                                                                              encompassed within a 900 yard radius
                                                      Executive Order 13211, Actions                          of position 32°45′48″ N, 79°54′46″ W.                 AGENCY:  Environmental Protection
                                                      Concerning Regulations That                                (3) Race Area #3. All waters                       Agency.
                                                      Significantly Affect Energy Supply,                     encompassed within a 900 yard radius                  ACTION: Proposed rule.
                                                      Distribution, or Use.                                   of position 32°45′44″ N, 79°53′32″ W.
                                                                                                                 (b) Definition. The term ‘‘designated              SUMMARY:   The Environmental Protection
                                                      13. Technical Standards                                                                                       Agency (EPA) is proposing this action
                                                                                                              representative’’ means Coast Guard
                                                                                                              Patrol Commanders, including Coast                    on several amendments involving
                                                        This proposed rule does not use
                                                                                                              Guard coxswains, petty officers, and                  technical clarifications for different
                                                      technical standards. Therefore, we did
                                                                                                              other officers operating Coast Guard                  mobile source regulations. First, we are
                                                      not consider the use of voluntary
                                                                                                              vessels, and Federal, state, and local                making a variety of corrections to the
                                                      consensus standards.
                                                                                                              officers designated by or assisting the               Tier 3 motor vehicle emission and fuel
                                                      14. Environment                                         Captain of the Port Charleston in the                 standards. These changes generally
                                                                                                              enforcement of the regulated areas.                   correct or clarify various provisions
                                                        We have analyzed this rule under                         (c) Regulations. (1) All persons and               from the Tier 3 rule without expanding
                                                      Department of Homeland Security                         vessels, except those participating in                the Tier 3 program or otherwise making
                                                      Management Directive 023–01 and                         Charleston Race Week or serving as                    substantive changes. Second, we are
                                                      Commandant Instruction M16475.lD,                       safety vessels are prohibited from                    revising the test procedures and
                                                      which guide the Coast Guard in                          entering, transiting through, anchoring               compliance provisions for nonroad
                                                      complying with the National                             in, or remaining within the regulated                 spark-ignition engines at or below 19
                                                      Environmental Policy Act of 1969                        area. Persons and vessels desiring to                 kW (and for the corresponding nonroad
                                                      (NEPA) (42 U.S.C. 4321–4370f), and                      enter, transit through, anchor in, or                 equipment) to conform to current
                                                      have concluded this action is one of a                  remain within the regulated area may                  practices. The changes to evaporative
                                                      category of actions that do not                         contact the Captain of the Port                       emission test procedures also apply to
                                                      individually or cumulatively have a                     Charleston by telephone at (843) 740–                 some degree to other types of nonroad
                                                      significant effect on the human                         7050, or a designated representative via              equipment powered by volatile liquid
                                                      environment. This rule involves a                       VHF radio on channel 16, to request                   fuels. Third, we are addressing an
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                                                      special local regulation issued in                      authorization. If authorization to enter,             ambiguity regarding permissible design
                                                      conjunction with a regatta or marine                    transit through, anchor in, or remain                 approaches for portable fuel containers
                                                      parade. This rule is categorically                      within the regulated area is granted by               meeting evaporative emission standards.
                                                      excluded from further review under                      the Captain of the Port Charleston or a               Fourth, we are revising the regulations
                                                      paragraph 34(h) of Figure 2–1 of the                    designated representative, all persons                to more carefully align with current
                                                      Commandant Instruction. We seek any                     and vessels receiving such authorization              requirements that apply to marine
                                                      comments or information that may lead                   must comply with the instructions of                  vessels with diesel engines as specified
                                                      to the discovery of a significant                       the Captain of the Port Charleston or a               under MARPOL Annex VI. Fifth, we are
                                                      environmental impact from this rule.                    designated representative.                            correcting typographical errors in


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Document Created: 2018-02-16 11:12:23
Document Modified: 2018-02-16 11:12:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of Proposed Rulemaking.
DatesComments and related material must be received by the Coast Guard on or before March 23, 2015.
ContactIf you have questions on this rule, call or email Chief Warrant Officer Christopher Ruleman, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected] If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 8824 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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