81 FR 19939 - Special Local Regulation; Bucksport/Southeastern Drag Boat Summer Championships, Atlantic Intracoastal Waterway; Bucksport, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 66 (April 6, 2016)

Page Range		19939-19941
FR Document		2016-07898

The Coast Guard proposes to establish a special local regulation on the Atlantic Intracoastal Waterway in Bucksport, South Carolina during the Bucksport/Southeastern Drag Boat Summer Championships, on August 13, and August 14, 2016. This special local regulation is necessary to ensure the safety of participants, spectators, and the general public during the event. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port Charleston or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 66 (Wednesday, April 6, 2016)

[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)]
[Proposed Rules]
[Pages 19939-19941]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07898]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0011]
RIN 1625-AA08


Special Local Regulation; Bucksport/Southeastern Drag Boat Summer 
Championships, Atlantic Intracoastal Waterway; Bucksport, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a special local 
regulation on the Atlantic Intracoastal Waterway in Bucksport, South 
Carolina during the Bucksport/Southeastern Drag Boat Summer 
Championships, on August 13, and August 14, 2016. This special local 
regulation is necessary to ensure the safety of participants, 
spectators, and the general public during the event. This proposed 
rulemaking would prohibit persons and vessels from being in the 
regulated area unless authorized by the Captain of the Port Charleston 
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 May 6, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0011 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public

[[Page 19940]]

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 John Downing, 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
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On December 27, 2015, the Bucksport Marina notified the Coast Guard 
that it will sponsor a series of drag boat races from 12 p.m. to 7 p.m. 
on August 13, and August 14, 2016. 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 Bucksport/Lake Murray Drag Boat Spring Nationals, a series 
of high speed boat races.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a special local regulation on 
the Atlantic Intracoastal Waterway in Bucksport, South Carolina during 
Bucksport/Southeastern Drag Boat Summer Championships, on August 13 and 
August 14, 2016. Approximately 75 powerboats are anticipated to 
participate in the races and approximately 35 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.

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 the First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget.
    This proposed rule is not a significant regulatory action under 
section 3(f) of E.O. 12866, Regulatory Planning and Review, as 
supplemented by E.O. 13563, Improving Regulation and Regulatory Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of E.O. 12866 or under section 1 of E.O. 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) The special local regulation would be 
enforced for only seven hours a day over a two day period; (2) although 
persons and vessels would not be 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, they 
would be able to operate in the surrounding area during the enforcement 
periods; (3) persons and vessels would still be able to enter, transit 
through, anchor in, or remain within the regulated area if authorized 
by the Captain of the Port Charleston or a designated representative; 
and (4) the Coast Guard would provide advance notification of the 
regulated area to the local maritime community by Local Notice to 
Mariners and Broadcast Notice to Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard 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 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.
    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 E.O. 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

[[Page 19941]]

with the fundamental federalism principles and preemption requirements 
described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 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 above.

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 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.

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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site'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 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.T07-0011 to read as follows:


Sec.  100.T07-0011  Special Local Regulations; Bucksport/Southeastern 
Drag Boat Summer Championships, Atlantic Intracoastal Waterway, 
Bucksport, SC.

    (a) Regulated area. All waters of the Atlantic Intracoastal 
Waterway encompassed by a line connecting the following points: point 1 
in position 33[deg]39'13'' N., 079[deg]05'36'' W.; thence west to point 
2 in position 33[deg]39'17'' N., 079[deg]05'46'' W.; thence south to 
point 3 in position 33[deg]38'53'' N., 079[deg]05'39'' W.; thence east 
to point 4 in position 33[deg]38'54'' N, 079[deg]05'31'' W.; thence 
north back to point 1. All coordinates are North American Datum 1983.
    (b) Definition. As used in this section, ``designated 
representative'' means Coast Guard Patrol Commanders, including Coast 
Guard coxswains, petty officers, and other officers operating Coast 
Guard vessels, and Federal, state, and local officers designated by or 
assisting the Captain of the Port Charleston in the enforcement of the 
regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area, except persons and vessels participating in Bucksport/
Southeastern Drag Boat Summer Championships or serving as safety 
vessels. Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Charleston by telephone at (843)740-7050, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port Charleston or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a designated representative.
    (2) The Coast Guard will provide notice of the regulated area by 
Marine Safety Information Bulletins, Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement date. This rule will be enforced daily on August 13 
and August 14, 2016 from 12 p.m. until 7 p.m.

    Dated: March 29, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-07898 Filed 4-5-16; 8:45 am]
 BILLING CODE 9110-04-P

19940 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Proposed Rules

Participation and Request for Guard will provide notice of the special the potential impact of regulations on
Comments’’ portion of the local regulation by Local Notice to small entities during rulemaking. The
SUPPLEMENTARY INFORMATION section for Mariners, Broadcast Notice to Mariners, term ‘‘small entities’’ comprises small
further instructions on submitting and on-scene designated businesses, not-for-profit organizations
comments. representatives. that are independently owned and
FOR FURTHER INFORMATION CONTACT: If
operated and are not dominant in their
IV. Regulatory Analyses
you have questions about this proposed fields, and governmental jurisdictions
We developed this proposed rule after with populations of less than 50,000.
rulemaking, call or email Lieutenant considering numerous statutes and
John Downing, Sector Charleston Office The Coast Guard certifies under 5 U.S.C.
Executive Orders related to rulemaking. 605(b) that this proposed rule would not
of Waterways Management, Coast Below we summarize our analyses
Guard; telephone (843) 740–3184, email have a significant economic impact on
based on a number of these statutes and a substantial number of small entities.
John.Z.Downing@uscg.mil. Executive Orders and we discuss the We have considered the impact of this
SUPPLEMENTARY INFORMATION: First Amendment rights of protestors. proposed rule on small entities. This
I. Table of Abbreviations A. Regulatory Planning and Review rule may affect the following entities,
some of which may be small entities:
CFR Code of Federal Regulations E.O.s 12866 and 13563 direct agencies
DHS Department of Homeland Security the owner or operators of vessels
to assess the costs and benefits of intending to enter, transit through,
E.O. Executive order
FR Federal Register
available regulatory alternatives and, if anchor in, or remain within the
NPRM Notice of proposed rulemaking regulation is necessary, to select regulated area during the enforcement
Pub. L. Public Law regulatory approaches that maximize period. For the reasons discussed in
§ Section net benefits. E.O. 13563 emphasizes the Regulatory Planning and Review section
U.S.C. United States Code importance of quantifying both costs above, this rule will not have a
and benefits, of reducing costs, of significant economic impact on a
II. Background, Purpose, and Legal
harmonizing rules, and of promoting substantial number of small entities.
Basis
flexibility. This NPRM has not been If you think that your business,
On December 27, 2015, the Bucksport designated a ‘‘significant regulatory organization, or governmental
Marina notified the Coast Guard that it action,’’ under E.O. 12866. Accordingly, jurisdiction qualifies as a small entity
will sponsor a series of drag boat races the NPRM has not been reviewed by the and that this rule would have a
from 12 p.m. to 7 p.m. on August 13, Office of Management and Budget. significant economic impact on it,
and August 14, 2016. The legal basis for This proposed rule is not a significant please submit a comment (see
the proposed rule is the Coast Guard’s regulatory action under section 3(f) of ADDRESSES) explaining why you think it
Authority to establish special local E.O. 12866, Regulatory Planning and qualifies and how and to what degree
regulations: 33 U.S.C 1233. The purpose Review, as supplemented by E.O. 13563, this rule would economically affect it.
of the proposed rule is to ensure safety Improving Regulation and Regulatory Under section 213(a) of the Small
of life on the navigable water of the Review, and does not require an Business Regulatory Enforcement
United States during the Bucksport/ assessment of potential costs and Fairness Act of 1996 (Pub. L. 104–121),
Lake Murray Drag Boat Spring benefits under section 6(a)(3) of E.O. we want to assist small entities in
Nationals, a series of high speed boat 12866 or under section 1 of E.O. 13563. understanding this proposed rule. If the
races. The Office of Management and Budget rule would affect your small business,
III. Discussion of Proposed Rule has not reviewed it under those Orders. organization, or governmental
The economic impact of this proposed jurisdiction and you have questions
The Coast Guard proposes to establish rule is not significant for the following concerning its provisions or options for
a special local regulation on the Atlantic reasons: (1) The special local regulation compliance, please contact the person
Intracoastal Waterway in Bucksport, would be enforced for only seven hours listed in the FOR FURTHER INFORMATION
South Carolina during Bucksport/ a day over a two day period; (2) CONTACT section. The Coast Guard will
Southeastern Drag Boat Summer although persons and vessels would not not retaliate against small entities that
Championships, on August 13 and be able to enter, transit through, anchor question or complain about this
August 14, 2016. Approximately 75 in, or remain within the regulated area proposed rule or any policy or action of
powerboats are anticipated to without authorization from the Captain the Coast Guard.
participate in the races and of the Port Charleston or a designated
approximately 35 spectator vessels are representative, they would be able to C. Collection of Information
expected to attend the event. Persons operate in the surrounding area during This proposed rule would not call for
and vessels desiring to enter, transit the enforcement periods; (3) persons a new collection of information under
through, anchor in, or remain within the and vessels would still be able to enter, the Paperwork Reduction Act of 1995
regulated area may contact the Captain transit through, anchor in, or remain (44 U.S.C. 3501–3520).
of the Port Charleston by telephone at within the regulated area if authorized
(843) 740–7050, or a designated D. Federalism and Indian Tribal
by the Captain of the Port Charleston or
representative via VHF radio on channel Governments
a designated representative; and (4) the
16, to request authorization. If Coast Guard would provide advance A rule has implications for federalism
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

authorization to enter, transit through, notification of the regulated area to the under E.O. 13132, Federalism, if it has
anchor in, or remain within the local maritime community by Local a substantial direct effect on the States,
regulated area is granted by the Captain Notice to Mariners and Broadcast Notice on the relationship between the national
of the Port Charleston or a designated to Mariners. government and the States, or on the
representative, all persons and vessels distribution of power and
receiving such authorization must B. Impact on Small Entities responsibilities among the various
comply with the instructions of the The Regulatory Flexibility Act of levels of government. We have analyzed
Captain of the Port Charleston or a 1980, 5 U.S.C. 601–612, as amended this proposed rule under that Order and
designated representative. The Coast requires Federal agencies to consider have determined that it is consistent

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Document Created: 2018-02-07 13:52:10
Document Modified: 2018-02-07 13:52:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before May 6, 2016.
Contact		If you have questions about this proposed rulemaking, call or email Lieutenant John Downing, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]
FR Citation		81 FR 19939
RIN Number		1625-AA08
CFR Associated		Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

81 FR 19939 - Special Local Regulation; Bucksport/Southeastern Drag Boat Summer Championships, Atlantic Intracoastal Waterway; Bucksport, SC

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 66 (April 6, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard