81_FR_20008 81 FR 19942 - Special Local Regulation; Bucksport/Southeastern Drag Boat Summer Extravaganza, Atlantic Intracoastal Waterway; Bucksport, SC

81 FR 19942 - Special Local Regulation; Bucksport/Southeastern Drag Boat Summer Extravaganza, Atlantic Intracoastal Waterway; Bucksport, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range19942-19944
FR Document2016-07891

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 Extravaganza, on July 9 and July 10, 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 19942-19944]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07891]



[[Page 19942]]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0010]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

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 
Extravaganza, on July 9 and July 10, 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-
2016-0010 using the Federal eRulemaking Portal at http://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 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 July 9, and July 10, 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 
the Bucksport/Southeastern Drag Boat Summer Extravaganza, on July 9 and 
July 10, 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.

[[Page 19943]]

    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 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 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 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.T07-0010 to read as follows:


Sec.  100.T07-0010  Special Local Regulations; Bucksport/Southeastern 
Drag Boat Summer Extravaganza, 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,

[[Page 19944]]

transiting through, anchoring in, or remaining within the regulated 
area, except persons and vessels participating in Bucksport/
Southeastern Drag Boat Summer Extravaganza 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 from 12 p.m. until 
7 p.m. daily on July 9 and July 10, 2016.

    Dated: March 29, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-07891 Filed 4-5-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                      19942                   Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Proposed Rules

                                                      DEPARTMENT OF HOMELAND                                  II. Background, Purpose, and Legal                     flexibility. This NPRM has not been
                                                      SECURITY                                                Basis                                                  designated a ‘‘significant regulatory
                                                                                                                 On December 27, 2015, the Bucksport                 action,’’ under E.O. 12866. Accordingly,
                                                      Coast Guard                                             Marina notified the Coast Guard that it                the NPRM has not been reviewed by the
                                                                                                              will sponsor a series of drag boat races               Office of Management and Budget.
                                                      33 CFR Part 100                                         from 12 p.m. to 7 p.m. on July 9, and                     This proposed rule is not a significant
                                                                                                              July 10, 2016. The legal basis for the                 regulatory action under section 3(f) of
                                                      [Docket Number USCG–2016–0010]                          proposed rule is the Coast Guard’s                     E.O. 12866, Regulatory Planning and
                                                                                                              Authority to establish special local                   Review, as supplemented by E.O. 13563,
                                                                                                              regulations: 33 U.S.C 1233. The purpose                Improving Regulation and Regulatory
                                                      RIN 1625–AA08
                                                                                                              of the proposed rule is to ensure safety               Review, and does not require an
                                                      Special Local Regulation; Bucksport/                    of life on the navigable water of the                  assessment of potential costs and
                                                      Southeastern Drag Boat Summer                           United States during the Bucksport/                    benefits under section 6(a)(3) of E.O.
                                                      Extravaganza, Atlantic Intracoastal                     Lake Murray Drag Boat Spring                           12866 or under section 1 of E.O. 13563.
                                                      Waterway; Bucksport, SC                                 Nationals, a series of high speed boat                 The Office of Management and Budget
                                                                                                              races.                                                 has not reviewed it under those Orders.
                                                      AGENCY:    Coast Guard, DHS.                                                                                      The economic impact of this proposed
                                                                                                              III. Discussion of Proposed Rule                       rule is not significant for the following
                                                      ACTION:   Notice of proposed rulemaking.                                                                       reasons: (1) The special local regulation
                                                                                                                 The Coast Guard proposes to establish
                                                                                                              a special local regulation on the Atlantic             would be enforced for only seven hours
                                                      SUMMARY:   The Coast Guard proposes to
                                                                                                              Intracoastal Waterway in Bucksport,                    a day over a two-day period; (2)
                                                      establish a special local regulation on
                                                                                                              South Carolina during the Bucksport/                   although persons and vessels would not
                                                      the Atlantic Intracoastal Waterway in                                                                          be able to enter, transit through, anchor
                                                      Bucksport, South Carolina during the                    Southeastern Drag Boat Summer
                                                                                                              Extravaganza, on July 9 and July 10,                   in, or remain within the regulated area
                                                      Bucksport/Southeastern Drag Boat                                                                               without authorization from the Captain
                                                      Summer Extravaganza, on July 9 and                      2016. Approximately 75 powerboats are
                                                                                                              anticipated to participate in the races                of the Port Charleston or a designated
                                                      July 10, 2016. This special local                                                                              representative, they would be able to
                                                      regulation is necessary to ensure the                   and approximately 35 spectator vessels
                                                                                                              are expected to attend the event.                      operate in the surrounding area during
                                                      safety of participants, spectators, and                                                                        the enforcement periods; (3) persons
                                                      the general public during the event.                    Persons and vessels desiring to enter,
                                                                                                              transit through, anchor in, or remain                  and vessels would still be able to enter,
                                                      This proposed rulemaking would                                                                                 transit through, anchor in, or remain
                                                      prohibit persons and vessels from being                 within the regulated area may contact
                                                                                                              the Captain of the Port Charleston by                  within the regulated area if authorized
                                                      in the regulated area unless authorized                                                                        by the Captain of the Port Charleston or
                                                      by the Captain of the Port Charleston or                telephone at (843) 740–7050, or a
                                                                                                              designated representative via VHF radio                a designated representative; and (4) the
                                                      a designated representative. We invite                                                                         Coast Guard would provide advance
                                                      your comments on this proposed                          on channel 16, to request authorization.
                                                                                                              If authorization to enter, transit through,            notification of the regulated area to the
                                                      rulemaking.                                                                                                    local maritime community by Local
                                                                                                              anchor in, or remain within the
                                                      DATES: Comments and related material                    regulated area is granted by the Captain               Notice to Mariners and Broadcast Notice
                                                      must be received by the Coast Guard on                  of the Port Charleston or a designated                 to Mariners.
                                                      or before May 6, 2016.                                  representative, all persons and vessels                B. Impact on Small Entities
                                                      ADDRESSES:   You may submit comments                    receiving such authorization must
                                                                                                                                                                        The Regulatory Flexibility Act of
                                                      identified by docket number USCG–                       comply with the instructions of the
                                                                                                                                                                     1980, 5 U.S.C. 601–612, as amended
                                                      2016–0010 using the Federal                             Captain of the Port Charleston or a
                                                                                                                                                                     requires Federal agencies to consider
                                                      eRulemaking Portal at http://                           designated representative. The Coast
                                                                                                                                                                     the potential impact of regulations on
                                                      www.regulations.gov. See the ‘‘Public                   Guard will provide notice of the special
                                                                                                                                                                     small entities during rulemaking. The
                                                      Participation and Request for                           local regulation by Local Notice to
                                                                                                                                                                     term ‘‘small entities’’ comprises small
                                                      Comments’’ portion of the                               Mariners, Broadcast Notice to Mariners,
                                                                                                                                                                     businesses, not-for-profit organizations
                                                      SUPPLEMENTARY INFORMATION section for
                                                                                                              and on-scene designated
                                                                                                                                                                     that are independently owned and
                                                      further instructions on submitting                      representatives.
                                                                                                                                                                     operated and are not dominant in their
                                                      comments.                                               IV. Regulatory Analyses                                fields, and governmental jurisdictions
                                                                                                                We developed this proposed rule after                with populations of less than 50,000.
                                                      FOR FURTHER INFORMATION CONTACT:   If
                                                                                                              considering numerous statutes and                      The Coast Guard certifies under 5 U.S.C.
                                                      you have questions about this proposed
                                                                                                              Executive Orders related to rulemaking.                605(b) that this proposed rule would not
                                                      rulemaking, call or email Lieutenant
                                                                                                              Below we summarize our analyses                        have a significant economic impact on
                                                      John Downing, Sector Charleston Office
                                                                                                              based on a number of these statutes and                a substantial number of small entities.
                                                      of Waterways Management, Coast
                                                                                                              Executive Orders and we discuss the                    We have considered the impact of this
                                                      Guard; telephone (843) 740–3184, email
                                                                                                              First Amendment rights of protestors.                  proposed rule on small entities. This
                                                      John.Z.Downing@uscg.mil.
                                                                                                                                                                     rule may affect the following entities,
                                                      SUPPLEMENTARY INFORMATION:                              A. Regulatory Planning and Review                      some of which may be small entities:
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      I. Table of Abbreviations                                 E.O.s 12866 and 13563 direct agencies                The owner or operators of vessels
                                                                                                              to assess the costs and benefits of                    intending to enter, transit through,
                                                      CFR Code of Federal Regulations                         available regulatory alternatives and, if              anchor in, or remain within the
                                                      DHS Department of Homeland Security                     regulation is necessary, to select                     regulated area during the enforcement
                                                      E.O. Executive order
                                                      FR Federal Register
                                                                                                              regulatory approaches that maximize                    period. For the reasons discussed in
                                                      NPRM Notice of proposed rulemaking                      net benefits. E.O. 13563 emphasizes the                Regulatory Planning and Review section
                                                      Pub. L. Public Law                                      importance of quantifying both costs                   above, this rule will not have a
                                                      § Section                                               and benefits, of reducing costs, of                    significant economic impact on a
                                                      U.S.C. United States Code                               harmonizing rules, and of promoting                    substantial number of small entities.


                                                 VerDate Sep<11>2014   17:24 Apr 05, 2016   Jkt 238001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\06APP1.SGM   06APP1


                                                                              Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Proposed Rules                                            19943

                                                         If you think that your business,                     particular, the Act addresses actions                  CONTACT section of this document for
                                                      organization, or governmental                           that may result in the expenditure by a                alternate instructions.
                                                      jurisdiction qualifies as a small entity                State, local, or tribal government, in the                We accept anonymous comments. All
                                                      and that this rule would have a                         aggregate, or by the private sector of                 comments received will be posted
                                                      significant economic impact on it,                      $100,000,000 (adjusted for inflation) or               without change to http://
                                                      please submit a comment (see                            more in any one year. Though this                      www.regulations.gov and will include
                                                      ADDRESSES) explaining why you think it                  proposed rule would not result in such                 any personal information you have
                                                      qualifies and how and to what degree                    an expenditure, we do discuss the                      provided. For more about privacy and
                                                      this rule would economically affect it.                 effects of this rule elsewhere in this                 the docket, you may review a Privacy
                                                         Under section 213(a) of the Small                    preamble.                                              Act notice regarding the Federal Docket
                                                      Business Regulatory Enforcement                                                                                Management System in the March 24,
                                                      Fairness Act of 1996 (Pub. L. 104–121),                 F. Environment                                         2005, issue of the Federal Register (70
                                                      we want to assist small entities in                       We have analyzed this proposed rule                  FR 15086).
                                                      understanding this proposed rule. If the                under Department of Homeland                              Documents mentioned in this NPRM
                                                      rule would affect your small business,                  Security Management Directive 023–01                   as being available in the docket, and all
                                                      organization, or governmental                           and Commandant Instruction                             public comments, will be in our online
                                                      jurisdiction and you have questions                     M16475.lD, which guide the Coast                       docket at http://www.regulations.gov
                                                      concerning its provisions or options for                Guard in complying with the National                   and can be viewed by following that
                                                      compliance, please contact the person                   Environmental Policy Act of 1969 (42                   Web site’s instructions. Additionally, if
                                                      listed in the FOR FURTHER INFORMATION                   U.S.C. 4321–4370f), and have made a                    you go to the online docket and sign up
                                                      CONTACT section. The Coast Guard will                   preliminary determination that this                    for email alerts, you will be notified
                                                      not retaliate against small entities that               action is one of a category of actions that            when comments are posted or a final
                                                      question or complain about this                         do not individually or cumulatively                    rule is published.
                                                      proposed rule or any policy or action of                have a significant effect on the human                 List of Subjects in 33 CFR Part 100
                                                      the Coast Guard.                                        environment. This proposed rule
                                                                                                              involves special local regulation issued                 Marine safety, Navigation (water),
                                                      C. Collection of Information                                                                                   Reporting and recordkeeping
                                                                                                              in conjunction with a regatta or marine
                                                        This proposed rule would not call for                 parade. This rule is categorically                     requirements, Waterways.
                                                      a new collection of information under                   excluded from further review under                       For the reasons discussed in the
                                                      the Paperwork Reduction Act of 1995                     paragraph 34(h) of Figure 2–1 of the                   preamble, the Coast Guard proposes to
                                                      (44 U.S.C. 3501–3520).                                  Commandant Instruction. We seek any                    amend 33 CFR part 100 as follows:
                                                      D. Federalism and Indian Tribal                         comments or information that may lead
                                                                                                              to the discovery of a significant                      PART 100—SAFETY OF LIFE ON
                                                      Governments                                                                                                    NAVIGABLE WATERS
                                                                                                              environmental impact from this
                                                         A rule has implications for federalism
                                                                                                              proposed rule.                                         ■ 1. The authority citation for part 100
                                                      under E.O. 13132, Federalism, if it has
                                                      a substantial direct effect on the States,              G. Protest Activities                                  continues to read as follows:
                                                      on the relationship between the national                                                                           Authority: 33 U.S.C. 1233.
                                                      government and the States, or on the                      The Coast Guard respects the First
                                                                                                              Amendment rights of protesters.                        ■ 2. Add a temporary § 100.T07–0010 to
                                                      distribution of power and                                                                                      read as follows:
                                                      responsibilities among the various                      Protesters are asked to contact the
                                                      levels of government. We have analyzed                  person listed in the FOR FURTHER
                                                                                                                                                                     § 100.T07–0010 Special Local Regulations;
                                                                                                              INFORMATION CONTACT section to
                                                      this proposed rule under that Order and                                                                        Bucksport/Southeastern Drag Boat Summer
                                                      have determined that it is consistent                   coordinate protest activities so that your             Extravaganza, Atlantic Intracoastal
                                                      with the fundamental federalism                         message can be received without                        Waterway, Bucksport, SC.
                                                      principles and preemption requirements                  jeopardizing the safety or security of                    (a) Regulated area. All waters of the
                                                      described in E.O. 13132.                                people, places, or vessels.                            Atlantic Intracoastal Waterway
                                                         Also, this proposed rule does not have               V. Public Participation and Request for                encompassed by a line connecting the
                                                      tribal implications under E.O. 13175,                   Comments                                               following points: Point 1 in position
                                                      Consultation and Coordination with                                                                             33°39′13″ N., 079°05′36″ W.; thence
                                                      Indian Tribal Governments, because it                     We view public participation as                      west to point 2 in position 33°39′17″ N.,
                                                      would not have a substantial direct                     essential to effective rulemaking, and                 079°05′46″ W.; thence south to point 3
                                                      effect on one or more Indian tribes, on                 will consider all comments and material                in position 33°38′53″ N., 079°05′39″ W.;
                                                      the relationship between the Federal                    received during the comment period.                    thence east to point 4 in position
                                                      Government and Indian tribes, or on the                 Your comment can help shape the                        33°38′54″ N., 079°05′31″ W.; thence
                                                      distribution of power and                               outcome of this rulemaking. If you                     north back to point 1. All coordinates
                                                      responsibilities between the Federal                    submit a comment, please include the                   are North American Datum 1983.
                                                      Government and Indian tribes. If you                    docket number for this rulemaking,                        (b) Definition. As used in this section,
                                                      believe this proposed rule has                          indicate the specific section of this                  ‘‘designated representative’’ means
                                                      implications for federalism or Indian                   document to which each comment                         Coast Guard Patrol Commanders,
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      tribes, please contact the person listed                applies, and provide a reason for each                 including Coast Guard coxswains, petty
                                                      in the FOR FURTHER INFORMATION                          suggestion or recommendation.                          officers, and other officers operating
                                                      CONTACT section above.                                    We encourage you to submit                           Coast Guard vessels, and Federal, state,
                                                                                                              comments through the Federal                           and local officers designated by or
                                                      E. Unfunded Mandates Reform Act                         eRulemaking Portal at http://                          assisting the Captain of the Port
                                                        The Unfunded Mandates Reform Act                      www.regulations.gov. If your material                  Charleston in the enforcement of the
                                                      of 1995 (2 U.S.C. 1531–1538) requires                   cannot be submitted using http://                      regulated areas.
                                                      Federal agencies to assess the effects of               www.regulations.gov, contact the person                   (c) Regulations. (1) All persons and
                                                      their discretionary regulatory actions. In              in the FOR FURTHER INFORMATION                         vessels are prohibited from entering,


                                                 VerDate Sep<11>2014   17:24 Apr 05, 2016   Jkt 238001   PO 00000   Frm 00012   Fmt 4702   Sfmt 4702   E:\FR\FM\06APP1.SGM   06APP1


                                                      19944                   Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Proposed Rules

                                                      transiting through, anchoring in, or                    minimum distance separation                             Federal Communications Commission.
                                                      remaining within the regulated area,                    requirements of the Commission’s Rules                  James Bradshaw,
                                                      except persons and vessels participating                with a site restriction 4.7 kilometers (3.0             Deputy Chief, Audio Division, Media Bureau.
                                                      in Bucksport/Southeastern Drag Boat                     miles) southwest of the community. The
                                                                                                                                                                        For the reasons discussed in the
                                                      Summer Extravaganza or serving as                       reference coordinates are 46–38–49 NL                   preamble, the Federal Communications
                                                      safety vessels. Persons and vessels                     and 123–45–11 WL.                                       Commission proposes to amend 47 CFR
                                                      desiring to enter, transit through, anchor
                                                                                                              DATES: Comments must be filed on or                     part 73 as follows:
                                                      in, or remain within the regulated area
                                                      may contact the Captain of the Port                     before May 16, 2016, and reply
                                                                                                              comments on or before May 31, 2016.                     PART 73—RADIO BROADCAST
                                                      Charleston by telephone at (843) 740–                                                                           SERVICES
                                                      7050, or a designated representative via                ADDRESSES:  Federal Communications
                                                      VHF radio on channel 16, to request                     Commission, 445 12th Street SW.,                        ■ 1. The authority citation for part 73
                                                      authorization. If authorization to enter,               Washington, DC 20554. In addition to                    continues to read as follows:
                                                      transit through, anchor in, or remain                   filing comments with the FCC,                             Authority: 47 U.S.C. 154, 303, 334, 336,
                                                      within the regulated area is granted by                 interested parties should serve the rule                and 339.
                                                      the Captain of the Port Charleston or a                 making petitioner and the counter
                                                      designated representative, all persons                  proponent as follows: Peter Gutmann,                    § 73.202   [Amended]
                                                      and vessels receiving such authorization                Esq., Womble Carlyle Sandridge & Rice,                  ■ 2. Section 73.202(b), the Table of FM
                                                      must comply with the instructions of                    LLP, 1200 19th Street NW., 5th Floor,                   Allotments under Washington, is
                                                      the Captain of the Port Charleston or a                 Washington, DC 20036.                                   amended by adding Raymond, Channel
                                                      designated representative.                                                                                      300A.
                                                         (2) The Coast Guard will provide                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                      [FR Doc. 2016–07888 Filed 4–5–16; 8:45 am]
                                                      notice of the regulated area by Marine                  Rolanda F. Smith, Media Bureau, (202)
                                                                                                                                                                      BILLING CODE 6712–01–P
                                                      Safety Information Bulletins, Local                     418–2700.
                                                      Notice to Mariners, Broadcast Notice to                 SUPPLEMENTARY INFORMATION:       This is a
                                                      Mariners, and on-scene designated                       synopsis of the Commission’s Notice of                  DEPARTMENT OF TRANSPORTATION
                                                      representatives.                                        Proposed Rule Making, MB Docket No.
                                                         (d) Enforcement date. This rule will                 16–74, adopted March 22, 2016, and                      National Highway Traffic Safety
                                                      be enforced from 12 p.m. until 7 p.m.                   released March 23, 2016. The full text                  Administration
                                                      daily on July 9 and July 10, 2016.                      of this Commission decision is available
                                                        Dated: March 29, 2016.                                for inspection and copying during                       49 CFR Part 571
                                                      G.L. Tomasulo,                                          normal business hours in the FCC’s                      [Docket No. NHTSA–2016–0021]
                                                      Captain, U.S. Coast Guard, Captain of the               Reference Information Center at Portals
                                                      Port Charleston.                                        II, CY–A257, 445 12th Street SW.,                       Federal Motor Vehicle Safety
                                                      [FR Doc. 2016–07891 Filed 4–5–16; 8:45 am]              Washington, DC 20554. This document                     Standards; Occupant Crash Protection
                                                      BILLING CODE 9110–04–P                                  does not contain proposed information
                                                                                                              collection requirements subject to the                  AGENCY: National Highway Traffic
                                                                                                              Paperwork Reduction Act of 1995,                        Safety Administration (NHTSA), DOT.
                                                                                                              Public Law 104–13.                                      ACTION: Denial of petition for
                                                      FEDERAL COMMUNICATIONS
                                                      COMMISSION                                                                                                      rulemaking.
                                                                                                                 In addition, therefore, it does not
                                                                                                              contain any proposed information                        SUMMARY:    This document denies a
                                                      47 CFR Part 73                                          collection burden ‘‘for small business                  rulemaking petition submitted by Mr.
                                                      [DA 16–303; MB Docket No. 16–74; RM–                    concerns with fewer than 25                             James E. Hofferberth on April 1, 2013.
                                                      11763]                                                  employees,’’ pursuant to the Small                      His petition includes two requests: (1)
                                                                                                              Business Paperwork Relief Act of 2002,                  To regulate the performance of
                                                      Radio Broadcasting Services;                            Public Law 107–198, see 44 U.S.C.                       supplementary automotive restraint
                                                      Raymond, Washington                                     3506(c)(4).                                             systems that are marketed specifically
                                                      AGENCY:  Federal Communications                            Provisions of the Regulatory                         for pregnant women; and (2) to require
                                                      Commission.                                             Flexibility Act of l980 do not apply to                 prominent warning labels in all vehicles
                                                                                                              this proceeding.                                        with the intent of informing pregnant
                                                      ACTION: Proposed rule.
                                                                                                                                                                      women that ‘‘seat belts could injure or
                                                                                                                 Members of the public should note
                                                      SUMMARY:   This document proposes to                                                                            kill their unborn child,’’ specifically by
                                                                                                              that from the time a Notice of Proposed
                                                      amend the FM Table of Allotments by                                                                             crushing the unborn baby in a frontal
                                                                                                              Rule Making is issued until the matter
                                                      allotting Channel 300A at Raymond,                                                                              crash. NHTSA is denying the petition to
                                                                                                              is no longer subject to Commission
                                                      Washington, as the community’s second                                                                           regulate the performance of these
                                                                                                              consideration or court review, all ex
                                                      or third local service. After the filing of                                                                     systems because the agency does not
                                                                                                              parte contacts are prohibited in
                                                      the petition, a change of community                                                                             have sufficient information at this time
                                                                                                              Commission proceedings, such as this
                                                      application was filed for Station                                                                               to state whether there is an additional
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                                                                              one, which involve channel allotments.
                                                      KBSG(FM) from Westport, Washington,                                                                             net safety benefit/disbenefit to be
                                                                                                              See 47 CFR 1.1204(b) for rules
                                                      to Raymond, Washington. Therefore, if                                                                           derived from their use or whether one
                                                                                                              governing permissible ex parte contacts.                type of device is superior to another.
                                                      the application is granted prior to the
                                                      issuance of the Report and Order in this                   For information regarding proper                     NHTSA is denying the petition for
                                                      proceeding, Channel 300A would be a                     filing procedures for comments, see 47                  labeling because this would provide
                                                      third local service at Raymond, if                      CFR 1.415 and 1.420.                                    advice that, if followed, would threaten
                                                      allotted. A staff engineering analysis                                                                          the safety of both the mother and the
                                                                                                              List of Subjects in 47 CFR Part 73
                                                      indicates that Channel 300A can be                                                                              unborn child in a crash.
                                                      allotted to Raymond consistent with the                       Radio, Radio broadcasting.                        FOR FURTHER INFORMATION CONTACT:



                                                 VerDate Sep<11>2014   17:24 Apr 05, 2016   Jkt 238001   PO 00000    Frm 00013   Fmt 4702   Sfmt 4702   E:\FR\FM\06APP1.SGM   06APP1



Document Created: 2018-02-07 13:51:38
Document Modified: 2018-02-07 13:51:38
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 May 6, 2016.
ContactIf 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 Citation81 FR 19942 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR