81 FR 30221 - Special Local Regulation; Beaufort Water Festival, Beaufort, SC
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 94 (May 16, 2016)
Coast Guard
Federal Register Volume 81, Issue 94 (May 16, 2016)
| Page Range | 30221-30224 | |
| FR Document | 2016-11471 |
[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)] [Proposed Rules] [Pages 30221-30224] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11471] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2016-0185] RIN 1625-AA08 Special Local Regulation; Beaufort Water Festival, Beaufort, SC AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish a special local regulation on the waters of the Beaufort River, Beaufort, South Carolina, during the [[Page 30222]] Beaufort Water Festival on July 23, 2016. This action is necessary to ensure safety of life on navigable waters of the United States during the Beaufort Water Festival Air Show. 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. DATES: Comments and related material must be received by the Coast Guard on or before June 15, 2016. ADDRESSES: You may submit comments identified by docket number USCG- 2016-0185 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 COTP Captain of the Port II. Background, Purpose, and Legal Basis On March 3, 2016, the Coast Guard received a marine event application for the 2016 Beaufort Water Festival Air Show that will take place from noon to 5 p.m. on July 23, 2016. The purpose of the proposed rule is to ensure safety of life on the navigable waters of the United States during the Beaufort Water Festival Air Show. The legal basis for the proposed rule is the Coast Guard's Authority to establish special local regulations: 33 U.S.C. 1233. III. Discussion of Proposed Rule The COTP proposes to establish a special local regulation on the waters of the Beaufort River, Beaufort, South Carolina during the Beaufort Water Festival Air Show. The event is scheduled to take place on July 23, 2016 from noon to 5 p.m. Approximately 100 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. 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 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) The special local regulations would be enforced for only five hours (2) although persons and vessels would not be able to enter, transit through, anchor, 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'' 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). [[Page 30223]] 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 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. 100.35T07-0185 to read as follows: Sec. 100.35T07-0185 Special Local Regulations; Beaufort Water Festival, Beaufort, SC. (a) Regulated Area. This rule establishes a special local regulation on certain waters of the Beaufort River, Beaufort, South Carolina. The special local regulation would create a regulated area that will encompass a portion of the waterway that is 700 ft wide by 2600 ft in length on waters of the Beaufort River encompassed within the following points: 32[deg]25'47'' N./080[deg]40'44'' W., 32[deg]25'41'' N./080[deg]40'14'' W., 32[deg]25'35'' N./080[deg]40'16'' W., 32[deg]25'40'' N./080[deg]40'46'' W., All coordinates are North American Datum 1983. (b) Definition. The term ``designated representative'' means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Charleston in the enforcement of the regulated areas. (c) Regulations. (1) All persons and vessels, except those participating in the Beaufort Water Festival Airshow, or serving as safety vessels, are prohibited from entering, transiting through, anchoring, 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) Enforcement Period. This rule will be enforced July 23, 2016 from noon until 5 p.m. [[Page 30224]] Dated: May 6, 2016. G.L. Tomasulo, Captain, U.S. Coast Guard, Captain of the Port Charleston. [FR Doc. 2016-11471 Filed 5-13-16; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Proposed Rules 30221
proposed collection of information information collection provisions that when appropriate, and other forms of
before submitting the collection to OMB are subject to review by the Office of information technology.
for approval. To comply with this Management and Budget (OMB) under Title: Qualified Facility Attestation
requirement, we also are publishing this the PRA (44 U.S.C. 3501–3520). A Using Form FDA 3942a (for Human
notice of the proposed collection of description of these provisions is given Food) or Form FDA 3942b (for Animal
information set forth in this document below with an estimate of the associated Food).
and seeking public comment. annual reporting burden. Included in Description: This draft guidance
the estimate is the time for reviewing describes FDA procedures regarding the
II. Significance of Guidance
instructions, searching existing data submission of attestations as established
This level 1 draft guidance is being sources, gathering and maintaining the under both the Preventive Controls for
issued consistent with FDA’s good data needed, and completing and Human Food Rule and Preventive
guidance practices regulation (21 CFR reviewing each collection of Controls for Animal Food Rule.
10.115). The draft guidance, when information. Proposed forms FDA 3942a and FDA
finalized, will represent the current We invite comments on: (1) Whether 3942b have been developed for use by
thinking of FDA on Qualified Facility the proposed collection of information a business in reporting its status as a
Attestation Using Form FDA 3942a (for is necessary for the proper performance ‘‘qualified facility’’ under the applicable
Human Food) or Form FDA 3942b (for of FDA’s functions, including whether regulations.
Animal Food). It does not establish any the information will have practical Description of Respondents:
rights for any person and is not binding utility; (2) the accuracy of FDA’s Respondents to the collection of
on FDA or the public. You can use an estimate of the burden of the proposed information are owners, operators or
alternative approach if it satisfies the collection of information, including the agents in charge of domestic or foreign
requirements of the applicable statutes validity of the methodology and facilities that manufacture, process,
and regulations. assumptions used; (3) ways to enhance pack, or hold food for human or animal
the quality, utility, and clarity of the consumption in the United States
III. Paperwork Reduction Act of 1995
information to be collected; and (4) asserting that a facility is a ‘‘qualified
The draft guidance entitled ‘‘Qualified ways to minimize the burden of the facility’’ under applicable FDA
Facility Attestation Using Form FDA collection of information on regulations.
3942a (for Human Food) or Form FDA respondents, including through the use We estimate the burden for this
3942b (for Animal Food)’’ contains of automated collection techniques, collection of information as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Number of
Number of Total annual Average burden per
Guidance section FDA form responses per Total hours
respondents responses response
respondent
Section II; Human Food ............... 3942a 37,134 0.5 18,567 0.5 (30 minutes) ........ 9,284
Section III; Animal Food .............. 3942b 1,120 0.5 560 0.5 (30 minutes) ........ 280
Total ...................................... ........................ ........................ ........................ ........................ .................................... 9,564
1 There are no capital costs or operating and maintenance costs associated with this collection of information.
Consistent with the estimates found This draft guidance also refers to Dated: May 10, 2016.
in our Preventive Controls for Human previously approved collections of Leslie Kux,
Food Rule, we calculate that information found in FDA regulations. Associate Commissioner for Policy.
approximately 37,134 human food The collections of information in part [FR Doc. 2016–11439 Filed 5–13–16; 8:45 am]
facilities will spend approximately 30 117 have been approved under OMB BILLING CODE 4164–01–P
minutes (0.5 hour) reporting their status control number 0910–0751. The
as such to FDA every 2 years. Thus, collections of information in part 507
dividing this figure by 2 to determine have been approved under OMB control DEPARTMENT OF HOMELAND
the annual burden, we estimate there number 0910–0789. SECURITY
will be a total of 18,567 responses and
IV. Electronic Access Coast Guard
a total of 9,284 burden hours associated
with this collection element. Persons with access to the Internet
33 CFR Part 100
Similarly, and consistent with the may obtain the draft guidance,
estimates found in our Preventive including its appendices containing [Docket Number USCG–2016–0185]
Controls for Animal Food Rule, we instructions for filling out Forms FDA RIN 1625–AA08
estimate that approximately 1,120 3942a and 3942b and the proposed
animal food facilities will spend Forms FDA 3942a and 3942b, at either Special Local Regulation; Beaufort
approximately 30 minutes (0.5 hour) http://www.fda.gov/FoodGuidances or Water Festival, Beaufort, SC
Lhorne on DSK30JT082PROD with PROPOSALS
reporting their status as such to FDA http://www.regulations.gov. Use the
AGENCY: Coast Guard, DHS.
every 2 years. Thus, dividing this figure FDA Web site listed in the previous
sentence to find the most current ACTION: Notice of proposed rulemaking.
by 2 to determine an annual burden, we
estimate there will be a total of 560 version of the guidance. SUMMARY: The Coast Guard proposes to
responses and a total of 280 burden establish a special local regulation on
hours associated with this information the waters of the Beaufort River,
collection element. Beaufort, South Carolina, during the
VerDate Sep<11>2014 14:38 May 13, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\16MYP1.SGM 16MYP1](https://thefederalregister.org/doc/81_FR_30315/page/1.svg)
![30224 Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Proposed Rules
Dated: May 6, 2016. The written comment is considered the materials are available either
G.L. Tomasulo, official comment and should include electronically at www.regulations.gov or
Captain, U.S. Coast Guard, Captain of the discussion of all points you wish to in hard copy at the Air and Radiation
Port Charleston. make. The EPA will generally not Docket and Information Center, EPA/
[FR Doc. 2016–11471 Filed 5–13–16; 8:45 am] consider comments or comment DC, EPA William J. Clinton (WJC) West
BILLING CODE 9110–04–P contents made outside of the primary Building, Room 3334, 1301 Constitution
submission (i.e., on the Web, Cloud, or Ave. NW., Washington, DC. The Public
other file sharing system). For Reading Room is open from 8:30 a.m. to
ENVIRONMENTAL PROTECTION additional submission methods, the full 4:30 p.m., Monday through Friday,
AGENCY EPA public comment policy, excluding legal holidays. The telephone
information about CBI or multimedia number for the Public Reading Room is
40 CFR Part 58 submissions, and general guidance on (202) 566–1744 and the telephone
making effective comments, please visit number for the Air and Radiation
[EPA–HQ–OAR–2015–0486, FRL–9946–34– http://www2.epa.gov/dockets/
OAR]
Docket and Information Center is (202)
commenting-epa-dockets. 566–1742.
RIN 2060–AS71 Instructions: Direct your comments to
FOR FURTHER INFORMATION CONTACT: Mr.
Docket ID No. EPA–HQ–OAR–2015–
Revision to the Near-Road NO2 Nealson Watkins, Air Quality
0486. The EPA’s policy is that all
Minimum Monitoring Requirements Assessment Division, Office of Air
comments received will be included in
Quality Planning and Standards, U.S.
the public docket without change and
AGENCY: Environmental Protection Environmental Protection Agency, Mail
may be made available online at http://
Agency (EPA). code C304–06, Research Triangle Park,
www.regulations.gov, including any
ACTION: Proposed rule. NC 27711; telephone: (919) 541–5522;
personal information provided, unless
fax: (919) 541–1903; email:
SUMMARY: The Environmental Protection the comment includes information
claimed to be CBI or other information watkins.nealson@epa.gov.
Agency (EPA) is proposing to revise the
whose disclosure is restricted by statute. SUPPLEMENTARY INFORMATION:
minimum monitoring requirements for
near-road nitrogen dioxide (NO2) Do not submit information that you A. Does this action apply to me?
monitoring by removing the existing consider to be CBI or otherwise
protected through http:// This action applies to state, territorial,
requirements for near-road NO2 and local air quality management
monitoring stations in Core Based www.regulations.gov or email. The
www.regulations.gov Web site is an programs that are responsible for
Statistical Areas (CBSAs) having ambient air quality monitoring under 40
populations between 500,000 and ‘‘anonymous access’’ system, which
means the EPA will not know your CFR part 58. Categories and entities
1,000,000 persons, that are due by potentially regulated by this action
January 1, 2017. Current near-road NO2 identity or contact information unless
you provide it in the body of your include:
monitoring data indicate air quality
levels in the near-road environment are comment. If you send an email
comment directly to the EPA without Category NAICS a code
well below the National Ambient Air
Quality Standards (NAAQS) for the going through http://
State/territorial/local/tribal
oxides of nitrogen. In light of this www.regulations.gov, your email government ....................... 924110
information, and due to the relationship address will be automatically captured
a North American Industry Classification
between population, traffic, and and included as part of the comment
that is placed in the public docket and System.
expected NO2 concentrations in the
made available on the Internet. If you B. What should I consider as I prepare
near-road environment, it is anticipated
submit an electronic comment, the EPA my comments for the EPA?
that measured near-road NO2
recommends that you include your
concentrations in relatively smaller 1. Submitting CBI. Do not submit this
name and other contact information in
CBSAs (e.g., CBSAs with populations information to the EPA through http://
the body of your comment and with any
less than 1,000,000 persons) would www.regulations.gov or email. Clearly
disk or CD–ROM you submit. If the EPA
exhibit similar, and more likely, lower mark any of the information that you
cannot read your comment due to
concentrations, than what is being claim to be CBI. For CBI information in
technical difficulties and cannot contact
measured in larger urban areas. a disk or CD ROM that you mail to the
you for clarification, the EPA may not
DATES: Comments must be received on be able to consider your comment. EPA, mark the outside of the disk or CD
or before June 30, 2016. Electronic files should avoid the use of ROM as CBI and then identify
ADDRESSES: Submit your comments, special characters, any form of electronically within the disk or CD
identified by Docket ID No. EPA–HQ– encryption, and be free of any defects or ROM the specific information that is
OAR–2015–0486, at http:// viruses. For additional information claimed as CBI. In addition to one
www.regulations.gov. Follow the online about the EPA’s public docket, visit the complete version of the comment that
instructions for submitting comments. EPA Docket Center homepage at http:// includes information claimed as CBI, a
Once submitted, comments cannot be www.epa.gov/epahome/dockets.htm. copy of the comment that does not
edited or removed from Regulations.gov. Docket: All documents in the docket contain the information claimed as CBI
The EPA may publish any comment are listed in the http:// must be submitted for inclusion in the
received to its public docket. Do not www.regulations.gov index. Although public docket. Information so marked
Lhorne on DSK30JT082PROD with PROPOSALS
submit electronically any information listed in the index, some information is will not be disclosed except in
you consider to be Confidential not publicly available, e.g., CBI or other accordance with procedures set forth in
Business Information (CBI) or other information whose disclosure is 40 Code of Federal Regulations (CFR)
information whose disclosure is restricted by statute. Certain other part 2.
restricted by statute. Multimedia material, such as copyrighted material, 2. Tips for Preparing Your Comments.
submissions (audio, video, etc.) must be will be publicly available only in hard When submitting comments, remember
accompanied by a written comment. copy. Publicly available docket to:
VerDate Sep<11>2014 14:38 May 13, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\16MYP1.SGM 16MYP1](https://thefederalregister.org/doc/81_FR_30315/page/4.svg)
Document Created: 2016-05-14 01:17:00
Document Modified: 2016-05-14 01:17:00
| 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 June 15, 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 30221 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR