81_FR_44947 81 FR 44815 - Special Local Regulation; Bucksport/Lake Murray Drag Boat Fall Nationals, Atlantic Intracoastal Waterway; Bucksport, SC

81 FR 44815 - Special Local Regulation; Bucksport/Lake Murray Drag Boat Fall Nationals, Atlantic Intracoastal Waterway; Bucksport, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 132 (July 11, 2016)

Page Range44815-44817
FR Document2016-16333

The Coast Guard proposes to establish a special local regulation on the Atlantic Intracoastal Waterway in Bucksport, South Carolina during the Bucksport/Lake Murray Drag Boat Fall Nationals, on September 10 and September 11, 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 132 (Monday, July 11, 2016)
[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Proposed Rules]
[Pages 44815-44817]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16333]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0012]
RIN 1625-AA08


Special Local Regulation; Bucksport/Lake Murray Drag Boat Fall 
Nationals, 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/Lake Murray Drag Boat Fall Nationals, on 
September 10 and September 11, 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 August 10, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0012 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

[[Page 44816]]

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

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 1 p.m. to 7 p.m. 
on September 10 and September 11, 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 Fall 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/Lake Murray Drag Boat Fall Nationals, on September 10 and 
September 11, 2016. Approximately 75 powerboats are expected 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 six 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'' comprises small businesses, not-for-
profit organizations that are independently owned and operated and are 
not dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000. The Coast Guard certifies under 5 
U.S.C. 605(b) that this proposed rule would not have a significant 
economic impact on a substantial number of small entities. We have 
considered the impact of this proposed rule on small entities. This 
rule may affect the following entities, some of which may be small 
entities: the owner or operators of vessels intending to enter, transit 
through, anchor in, or remain within the regulated area during the 
enforcement period. For the reasons discussed in Regulatory Planning 
and Review section above, this rule will not have a significant 
economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent 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.

[[Page 44817]]

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves special 
local regulation issued in conjunction with a regatta or marine parade. 
This rule is categorically excluded from further review under paragraph 
34(h) of Figure 2-1 of the Commandant Instruction. We seek any comments 
or information that may lead to the discovery of a significant 
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.T07-0012 to read as follows:


Sec.  100.T07-0012  Special Local Regulations; Bucksport/Lake Murray 
Drag Boat Spring Nationals, Atlantic Intracoastal Waterway, Bucksport, 
SC.

    (a) Regulated area. All waters of the Atlantic Intracoastal 
Waterway encompassed by a line connecting the following points: Point 1 
in position 33[deg]39'13'' N., 079[deg]05'36'' W.; thence west to point 
2 in position 33[deg]39'17'' N., 079[deg]05'46'' W.; thence south to 
point 3 in position 33[deg]38'53'' N., 079[deg]05'39'' W.; thence east 
to point 4 in position 33[deg]38'54'' N., 079[deg]05'31'' W.; thence 
north back to point 1. All coordinates are North American Datum 1983.
    (b) Definition. As used in this section, ``designated 
representative'' means Coast Guard Patrol Commanders, including Coast 
Guard coxswains, petty officers, and other officers operating Coast 
Guard vessels, and Federal, state, and local officers designated by or 
assisting the Captain of the Port Charleston in the enforcement of the 
regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area, except persons and vessels participating in Bucksport/
Lake Murray Drag Boat Fall Nationals or serving as safety vessels. 
Persons and vessels desiring to enter, transit through, anchor in, or 
remain within the regulated area may contact the Captain of the Port 
Charleston by telephone at (843) 740-7050, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port Charleston or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a designated representative.
    (2) The Coast Guard will provide notice of the regulated area by 
Marine Safety Information Bulletins, Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement Date. This rule will be enforced daily from 1 p.m. 
to 7 p.m. on September 10, and September 11, 2016.

    Dated: June 27, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-16333 Filed 7-8-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                         Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Proposed Rules                                                 44815

                                               service information identified in paragraph              (n) Other FAA AD Provisions                             Issued in Renton, Washington, on July 1,
                                               (j)(2)(i), (j)(2)(ii), or (j)(2)(iii) of this AD: Do        The following provisions also apply to this        2016.
                                               the actions required by paragraph (g)(1) of              AD:                                                   Phillip Forde,
                                               this AD within the initial compliance time                  (1) Alternative Methods of Compliance              Acting Manager, Transport Airplane
                                               specified by paragraphs (h)(1), (h)(2), and              (AMOCs): The Manager, International                   Directorate, Aircraft Certification Service.
                                               (h)(3) of this AD, as applicable.                        Branch, ANM–116, Transport Airplane                   [FR Doc. 2016–16210 Filed 7–8–16; 8:45 am]
                                                  (2) For airplanes previously inspected                Directorate, FAA, has the authority to
                                                                                                                                                              BILLING CODE 4910–13–P
                                               before the effective date of this AD using the           approve AMOCs for this AD, if requested
                                               service information identified in paragraph              using the procedures found in 14 CFR 39.19.
                                               (j)(2)(i), (j)(2)(ii), or (j)(2)(iii) of this AD: Do     In accordance with 14 CFR 39.19, send your
                                               the actions required by paragraph (g)(1) of              request to your principal inspector or local          DEPARTMENT OF HOMELAND
                                               this AD within the applicable compliance                 Flight Standards District Office, as                  SECURITY
                                               times specified in paragraphs (i)(1), (i)(2),            appropriate. If sending information directly
                                               and (i)(3) of this AD.                                   to the International Branch, send it to ATTN:         Coast Guard
                                                  (i) Airbus Service Bulletin A310–57–2096,             Dan Rodina, Aerospace Engineer,
                                               dated May 6, 2008.                                       International Branch, ANM–116, Transport
                                                                                                                                                              33 CFR Part 100
                                                  (ii) Airbus Service Bulletin A310–57–2096,            Airplane Directorate, FAA, 1601 Lind
                                               Revision 01, dated August 5, 2010.                       Avenue SW., Renton, WA 98057–3356;                    [Docket Number USCG–2016–0012]
                                                                                                        telephone 425–227–2125; fax 425–227–1149.
                                                  (iii) Airbus Service Bulletin A310–57–                                                                      RIN 1625–AA08
                                                                                                        Information may be emailed to: 9-ANM-116-
                                               2096, Revision 02, dated March 5, 2014.
                                                                                                        AMOC-REQUESTS@faa.gov. Before using
                                               (k) Repair of Cracking                                   any approved AMOC, notify your appropriate            Special Local Regulation; Bucksport/
                                                                                                        principal inspector, or lacking a principal           Lake Murray Drag Boat Fall Nationals,
                                                 If any cracking is found during any
                                                                                                        inspector, the manager of the local flight            Atlantic Intracoastal Waterway;
                                               inspection required by paragraph (g), (h), (i),
                                                                                                        standards district office/certificate holding         Bucksport, SC
                                               or (j) of this AD, before further flight, repair         district office. The AMOC approval letter
                                               the cracking using a method approved by the              must specifically reference this AD.                  AGENCY:   Coast Guard, DHS.
                                               Manager, International Branch, ANM–116,                     (2) Contacting the Manufacturer: As of the         ACTION:   Notice of proposed rulemaking.
                                               Transport Airplane Directorate, FAA; or the              effective date of this AD, for any requirement
                                               European Aviation Safety Agency (EASA); or               in this AD to obtain corrective actions from          SUMMARY:   The Coast Guard proposes to
                                               Airbus’s EASA Design Organization                        a manufacturer, the action must be                    establish a special local regulation on
                                               Approval (DOA). Accomplishing the repair                 accomplished using a method approved by               the Atlantic Intracoastal Waterway in
                                               specified in this paragraph terminates the               the Manager, International Branch, ANM–
                                               repetitive inspections required by paragraph             116, Transport Airplane Directorate, FAA; or
                                                                                                                                                              Bucksport, South Carolina during the
                                               (h), (i), or (j) of this AD, as applicable, for the      the EASA; or Airbus’s EASA DOA. If                    Bucksport/Lake Murray Drag Boat Fall
                                               repaired area only.                                      approved by the DOA, the approval must                Nationals, on September 10 and
                                                                                                        include the DOA-authorized signature.                 September 11, 2016. This special local
                                               (l) Definition of Average Flight Time (AFT)                 (3) Required for Compliance (RC): Except           regulation is necessary to ensure the
                                                  For the purposes of this AD, the AFT                  as required by paragraph (k) of this AD, if any       safety of participants, spectators, and
                                               should be established as specified in                    service information contains procedures or            the general public during the event.
                                               paragraphs (l)(1), (l)(2), and (l)(3) of this AD         tests that are identified as RC, those                This proposed rulemaking would
                                               for the determination of the compliance                  procedures and tests must be done to comply
                                                                                                                                                              prohibit persons and vessels from being
                                               times.                                                   with this AD; any procedures or tests that are
                                                                                                        not identified as RC are recommended. Those           in the regulated area unless authorized
                                                  (1) The inspection threshold is defined as
                                                                                                        procedures and tests that are not identified          by the Captain of the Port Charleston or
                                               the total flight hours accumulated (counted
                                               from take-off to touch-down), divided by the             as RC may be deviated from using accepted             a designated representative. We invite
                                               total number of flight cycles accumulated at             methods in accordance with the operator’s             your comments on this proposed
                                               the effective date of this AD.                           maintenance or inspection program without             rulemaking.
                                                  (2) The initial inspection interval is                obtaining approval of an AMOC, provided
                                                                                                        the procedures and tests identified as RC can         DATES:  Comments and related material
                                               defined as the total flight hours accumulated                                                                  must be received by the Coast Guard on
                                                                                                        be done and the airplane can be put back in
                                               divided by the total number of flight cycles                                                                   or before August 10, 2016.
                                                                                                        an airworthy condition. Any substitutions or
                                               accumulated at the time of the initial
                                                                                                        changes to procedures or tests identified as          ADDRESSES: You may submit comments
                                               inspection threshold.
                                                                                                        RC require approval of an AMOC.                       identified by docket number USCG–
                                                  (3) The second inspection interval is
                                               defined as the total flight hours accumulated            (o) Related Information                               2016–0012 using the Federal
                                               divided by the total number of flight cycles                (1) Refer to Mandatory Continuing                  eRulemaking Portal at http://
                                               accumulated between the initial and second               Airworthiness Information (MCAI) EASA                 www.regulations.gov. See the ‘‘Public
                                               inspection threshold.                                    Airworthiness Directive 2016–0005, dated              Participation and Request for
                                               (m) Credit for Previous Actions                          January 7, 2016, for related information. This        Comments’’ portion of the
                                                                                                        MCAI may be found in the AD docket on the             SUPPLEMENTARY INFORMATION section for
                                                 This paragraph provides credit for the                 Internet at http://www.regulations.gov by             further instructions on submitting
                                               actions required by paragraph (g)(1) of this             searching for and locating Docket No. FAA–            comments.
                                               AD, if those actions were performed before               2015–3985.
                                               the effective date of this AD using the                     (2) For service information identified in          FOR FURTHER INFORMATION CONTACT:   If
                                               applicable service information identified in             this AD, contact Airbus SAS, Airworthiness            you have questions about this proposed
                                               paragraph (m)(1), (m)(2), or (m)(3) of this AD.          Office—EAW, 1 Rond Point Maurice                      rulemaking, call or email Lieutenant
                                                 (1) Airbus Service Bulletin A310–57–2096,              Bellonte, 31707 Blagnac Cedex, France;                John Downing, Sector Charleston Office
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               dated May 6, 2008, which was incorporated                telephone +33 5 61 93 36 96; fax +33 5 61             of Waterways Management, Coast
                                               by reference in AD 2010–04–03.                           93 44 51; email account.airworth-eas@                 Guard; telephone (843) 740–3184, email
                                                 (2) Airbus Service Bulletin A310–57–2096,              airbus.com; Internet http://www.airbus.com.
                                               Revision 01, dated August 5, 2010, which is
                                                                                                                                                              John.Z.Downing@uscg.mil.
                                                                                                        You may view this service information at the
                                               not incorporated by reference in this AD.                FAA, Transport Airplane Directorate, 1601             SUPPLEMENTARY INFORMATION:
                                                 (3) Airbus Service Bulletin A310–57–2096,              Lind Avenue SW., Renton, WA. For                      I. Table of Abbreviations
                                               Revision 02, dated March 5, 2014, which is               information on the availability of this
                                               not incorporated by reference in this AD.                material at the FAA, call 425–227–1221.               CFR     Code of Federal Regulations



                                          VerDate Sep<11>2014   14:20 Jul 08, 2016   Jkt 238001   PO 00000   Frm 00015   Fmt 4702   Sfmt 4702   E:\FR\FM\11JYP1.SGM   11JYP1


                                               44816                     Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Proposed Rules

                                               DHS Department of Homeland Security                      regulation is necessary, to select                    period. For the reasons discussed in
                                               FR Federal Register                                      regulatory approaches that maximize                   Regulatory Planning and Review section
                                               NPRM Notice of proposed rulemaking                       net benefits. E.O. 13563 emphasizes the               above, this rule will not have a
                                               Pub. L. Public Law
                                                                                                        importance of quantifying both costs                  significant economic impact on a
                                               § Section
                                               U.S.C. United States Code                                and benefits, of reducing costs, of                   substantial number of small entities.
                                                                                                        harmonizing rules, and of promoting                      If you think that your business,
                                               II. Background, Purpose, and Legal                       flexibility. This NPRM has not been                   organization, or governmental
                                               Basis                                                    designated a ‘‘significant regulatory                 jurisdiction qualifies as a small entity
                                                  On December 27, 2015, the Bucksport                   action,’’ under E.O. 12866. Accordingly,              and that this rule would have a
                                               Marina notified the Coast Guard that it                  the NPRM has not been reviewed by the                 significant economic impact on it,
                                               will sponsor a series of drag boat races                 Office of Management and Budget.                      please submit a comment (see
                                               from 1 p.m. to 7 p.m. on September 10                       This proposed rule is not a significant            ADDRESSES) explaining why you think it
                                               and September 11, 2016. The legal basis                  regulatory action under section 3(f) of               qualifies and how and to what degree
                                               for the proposed rule is the Coast                       E.O. 12866, Regulatory Planning and                   this rule would economically affect it.
                                               Guard’s Authority to establish special                   Review, as supplemented by E.O. 13563,                   Under section 213(a) of the Small
                                               local regulations: 33 U.S.C. 1233. The                   Improving Regulation and Regulatory                   Business Regulatory Enforcement
                                               purpose of the proposed rule is to                       Review, and does not require an                       Fairness Act of 1996 (Pub. L. 104–121),
                                               ensure safety of life on the navigable                   assessment of potential costs and                     we want to assist small entities in
                                               water of the United States during the                    benefits under section 6(a)(3) of E.O.                understanding this proposed rule. If the
                                               Bucksport/Lake Murray Drag Boat Fall                     12866 or under section 1 of E.O. 13563.               rule would affect your small business,
                                               Nationals, a series of high speed boat                   The Office of Management and Budget                   organization, or governmental
                                               races.                                                   has not reviewed it under those Orders.               jurisdiction and you have questions
                                                                                                           The economic impact of this proposed
                                               III. Discussion of Proposed Rule                                                                               concerning its provisions or options for
                                                                                                        rule is not significant for the following
                                                                                                                                                              compliance, please contact the person
                                                  The Coast Guard proposes to establish                 reasons: (1) The special local regulation
                                                                                                        would be enforced for only six hours a                listed in the FOR FURTHER INFORMATION
                                               a special local regulation on the Atlantic                                                                     CONTACT section. The Coast Guard will
                                               Intracoastal Waterway in Bucksport,                      day over a two-day period; (2) although
                                                                                                        persons and vessels would not be able                 not retaliate against small entities that
                                               South Carolina during the Bucksport/                                                                           question or complain about this
                                               Lake Murray Drag Boat Fall Nationals,                    to enter, transit through, anchor in, or
                                                                                                        remain within the regulated area                      proposed rule or any policy or action of
                                               on September 10 and September 11,                                                                              the Coast Guard.
                                               2016. Approximately 75 powerboats are                    without authorization from the Captain
                                               expected to participate in the races and                 of the Port Charleston or a designated                C. Collection of Information
                                               approximately 35 spectator vessels are                   representative, they would be able to
                                                                                                        operate in the surrounding area during                  This proposed rule would not call for
                                               expected to attend the event. Persons
                                                                                                        the enforcement periods; (3) persons                  a new collection of information under
                                               and vessels desiring to enter, transit
                                                                                                        and vessels would still be able to enter,             the Paperwork Reduction Act of 1995
                                               through, anchor in, or remain within the
                                                                                                        transit through, anchor in, or remain                 (44 U.S.C. 3501–3520).
                                               regulated area may contact the Captain
                                               of the Port Charleston by telephone at                   within the regulated area if authorized               D. Federalism and Indian Tribal
                                               (843) 740–7050, or a designated                          by the Captain of the Port Charleston or              Governments
                                               representative via VHF radio on channel                  a designated representative; and (4) the
                                                                                                        Coast Guard would provide advance                        A rule has implications for federalism
                                               16, to request authorization. If
                                                                                                        notification of the regulated area to the             under E.O. 13132, Federalism, if it has
                                               authorization to enter, transit through,
                                                                                                        local maritime community by Local                     a substantial direct effect on the States,
                                               anchor in, or remain within the
                                                                                                        Notice to Mariners and Broadcast Notice               on the relationship between the national
                                               regulated area is granted by the Captain
                                                                                                        to Mariners.                                          government and the States, or on the
                                               of the Port Charleston or a designated
                                                                                                                                                              distribution of power and
                                               representative, all persons and vessels                  B. Impact on Small Entities                           responsibilities among the various
                                               receiving such authorization must
                                                                                                           The Regulatory Flexibility Act of                  levels of government. We have analyzed
                                               comply with the instructions of the
                                                                                                        1980, 5 U.S.C. 601–612, as amended                    this proposed rule under that Order and
                                               Captain of the Port Charleston or a
                                                                                                        requires Federal agencies to consider                 have determined that it is consistent
                                               designated representative. The Coast
                                                                                                        the potential impact of regulations on                with the fundamental federalism
                                               Guard will provide notice of the special
                                                                                                        ‘‘small entities’’ comprises small                    principles and preemption requirements
                                               local regulation by Local Notice to
                                                                                                        businesses, not-for-profit organizations              described in E.O. 13132.
                                               Mariners, Broadcast Notice to Mariners,
                                               and on-scene designated                                  that are independently owned and                         Also, this proposed rule does not have
                                               representatives.                                         operated and are not dominant in their                tribal implications under E.O. 13175,
                                                                                                        fields, and governmental jurisdictions                Consultation and Coordination with
                                               IV. Regulatory Analyses                                  with populations of less than 50,000.                 Indian Tribal Governments, because it
                                                 We developed this proposed rule after                  The Coast Guard certifies under 5 U.S.C.              would not have a substantial direct
                                               considering numerous statutes and                        605(b) that this proposed rule would not              effect on one or more Indian tribes, on
                                               Executive Orders related to rulemaking.                  have a significant economic impact on                 the relationship between the Federal
                                               Below we summarize our analyses                          a substantial number of small entities.               Government and Indian tribes, or on the
                                                                                                        We have considered the impact of this                 distribution of power and
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               based on a number of these statutes and
                                               Executive Orders and we discuss the                      proposed rule on small entities. This                 responsibilities between the Federal
                                               First Amendment rights of protestors.                    rule may affect the following entities,               Government and Indian tribes. If you
                                                                                                        some of which may be small entities:                  believe this proposed rule has
                                               A. Regulatory Planning and Review                        the owner or operators of vessels                     implications for federalism or Indian
                                                 E.O.s 12866 and 13563 direct agencies                  intending to enter, transit through,                  tribes, please contact the person listed
                                               to assess the costs and benefits of                      anchor in, or remain within the                       in the FOR FURTHER INFORMATION
                                               available regulatory alternatives and, if                regulated area during the enforcement                 CONTACT section above.



                                          VerDate Sep<11>2014   14:20 Jul 08, 2016   Jkt 238001   PO 00000   Frm 00016   Fmt 4702   Sfmt 4702   E:\FR\FM\11JYP1.SGM   11JYP1


                                                                         Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Proposed Rules                                                  44817

                                               E. Unfunded Mandates Reform Act                          cannot be submitted using http://                      Charleston in the enforcement of the
                                                  The Unfunded Mandates Reform Act                      www.regulations.gov, contact the person                regulated areas.
                                               of 1995 (2 U.S.C. 1531–1538) requires                    in the FOR FURTHER INFORMATION                            (c) Regulations. (1) All persons and
                                               Federal agencies to assess the effects of                CONTACT section of this document for                   vessels are prohibited from entering,
                                               their discretionary regulatory actions. In               alternate instructions.                                transiting through, anchoring in, or
                                               particular, the Act addresses actions                       We accept anonymous comments. All                   remaining within the regulated area,
                                               that may result in the expenditure by a                  comments received will be posted                       except persons and vessels participating
                                               State, local, or tribal government, in the               without change to http://                              in Bucksport/Lake Murray Drag Boat
                                               aggregate, or by the private sector of                   www.regulations.gov and will include                   Fall Nationals or serving as safety
                                               $100,000,000 (adjusted for inflation) or                 any personal information you have                      vessels. Persons and vessels desiring to
                                               more in any one year. Though this                        provided. For more about privacy and                   enter, transit through, anchor in, or
                                               proposed rule would not result in such                   the docket, you may review a Privacy                   remain within the regulated area may
                                               an expenditure, we do discuss the                        Act notice regarding the Federal Docket                contact the Captain of the Port
                                               effects of this rule elsewhere in this                   Management System in the March 24,                     Charleston by telephone at (843) 740–
                                               preamble.                                                2005, issue of the Federal Register (70                7050, or a designated representative via
                                                                                                        FR 15086).                                             VHF radio on channel 16, to request
                                               F. Environment                                              Documents mentioned in this NPRM                    authorization. If authorization to enter,
                                                 We have analyzed this proposed rule                    as being available in the docket, and all              transit through, anchor in, or remain
                                               under Department of Homeland                             public comments, will be in our online                 within the regulated area is granted by
                                               Security Management Directive 023–01                     docket at http://www.regulations.gov                   the Captain of the Port Charleston or a
                                               and Commandant Instruction                               and can be viewed by following that                    designated representative, all persons
                                               M16475.lD, which guide the Coast                         Web site’s instructions. Additionally, if              and vessels receiving such authorization
                                               Guard in complying with the National                     you go to the online docket and sign up                must comply with the instructions of
                                               Environmental Policy Act of 1969 (42                     for email alerts, you will be notified                 the Captain of the Port Charleston or a
                                               U.S.C. 4321–4370f), and have made a                      when comments are posted or a final                    designated representative.
                                               preliminary determination that this                      rule is published.                                        (2) The Coast Guard will provide
                                               action is one of a category of actions that                                                                     notice of the regulated area by Marine
                                               do not individually or cumulatively                      List of Subjects in 33 CFR Part 100                    Safety Information Bulletins, Local
                                               have a significant effect on the human                     Marine safety, Navigation (water),                   Notice to Mariners, Broadcast Notice to
                                               environment. This proposed rule                          Reporting and recordkeeping                            Mariners, and on-scene designated
                                               involves special local regulation issued                 requirements, Waterways.                               representatives.
                                               in conjunction with a regatta or marine                    For the reasons discussed in the                        (d) Enforcement Date. This rule will
                                               parade. This rule is categorically                       preamble, the Coast Guard proposes to                  be enforced daily from 1 p.m. to 7 p.m.
                                               excluded from further review under                       amend 33 CFR part 100 as follows:                      on September 10, and September 11,
                                               paragraph 34(h) of Figure 2–1 of the                                                                            2016.
                                               Commandant Instruction. We seek any                      PART 100—SAFETY OF LIFE ON                               Dated: June 27, 2016.
                                               comments or information that may lead                    NAVIGABLE WATERS                                       G.L. Tomasulo,
                                               to the discovery of a significant
                                                                                                                                                               Captain, U.S. Coast Guard, Captain of the
                                               environmental impact from this rule.                     ■ 1. The authority citation for part 100               Port Charleston.
                                               G. Protest Activities                                    continues to read as follows:
                                                                                                                                                               [FR Doc. 2016–16333 Filed 7–8–16; 8:45 am]
                                                 The Coast Guard respects the First                          Authority: 33 U.S.C. 1233.                        BILLING CODE 9110–04–P
                                               Amendment rights of protesters.                          ■ 2. Add a temporary § 100.T07–0012 to
                                               Protesters are asked to contact the                      read as follows:
                                               person listed in the FOR FURTHER                                                                                DEPARTMENT OF HOMELAND
                                               INFORMATION CONTACT section to                           § 100.T07–0012 Special Local Regulations;              SECURITY
                                               coordinate protest activities so that your               Bucksport/Lake Murray Drag Boat Spring
                                               message can be received without
                                                                                                        Nationals, Atlantic Intracoastal Waterway,             Coast Guard
                                                                                                        Bucksport, SC.
                                               jeopardizing the safety or security of
                                               people, places, or vessels.                                 (a) Regulated area. All waters of the               33 CFR Part 164
                                                                                                        Atlantic Intracoastal Waterway                         [Docket No. USCG–2015–0926]
                                               V. Public Participation and Request for                  encompassed by a line connecting the
                                               Comments                                                 following points: Point 1 in position                  RIN 1625–AC27
                                                 We view public participation as                        33°39′13″ N., 079°05′36″ W.; thence
                                                                                                        west to point 2 in position 33°39′17″ N.,              Tankers—Automatic Pilot Systems in
                                               essential to effective rulemaking, and
                                                                                                        079°05′46″ W.; thence south to point 3                 Waters
                                               will consider all comments and material
                                               received during the comment period.                      in position 33°38′53″ N., 079°05′39″ W.;               AGENCY:   Coast Guard, DHS.
                                               Your comment can help shape the                          thence east to point 4 in position                     ACTION:   Notice of proposed rulemaking.
                                               outcome of this rulemaking. If you                       33°38′54″ N., 079°05′31″ W.; thence
                                               submit a comment, please include the                     north back to point 1. All coordinates                 SUMMARY:   The Coast Guard proposes to
                                               docket number for this rulemaking,                       are North American Datum 1983.                         permit tankers with automatic pilot
                                                                                                           (b) Definition. As used in this section,            systems that meet certain international
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               indicate the specific section of this
                                               document to which each comment                           ‘‘designated representative’’ means                    standards to operate using those systems
                                               applies, and provide a reason for each                   Coast Guard Patrol Commanders,                         in waters subject to the shipping safety
                                               suggestion or recommendation.                            including Coast Guard coxswains, petty                 fairway or traffic separation scheme
                                                 We encourage you to submit                             officers, and other officers operating                 controls specified in our regulations.
                                               comments through the Federal                             Coast Guard vessels, and Federal, state,               The proposed amendments would
                                               eRulemaking Portal at http://                            and local officers designated by or                    remove an unnecessary regulatory
                                               www.regulations.gov. If your material                    assisting the Captain of the Port                      restriction, update the technical


                                          VerDate Sep<11>2014   14:20 Jul 08, 2016   Jkt 238001   PO 00000    Frm 00017   Fmt 4702   Sfmt 4702   E:\FR\FM\11JYP1.SGM   11JYP1



Document Created: 2016-07-09 00:21:17
Document Modified: 2016-07-09 00:21:17
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 August 10, 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 44815 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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