81_FR_59645 81 FR 59477 - Special Local Regulation; Bucksport/Lake Murray Drag Boat Fall Nationals, Atlantic Intracoastal Waterway; Bucksport, SC

81 FR 59477 - 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 168 (August 30, 2016)

Page Range59477-59479
FR Document2016-20716

The Coast Guard is establishing 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 regulation prohibits persons and vessels from being in the regulated area unless authorized by the Captain of the Port Charleston or a designated representative.

Federal Register, Volume 81 Issue 168 (Tuesday, August 30, 2016)
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59477-59479]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20716]


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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: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing 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 regulation prohibits persons and vessels from 
being in the regulated area unless authorized by the Captain of the 
Port Charleston or a designated representative.

DATES: This rule is effective from September 10, 2016 through September 
11, 2016. The rule will be enforced from 1 p.m. to 7 p.m. each day it 
is effective.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0012 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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, 2016 and September 11, 2016. In response, on July 10, 
2016, the Coast Guard published a notice of proposed rulemaking (NPRM) 
titled Bucksport/Lake Murray Drag Boat Fall Nationals, Atlantic 
Intracoastal Waterway; Bucksport, SC, 81 FR 44815. There we stated why 
we issued the NPRM, and invited comments on our proposed regulatory 
action related to this special local regulation. During the comment 
period that ended August 10, 2016, we received no comments.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable due to the date of the event. 
The Coast Guard did not receive any adverse comments during the period 
outlined in the NPRM with regard to this rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The purpose of the rule is to ensure safety of life on navigable 
waters of the United States during the Bucksport/Lake Murray Drag Boat 
Fall Nationals, a series of high speed boat races.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published July 
10, 2016. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM. This rule establishes a special local 
regulation on the Atlantic Intracoastal Waterway in Busksport, South 
Carolina during the Bucksport/Lake Murray Drag Boat Fall Nationals on 
September 10 and September 11, 2016. The special local regulation will 
be enforced daily from 1 p.m. until 7 p.m. on September 10 and 
September 11, 2016. Approximately 50 powerboats are expected to 
participate in the races and approximately 35 spectator vessels are 
expected to attend the event.
    Except for those persons and vessels participating in the drag boat 
races, persons and vessels are prohibited from entering, transiting 
through, anchoring in, or remaining within any of the race areas unless 
specifically authorized by the Captain of the Port Charleston or a 
designated representative. Persons and vessels desiring to enter, 
transit through, anchor in, or remain within any of the race areas 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,

[[Page 59478]]

anchor in, or remain within the race areas 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 regulated areas by Local 
Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.

V. Regulatory Analyses

    We developed this 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 First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget. This 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 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 will provide advance notification of the regulated area 
to the local maritime community by Local Notice to Mariners, Broadcast 
Notice to Mariners, and on-scene designated representatives.

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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    This rule may affect the following entities, some of which may be 
small entities: the owner or operators of vessels intending to enter, 
transit through, anchor in, or remain within the regulated area during 
the enforcement period. For the reasons discussed in Regulatory 
Planning and Review section above, this rule will not have a 
significant economic impact on a substantial number of small entities.
    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 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will 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 Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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 rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined 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 
rule involves a special local regulation issued in conjunction with a 
regatta or marine parade. This rule is categorically

[[Page 59479]]

excluded from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction.
    An environmental analysis checklist supporting this determination 
and a Categorical Exclusion Determination are available in the docket 
where indicated under ADDRESSES. 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.

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 amends 
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 Sec.  100.35T07-0012 to read as follows:


Sec.  100.35T07-0012  Bucksport/Lake Murray Drag Boat Fall 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 period. This rule will be enforced daily from 1 
p.m. until 7 p.m. on September 10 and September 11, 2016.

    Dated: August 23, 2016.
B.D. Falk,
Commander, U.S. Coast Guard. Acting Captain of the Port Charleston.
[FR Doc. 2016-20716 Filed 8-29-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                  Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations                                         59477

                                                   (ix) The employer’s participation in                 DEPARTMENT OF HOMELAND                                response, on July 10, 2016, the Coast
                                                the program is required by State law;                   SECURITY                                              Guard published a notice of proposed
                                                   (x) The employer has no discretionary                                                                      rulemaking (NPRM) titled Bucksport/
                                                                                                        Coast Guard                                           Lake Murray Drag Boat Fall Nationals,
                                                authority, control, or responsibility
                                                                                                                                                              Atlantic Intracoastal Waterway;
                                                under the program; and
                                                                                                        33 CFR Part 100                                       Bucksport, SC, 81 FR 44815. There we
                                                   (xi) The employer receives no direct                                                                       stated why we issued the NPRM, and
                                                                                                        [Docket Number USCG–2016–0012]
                                                or indirect consideration in the form of                                                                      invited comments on our proposed
                                                cash or otherwise, other than                           RIN 1625–AA08                                         regulatory action related to this special
                                                consideration (including tax incentives                                                                       local regulation. During the comment
                                                and credits) received directly from the                 Special Local Regulation; Bucksport/                  period that ended August 10, 2016, we
                                                State (or governmental agency or                        Lake Murray Drag Boat Fall Nationals,                 received no comments.
                                                instrumentality of the State) that does                 Atlantic Intracoastal Waterway;                          We are issuing this rule, and under 5
                                                                                                        Bucksport, SC                                         U.S.C. 553(d)(3), the Coast Guard finds
                                                not exceed an amount that reasonably
                                                approximates the employer’s (or a                       AGENCY:    Coast Guard, DHS.                          that good cause exists for making it
                                                typical employer’s) costs under the                                                                           effective less than 30 days after
                                                                                                        ACTION:   Temporary final rule.                       publication in the Federal Register.
                                                program.
                                                                                                        SUMMARY:   The Coast Guard is                         Delaying the effective date of this rule
                                                   (2) A State savings program will not                                                                       would be impracticable due to the date
                                                                                                        establishing a special local regulation on
                                                fail to satisfy the provisions of                                                                             of the event. The Coast Guard did not
                                                                                                        the Atlantic Intracoastal Waterway in
                                                paragraph (h)(1) of this section merely                                                                       receive any adverse comments during
                                                                                                        Bucksport, South Carolina during the
                                                because the program—                                    Bucksport/Lake Murray Drag Boat Fall                  the period outlined in the NPRM with
                                                   (i) Is directed toward those employers               Nationals, on September 10 and                        regard to this rule.
                                                that do not offer some other workplace                  September 11, 2016. This special local                III. Legal Authority and Need for Rule
                                                savings arrangement;                                    regulation is necessary to ensure the
                                                                                                                                                                 The Coast Guard is issuing this rule
                                                   (ii) Utilizes one or more service or                 safety of participants, spectators, and
                                                                                                                                                              under authority in 33 U.S.C. 1233. The
                                                investment providers to operate and                     the general public during the event.
                                                                                                                                                              purpose of the rule is to ensure safety
                                                administer the program, provided that                   This regulation prohibits persons and
                                                                                                                                                              of life on navigable waters of the United
                                                the State (or governmental agency or                    vessels from being in the regulated area
                                                                                                                                                              States during the Bucksport/Lake
                                                                                                        unless authorized by the Captain of the
                                                instrumentality of the State) retains full                                                                    Murray Drag Boat Fall Nationals, a
                                                                                                        Port Charleston or a designated
                                                responsibility for the operation and                                                                          series of high speed boat races.
                                                                                                        representative.
                                                administration of the program; or                                                                             IV. Discussion of Comments, Changes,
                                                                                                        DATES: This rule is effective from
                                                   (iii) Treats employees as having                                                                           and the Rule
                                                                                                        September 10, 2016 through September
                                                automatically elected payroll                                                                                   As noted above, we received no
                                                                                                        11, 2016. The rule will be enforced from
                                                deductions in an amount or percentage                   1 p.m. to 7 p.m. each day it is effective.            comments on our NPRM published July
                                                of compensation, including any                                                                                10, 2016. There are no changes in the
                                                                                                        ADDRESSES: To view documents
                                                automatic increases in such amount or                                                                         regulatory text of this rule from the
                                                                                                        mentioned in this preamble as being
                                                percentage, unless the employee                                                                               proposed rule in the NPRM. This rule
                                                                                                        available in the docket, go to http://
                                                specifically elects not to have such                    www.regulations.gov, type USCG–2016–                  establishes a special local regulation on
                                                deductions made (or specifically elects                 0012 in the ‘‘SEARCH’’ box and click                  the Atlantic Intracoastal Waterway in
                                                to have the deductions made in a                        ‘‘SEARCH.’’ Click on Open Docket                      Busksport, South Carolina during the
                                                different amount or percentage of                       Folder on the line associated with this               Bucksport/Lake Murray Drag Boat Fall
                                                compensation allowed by the program),                   rule.                                                 Nationals on September 10 and
                                                provided that the employee is given                                                                           September 11, 2016. The special local
                                                                                                        FOR FURTHER INFORMATION CONTACT: If
                                                adequate advance notice of the right to                                                                       regulation will be enforced daily from 1
                                                                                                        you have questions about this rule, call
                                                make such elections and provided,                                                                             p.m. until 7 p.m. on September 10 and
                                                                                                        or email Lieutenant John Downing,
                                                further, that a program may also satisfy                                                                      September 11, 2016. Approximately 50
                                                                                                        Sector Charleston Office of Waterways
                                                this paragraph (h) without requiring or                                                                       powerboats are expected to participate
                                                                                                        Management, Coast Guard; telephone
                                                otherwise providing for automatic                                                                             in the races and approximately 35
                                                                                                        (843) 740–3184, email John.Z.Downing@
                                                elections such as those described in this                                                                     spectator vessels are expected to attend
                                                                                                        uscg.mil.
                                                paragraph (h)(2)(iii).                                                                                        the event.
                                                                                                        SUPPLEMENTARY INFORMATION:                              Except for those persons and vessels
                                                   (3) For purposes of this section, the                                                                      participating in the drag boat races,
                                                                                                        I. Table of Abbreviations
                                                term State shall have the same meaning                                                                        persons and vessels are prohibited from
                                                as defined in section 3(10) of the Act.                 CFR Code of Federal Regulations                       entering, transiting through, anchoring
                                                                                                        DHS Department of Homeland Security
                                                  Signed at Washington, DC, this 24th day of            FR Federal Register
                                                                                                                                                              in, or remaining within any of the race
                                                August, 2016.                                           NPRM Notice of proposed rulemaking                    areas unless specifically authorized by
                                                Phyllis C. Borzi,                                       § Section                                             the Captain of the Port Charleston or a
                                                                                                        U.S.C. United States Code                             designated representative. Persons and
                                                Assistant Secretary, Employee Benefits
                                                                                                                                                              vessels desiring to enter, transit through,
                                                Security Administration, U.S. Department of             II. Background Information and
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                                                Labor.
                                                                                                                                                              anchor in, or remain within any of the
                                                                                                        Regulatory History                                    race areas may contact the Captain of
                                                [FR Doc. 2016–20639 Filed 8–25–16; 4:15 pm]
                                                                                                           On December 27, 2015, the Bucksport                the Port Charleston by telephone at
                                                BILLING CODE 4510–29–P
                                                                                                        Marina notified the Coast Guard that it               (843) 740–7050, or a designated
                                                                                                        will sponsor a series of drag boat races              representative via VHF radio on channel
                                                                                                        from 1 p.m. to 7 p.m. on September 10,                16, to request authorization. If
                                                                                                        2016 and September 11, 2016. In                       authorization to enter, transit through,


                                           VerDate Sep<11>2014   16:58 Aug 29, 2016   Jkt 238001   PO 00000   Frm 00053   Fmt 4700   Sfmt 4700   E:\FR\FM\30AUR1.SGM   30AUR1


                                                59478             Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations

                                                anchor in, or remain within the race                    a designated representative; and (4) the              C. Collection of Information
                                                areas is granted by the Captain of the                  Coast Guard will provide advance                        This rule will not call for a new
                                                Port Charleston or a designated                         notification of the regulated area to the             collection of information under the
                                                representative, all persons and vessels                 local maritime community by Local                     Paperwork Reduction Act of 1995 (44
                                                receiving such authorization must                       Notice to Mariners, Broadcast Notice to               U.S.C. 3501–3520).
                                                comply with the instructions of the                     Mariners, and on-scene designated
                                                Captain of the Port Charleston or a                     representatives.                                      D. Federalism and Indian Tribal
                                                designated representative. The Coast                                                                          Governments
                                                Guard will provide notice of the                        B. Impact on Small Entities
                                                                                                                                                                 A rule has implications for federalism
                                                regulated areas by Local Notice to                         The Regulatory Flexibility Act of                  under Executive Order 13132,
                                                Mariners, Broadcast Notice to Mariners,                 1980, 5 U.S.C. 601–612, as amended,                   Federalism, if it has a substantial direct
                                                and on-scene designated                                 requires Federal agencies to consider                 effect on the States, on the relationship
                                                representatives.                                        the potential impact of regulations on                between the national government and
                                                V. Regulatory Analyses                                  small entities during rulemaking. The                 the States, or on the distribution of
                                                                                                        term ‘‘small entities’’ comprises small               power and responsibilities among the
                                                  We developed this rule after                          businesses, not-for-profit organizations              various levels of government. We have
                                                considering numerous statutes and                       that are independently owned and                      analyzed this rule under that Order and
                                                Executive Orders related to rulemaking.                 operated and are not dominant in their                have determined that it is consistent
                                                Below we summarize our analyses                         fields, and governmental jurisdictions                with the fundamental federalism
                                                based on a number of these statutes and                 with populations of less than 50,000.                 principles and preemption requirements
                                                Executive Orders, and we discuss First                  The Coast Guard received no comments                  described in Executive Order 13132.
                                                Amendment rights of protestors.                         from the Small Business Administration                   Also, this rule does not have tribal
                                                A. Regulatory Planning and Review                       on this rulemaking. The Coast Guard                   implications under Executive Order
                                                                                                        certifies under 5 U.S.C. 605(b) that this             13175, Consultation and Coordination
                                                   Executive Orders 12866 and 13563                                                                           with Indian Tribal Governments,
                                                direct agencies to assess the costs and                 rule will not have a significant
                                                                                                        economic impact on a substantial                      because it does not have a substantial
                                                benefits of available regulatory                                                                              direct effect on one or more Indian
                                                alternatives and, if regulation is                      number of small entities.
                                                                                                           This rule may affect the following                 tribes, on the relationship between the
                                                necessary, to select regulatory                                                                               Federal Government and Indian tribes,
                                                approaches that maximize net benefits.                  entities, some of which may be small
                                                                                                        entities: the owner or operators of                   or on the distribution of power and
                                                Executive Order 13563 emphasizes the                                                                          responsibilities between the Federal
                                                importance of quantifying both costs                    vessels intending to enter, transit
                                                                                                        through, anchor in, or remain within the              Government and Indian tribes. If you
                                                and benefits, of reducing costs, of                                                                           believe this rule has implications for
                                                harmonizing rules, and of promoting                     regulated area during the enforcement
                                                                                                        period. For the reasons discussed in                  federalism or Indian tribes, please
                                                flexibility. This rule has not been                                                                           contact the person listed in the FOR
                                                designated a ‘‘significant regulatory                   Regulatory Planning and Review section
                                                                                                        above, this rule will not have a                      FURTHER INFORMATION CONTACT section.
                                                action,’’ under Executive Order 12866.
                                                Accordingly, it has not been reviewed                   significant economic impact on a                      E. Unfunded Mandates Reform Act
                                                by the Office of Management and                         substantial number of small entities.
                                                                                                                                                                The Unfunded Mandates Reform Act
                                                Budget. This rule is not a significant                     Under section 213(a) of the Small                  of 1995 (2 U.S.C. 1531–1538) requires
                                                regulatory action under section 3(f) of                 Business Regulatory Enforcement                       Federal agencies to assess the effects of
                                                Executive Order 12866, Regulatory                       Fairness Act of 1996 (Pub. L. 104–121),               their discretionary regulatory actions. In
                                                Planning and Review, as supplemented                    we want to assist small entities in                   particular, the Act addresses actions
                                                by Executive Order 13563, Improving                     understanding this rule. If the rule                  that may result in the expenditure by a
                                                Regulation and Regulatory Review, and                   would affect your small business,                     State, local, or tribal government, in the
                                                does not require an assessment of                       organization, or governmental                         aggregate, or by the private sector of
                                                potential costs and benefits under                      jurisdiction and you have questions                   $100,000,000 (adjusted for inflation) or
                                                section 6(a)(3) of Executive Order 12866                concerning its provisions or options for              more in any one year. Though this rule
                                                or under section 1 of Executive Order                   compliance, please contact the person                 will not result in such an expenditure,
                                                13563. The Office of Management and                     listed in the FOR FURTHER INFORMATION                 we do discuss the effects of this rule
                                                Budget has not reviewed it under those                  CONTACT section.                                      elsewhere in this preamble.
                                                Orders.                                                    Small businesses may send comments
                                                   The economic impact of this rule is                  on the actions of Federal employees                   F. Environment
                                                not significant for the following reasons:              who enforce, or otherwise determine                     We have analyzed this rule under
                                                (1) The special local regulation would                  compliance with, Federal regulations to               Department of Homeland Security
                                                be enforced for only six hours a day                    the Small Business and Agriculture                    Management Directive 023–01 and
                                                over a two-day period; (2) although                     Regulatory Enforcement Ombudsman                      Commandant Instruction M16475.lD,
                                                persons and vessels would not be able                   and the Regional Small Business                       which guide the Coast Guard in
                                                to enter, transit through, anchor in, or                Regulatory Fairness Boards. The                       complying with the National
                                                remain within the regulated area                        Ombudsman evaluates these actions                     Environmental Policy Act of 1969 (42
                                                without authorization from the Captain                  annually and rates each agency’s                      U.S.C. 4321–4370f), and have
                                                of the Port Charleston or a designated                  responsiveness to small business. If you              determined that this action is one of a
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                                                representative, they would be able to                   wish to comment on actions by                         category of actions that do not
                                                operate in the surrounding area during                  employees of the Coast Guard, call 1–                 individually or cumulatively have a
                                                the enforcement periods; (3) persons                    888–REG–FAIR (1–888–734–3247). The                    significant effect on the human
                                                and vessels would still be able to enter,               Coast Guard will not retaliate against                environment. This rule involves a
                                                transit through, anchor in, or remain                   small entities that question or complain              special local regulation issued in
                                                within the regulated area if authorized                 about this rule or any policy or action               conjunction with a regatta or marine
                                                by the Captain of the Port Charleston or                of the Coast Guard.                                   parade. This rule is categorically


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                                                                  Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations                                              59479

                                                excluded from further review under                      except persons and vessels participating              through 10 p.m. on September 16, 2016,
                                                paragraph 34(h) of Figure 2–1 of the                    in Bucksport/Lake Murray Drag Boat                    with a rain date of September 18, 2016,
                                                Commandant Instruction.                                 Fall Nationals or serving as safety                   for the safety zone identified in row
                                                  An environmental analysis checklist                   vessels. Persons and vessels desiring to              (a)(16) of Table to § 165.506.
                                                supporting this determination and a                     enter, transit through, anchor in, or
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:   If
                                                Categorical Exclusion Determination are                 remain within the regulated area may
                                                                                                                                                              you have questions about this notice of
                                                available in the docket where indicated                 contact the Captain of the Port
                                                                                                                                                              enforcement, call or email MST1
                                                under ADDRESSES. We seek any                            Charleston by telephone at (843) 740–
                                                                                                                                                              Thomas Simkins, Sector Delaware Bay
                                                comments or information that may lead                   7050, or a designated representative via
                                                                                                                                                              Waterways Management Division, U.S.
                                                to the discovery of a significant                       VHF radio on channel 16, to request
                                                                                                                                                              Coast Guard; telephone 215–271–4889,
                                                environmental impact from this rule.                    authorization. If authorization to enter,
                                                                                                        transit through, anchor in, or remain                 email Tom.J.Simkins@uscg.mil.
                                                G. Protest Activities                                   within the regulated area is granted by               SUPPLEMENTARY INFORMATION:      From 8
                                                  The Coast Guard respects the First                    the Captain of the Port Charleston or a               p.m. to 10 p.m. on September 16, 2016,
                                                Amendment rights of protesters.                         designated representative, all persons                with a rain date of September 18, 2016,
                                                Protesters are asked to contact the                     and vessels receiving such authorization              the Coast Guard will enforce regulations
                                                person listed in the FOR FURTHER                        must comply with the instructions of                  in 33 CFR 165.506 for the safety zone in
                                                INFORMATION CONTACT section to                          the Captain of the Port Charleston or a               the Delaware River in Philadelphia, PA
                                                coordinate protest activities so that your              designated representative.                            listed in row (a)(16) in the table in that
                                                message can be received without                            (2) The Coast Guard will provide                   section. This action is being taken to
                                                jeopardizing the safety or security of                  notice of the regulated area by Marine                provide for the safety of life on
                                                people, places or vessels.                              Safety Information Bulletins, Local                   navigable waterways during the
                                                                                                        Notice to Mariners, Broadcast Notice to               fireworks display.
                                                List of Subjects in 33 CFR Part 100                     Mariners, and on-scene designated                        Our regulations for recurring firework
                                                  Marine Safety, Navigation (water),                    representatives.                                      events in Captain of the Port Delaware
                                                Reporting and recordkeeping                                (d) Enforcement period. This rule will
                                                                                                                                                              Bay Zone, appear in § 165.506, Safety
                                                requirements, Waterways.                                be enforced daily from 1 p.m. until 7
                                                                                                                                                              Zones; Fireworks Displays in the Fifth
                                                  For the reasons discussed in the                      p.m. on September 10 and September
                                                                                                                                                              Coast Guard District, which specifies
                                                preamble, the Coast Guard amends 33                     11, 2016.
                                                                                                                                                              the location of the regulated area for this
                                                CFR part 100 as follows:                                  Dated: August 23, 2016.                             safety zone as all waters of Delaware
                                                                                                        B.D. Falk,                                            River, adjacent to Penns Landing,
                                                PART 100—SAFETY OF LIFE ON
                                                                                                        Commander, U.S. Coast Guard. Acting                   Philadelphia, PA, bounded from
                                                NAVIGABLE WATERS                                        Captain of the Port Charleston.                       shoreline to shoreline, bounded on the
                                                ■ 1. The authority citation for part 100                [FR Doc. 2016–20716 Filed 8–29–16; 8:45 am]           south by a line running east to west
                                                continues to read as follows:                           BILLING CODE 9110–04–P                                from points along the shoreline at
                                                                                                                                                              latitude 39°56′31.2″ N., longitude
                                                    Authority: 33 U.S.C. 1233.
                                                                                                                                                              075°08′28.1″ W.; thence to latitude
                                                ■ 2. Add § 100.35T07–0012 to read as                    DEPARTMENT OF HOMELAND                                39°56′29″.1 N., longitude 075°07′56.5″
                                                follows:                                                SECURITY                                              W., and bounded on the north by the
                                                § 100.35T07–0012 Bucksport/Lake Murray                                                                        Benjamin Franklin Bridge.
                                                                                                        Coast Guard
                                                Drag Boat Fall Nationals, Atlantic                                                                               As specified in § 165.506, during the
                                                Intracoastal Waterway; Bucksport, SC.                                                                         enforcement period no vessel may
                                                                                                        33 CFR Part 165
                                                   (a) Regulated Area. All waters of the                                                                      transit this safety zone without approval
                                                Atlantic Intracoastal Waterway                          [Docket No. USCG–2016–0754]                           from the Captain of the Port Delaware
                                                encompassed by a line connecting the                                                                          Bay (COTP). If permission is granted, all
                                                following points: point 1 in position                   Safety Zone; Delaware River,
                                                                                                                                                              persons and vessels shall comply with
                                                33°39′13″ N., 079°05′36″ W.; thence                     Philadelphia, PA
                                                                                                                                                              the instructions of the COTP or
                                                west to point 2 in position 33°39′17″ N.,               AGENCY:  Coast Guard, DHS.                            designated representative.
                                                079°05′46″ W.; thence south to point 3                  ACTION: Notice of enforcement of                         This notice of enforcement is issued
                                                in position 33°38′53″ N., 079°05′39″ W.;                regulation.                                           under authority of 33 CFR 165.506 and
                                                thence east to point 4 in position                                                                            5 U.S.C. 552(a). In addition to this
                                                33°38′54″ N., 079°05′31″ W.; thence                     SUMMARY:    The Coast Guard will enforce
                                                                                                                                                              notice of enforcement in the Federal
                                                north back to point 1. All coordinates                  regulations for a safety zone for an
                                                                                                                                                              Register, the Coast Guard will provide
                                                are North American Datum 1983.                          annual fireworks event in the Captain of
                                                                                                                                                              the maritime community with advanced
                                                   (b) Definition. As used in this section,             the Port Delaware Bay zone from 8 p.m.
                                                                                                                                                              notification of this enforcement period
                                                ‘‘designated representative’’ means                     to 10 p.m. on September 16, 2016, with
                                                                                                                                                              via Broadcast Notice to Mariners (BNM).
                                                Coast Guard Patrol Commanders,                          a rain date of September 18, 2016.
                                                                                                                                                              If the COTP Delaware Bay determines
                                                including Coast Guard coxswains, petty                  Enforcement of this zone is necessary
                                                                                                                                                              that the regulated area need not be
                                                officers, and other officers operating                  and intended to ensure safety of life on
                                                                                                                                                              enforced for the full duration, a BNM to
                                                Coast Guard vessels, and Federal, state,                the navigable waters immediately prior
                                                                                                                                                              grant general permission to enter the
                                                and local officers designated by or                     to, during, and immediately after these
                                                                                                                                                              safety zone may be used.
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                                                assisting the Captain of the Port                       fireworks events. During the
                                                Charleston in the enforcement of the                    enforcement periods, no vessel may                      Dated: August 24, 2016.
                                                regulated areas.                                        transit this regulated area without                   Benjamin A. Cooper,
                                                   (c) Regulations. (1) All persons and                 approval from the Captain of the Port or              Captain, U.S. Coast Guard, Captain of the
                                                vessels are prohibited from entering,                   a designated representative.                          Port Delaware Bay.
                                                transiting through, anchoring in, or                    DATES: The regulations in 33 CFR                      [FR Doc. 2016–20774 Filed 8–29–16; 8:45 am]
                                                remaining within the regulated area,                    165.506 will be enforced from 8 p.m.                  BILLING CODE 9110–04–P




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Document Created: 2018-02-09 11:42:11
Document Modified: 2018-02-09 11:42:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from September 10, 2016 through September 11, 2016. The rule will be enforced from 1 p.m. to 7 p.m. each day it is effective.
ContactIf you have questions about this rule, call or email Lieutenant John Downing, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]
FR Citation81 FR 59477 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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