81_FR_6220 81 FR 6196 - Special Local Regulation; Charleston Race Week, Charleston Harbor, Charleston, SC

81 FR 6196 - Special Local Regulation; Charleston Race Week, Charleston Harbor, Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 24 (February 5, 2016)

Page Range6196-6198
FR Document2016-02280

The Coast Guard proposes to establish a special local regulation on the waters of Charleston Harbor in Charleston, SC during the Charleston Race Week from April 15, 2016 through April 17, 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.

Federal Register, Volume 81 Issue 24 (Friday, February 5, 2016)
[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Proposed Rules]
[Pages 6196-6198]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02280]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-1055]
RIN 1625-AA08


Special Local Regulation; Charleston Race Week, Charleston 
Harbor, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a special local 
regulation on the waters of Charleston Harbor in Charleston, SC during 
the Charleston Race Week from April 15, 2016 through April 17, 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.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 7, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-1055 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant John Downing, Sector 
Charleston Office of Waterways Management, Coast Guard; telephone (843) 
740-3184, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    On November 18, 2015, the Charleston Ocean Racing Association 
notified the Coast Guard that it will be sponsoring a series of 
sailboat races from 8:30 a.m. to 5 p.m. from April 15, 2016 through 
April 17, 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 Charleston Race 
Week.

III. Discussion of Proposed Rule

    The COTP proposes to establish a special local regulation on the 
waters of Charleston Harbor in Charleston, South Carolina during 
Charleston Race Week. The races are scheduled to take place from 
Friday, April 15, 2016 through Sunday, April 17, 2016. Approximately 
285 sailboats are anticipated to participate in the races, and 
approximately 30 spectator vessels are expected to attend the event. 
Persons and vessels desiring to enter, transit through, anchor in, or 
remain within the regulated area may contact the Captain of the Port 
Charleston by telephone at (843) 740-7050, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port Charleston or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a designated representative. The Coast Guard will 
provide notice of the special local regulation by Local Notice to 
Mariners, Broadcast Notice to Mariners, and on-scene designated 
representatives.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and executive orders.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget. This proposed 
rule is not a significant regulatory action under section 3(f) of 
Executive Order 12866, Regulatory Planning and Review, as supplemented 
by Executive Order 13563, Improving Regulation and Regulatory Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of Executive Order 12866 or under section 1 of 
Executive Order 13563. The Office of Management and Budget has not 
reviewed it under those Orders.
    The economic impact of this proposed rule is not significant for 
the following reasons: (1) Non-participant persons and vessels may 
enter, transit through, anchor in, or remain within the regulated area 
during the enforcement periods if authorized by the Captain of the Port 
Charleston or a designated representative; (2) vessels not 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 may operate in the surrounding areas during 
the enforcement period; and (3) the Coast Guard will provide advance 
notification of the special local regulation 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

[[Page 6197]]

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.

E. Unfunded Mandates Reform Act

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

F. Environment

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

G. Protest Activities

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

V. Public Participation and Request for Comments

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

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35T07-1055 to read as follows:


Sec.  100.35T07-1055  Special Local Regulation; Charleston Race Week, 
Charleston Harbor, Charleston, SC.

    (a) Regulated Area. The rule establishes special local regulations 
on certain waters of Charleston Harbor in Charleston, South Carolina. 
The special local regulations will be enforced daily from 8:30 a.m. 
until 5 p.m. from April 15, 2016 through April 17, 2016. The special 
local regulations consist of the following three race areas.
    1. Race Area #1. All waters encompassed within an 700 yard radius 
of position 32[deg]46'10'' N., 79[deg]55'15'' W.
    2. Race Area #2. All waters encompassed within a 700 yard radius of 
position 32[deg]46'02'' N., 79[deg]54'15'' W.
    3. Race Area #3. All waters encompassed within a 700 yard radius of 
position 32[deg]45'55'' N., 79[deg]53'39'' W.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the

[[Page 6198]]

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 Charleston Race Week 
or serving as safety vessels. Persons and vessels desiring to enter, 
transit through, anchor in, or remain within the regulated area may 
contact the Captain of the Port Charleston by telephone at (843)740-
7050, or a designated representative via VHF radio on channel 16, to 
request authorization. If authorization to enter, transit through, 
anchor in, or remain within the regulated area is granted by the 
Captain of the Port Charleston or a designated representative, all 
persons and vessels receiving such authorization must comply with the 
instructions of the Captain of the Port Charleston or a designated 
representative.
    (2) The Coast Guard will provide notice of the regulated area by 
Marine Safety Information Bulletins, Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement Date. This rule will be enforced from April 15 
through April 17, 2016 from 8:30 a.m. to 5 p.m. daily.

    Dated: January 12, 2016.
G. L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-02280 Filed 2-4-16; 8:45 am]
BILLING CODE 9110-04-P



                                                    6196                     Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Proposed Rules

                                                      Dated: February 2, 2016.                              COTP     Captain of the Port                          harmonizing rules, and of promoting
                                                    Chuck Rosenberg,                                        II. Background, Purpose, and Legal                    flexibility. This NPRM has not been
                                                    Acting Administrator.                                   Basis                                                 designated a ‘‘significant regulatory
                                                    [FR Doc. 2016–02305 Filed 2–4–16; 8:45 am]                                                                    action,’’ under E.O. 12866. Accordingly,
                                                                                                               On November 18, 2015, the                          the NPRM has not been reviewed by the
                                                    BILLING CODE 4410–09–P
                                                                                                            Charleston Ocean Racing Association                   Office of Management and Budget. This
                                                                                                            notified the Coast Guard that it will be              proposed rule is not a significant
                                                                                                            sponsoring a series of sailboat races                 regulatory action under section 3(f) of
                                                    DEPARTMENT OF HOMELAND                                  from 8:30 a.m. to 5 p.m. from April 15,
                                                    SECURITY                                                                                                      Executive Order 12866, Regulatory
                                                                                                            2016 through April 17, 2016. The legal                Planning and Review, as supplemented
                                                                                                            basis for the proposed rule is the Coast              by Executive Order 13563, Improving
                                                    Coast Guard
                                                                                                            Guard’s Authority to establish special                Regulation and Regulatory Review, and
                                                                                                            local regulations: 33 U.S.C 1233. The                 does not require an assessment of
                                                    33 CFR Part 100
                                                                                                            purpose of the proposed rule is to                    potential costs and benefits under
                                                    [Docket Number USCG–2015–1055]                          ensure safety of life on the navigable                section 6(a)(3) of Executive Order 12866
                                                    RIN 1625–AA08                                           water of the United States during the                 or under section 1 of Executive Order
                                                                                                            Charleston Race Week.                                 13563. The Office of Management and
                                                    Special Local Regulation; Charleston                    III. Discussion of Proposed Rule                      Budget has not reviewed it under those
                                                    Race Week, Charleston Harbor,                                                                                 Orders.
                                                    Charleston, SC                                             The COTP proposes to establish a
                                                                                                            special local regulation on the waters of                The economic impact of this proposed
                                                    AGENCY:   Coast Guard, DHS.                             Charleston Harbor in Charleston, South                rule is not significant for the following
                                                    ACTION:   Notice of proposed rulemaking.                Carolina during Charleston Race Week.                 reasons: (1) Non-participant persons and
                                                                                                            The races are scheduled to take place                 vessels may enter, transit through,
                                                    SUMMARY:   The Coast Guard proposes to                  from Friday, April 15, 2016 through                   anchor in, or remain within the
                                                    establish a special local regulation on                 Sunday, April 17, 2016. Approximately                 regulated area during the enforcement
                                                    the waters of Charleston Harbor in                      285 sailboats are anticipated to                      periods if authorized by the Captain of
                                                    Charleston, SC during the Charleston                    participate in the races, and                         the Port Charleston or a designated
                                                    Race Week from April 15, 2016 through                   approximately 30 spectator vessels are                representative; (2) vessels not able to
                                                    April 17, 2016. This special local                      expected to attend the event. Persons                 enter, transit through, anchor in, or
                                                    regulation is necessary to ensure the                   and vessels desiring to enter, transit                remain within the regulated area
                                                    safety of participants, spectators, and                 through, anchor in, or remain within the              without authorization from the Captain
                                                    the general public during the event.                    regulated area may contact the Captain                of the Port Charleston or a designated
                                                    This proposed rulemaking would                          of the Port Charleston by telephone at                representative may operate in the
                                                    prohibit persons and vessels from being                 (843) 740–7050, or a designated                       surrounding areas during the
                                                    in the regulated area unless authorized                 representative via VHF radio on channel               enforcement period; and (3) the Coast
                                                    by the Captain of the Port Charleston or                16, to request authorization. If                      Guard will provide advance notification
                                                    a designated representative.                            authorization to enter, transit through,              of the special local regulation to the
                                                    DATES: Comments and related material                    anchor in, or remain within the                       local maritime community by Local
                                                    must be received by the Coast Guard on                  regulated area is granted by the Captain              Notice to Mariners and Broadcast Notice
                                                    or before March 7, 2016.                                of the Port Charleston or a designated                to Mariners.
                                                    ADDRESSES: You may submit comments                      representative, all persons and vessels
                                                    identified by docket number USCG–                       receiving such authorization must                     B. Impact on Small Entities
                                                    2015–1055 using the Federal                             comply with the instructions of the
                                                                                                                                                                     The Regulatory Flexibility Act of
                                                    eRulemaking Portal at http://                           Captain of the Port Charleston or a
                                                                                                                                                                  1980, (5 U.S.C. 601–612), as amended
                                                    www.regulations.gov. See the ‘‘Public                   designated representative. The Coast
                                                                                                                                                                  requires Federal agencies to consider
                                                    Participation and Request for                           Guard will provide notice of the special
                                                                                                                                                                  the potential impact of regulations on
                                                    Comments’’ portion of the                               local regulation by Local Notice to
                                                                                                                                                                  ‘‘small entities’’ comprises small
                                                    SUPPLEMENTARY INFORMATION section for                   Mariners, Broadcast Notice to Mariners,
                                                                                                                                                                  businesses, not-for-profit organizations
                                                    further instructions on submitting                      and on-scene designated
                                                                                                                                                                  that are independently owned and
                                                    comments.                                               representatives.
                                                                                                                                                                  operated and are not dominant in their
                                                    FOR FURTHER INFORMATION CONTACT:   If                   IV. Regulatory Analyses                               fields, and governmental jurisdictions
                                                    you have questions about this proposed                                                                        with populations of less than 50,000.
                                                                                                              We developed this proposed rule after
                                                    rulemaking, call or email Lieutenant                                                                          The Coast Guard certifies under 5 U.S.C.
                                                                                                            considering numerous statutes and
                                                    John Downing, Sector Charleston Office                                                                        605(b) that this proposed rule would not
                                                                                                            executive orders related to rulemaking.
                                                    of Waterways Management, Coast                                                                                have a significant economic impact on
                                                                                                            Below we summarize our analyses
                                                    Guard; telephone (843) 740–3184, email                                                                        a substantial number of small entities.
                                                                                                            based on a number of these statutes and
                                                    John.Z.Downing@uscg.mil.                                                                                      We have considered the impact of this
                                                                                                            executive orders.
                                                    SUPPLEMENTARY INFORMATION:                                                                                    proposed rule on small entities. This
                                                                                                            A. Regulatory Planning and Review                     rule may affect the following entities,
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                                                    I. Table of Abbreviations
                                                                                                              E.O.s 12866 and 13563 direct agencies               some of which may be small entities:
                                                    CFR Code of Federal Regulations                         to assess the costs and benefits of                   the owner or operators of vessels
                                                    DHS Department of Homeland Security                     available regulatory alternatives and, if             intending to enter, transit through,
                                                    E.O. Executive order
                                                    FR Federal Register
                                                                                                            regulation is necessary, to select                    anchor in, or remain within the
                                                    NPRM Notice of proposed rulemaking                      regulatory approaches that maximize                   regulated area during the enforcement
                                                    Pub. L. Public Law                                      net benefits. E.O. 13563 emphasizes the               period. For the reasons discussed in
                                                    § Section                                               importance of quantifying both costs                  Regulatory Planning and Review section
                                                    U.S.C. United States Code                               and benefits, of reducing costs, of                   above, this rule will not have a


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                                                                             Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Proposed Rules                                            6197

                                                    significant economic impact on a                        Federal agencies to assess the effects of             CONTACT section of this document for
                                                    substantial number of small entities.                   their discretionary regulatory actions. In            alternate instructions.
                                                       If you think that your business,                     particular, the Act addresses actions                    We accept anonymous comments. All
                                                    organization, or governmental                           that may result in the expenditure by a               comments received will be posted
                                                    jurisdiction qualifies as a small entity                State, local, or tribal government, in the            without change to http://
                                                    and that this rule would have a                         aggregate, or by the private sector of                www.regulations.gov and will include
                                                    significant economic impact on it,                      $100,000,000 (adjusted for inflation) or              any personal information you have
                                                    please submit a comment (see                            more in any one year. Though this                     provided. For more about privacy and
                                                    ADDRESSES) explaining why you think it                  proposed rule would not result in such                the docket, you may review a Privacy
                                                    qualifies and how and to what degree                    an expenditure, we do discuss the                     Act notice regarding the Federal Docket
                                                    this rule would economically affect it.                 effects of this rule elsewhere in this                Management System in the March 24,
                                                       Under section 213(a) of the Small                    preamble.                                             2005, issue of the Federal Register (70
                                                    Business Regulatory Enforcement                                                                               FR 15086).
                                                                                                            F. Environment
                                                    Fairness Act of 1996 (Pub. L. 104–121),                                                                          Documents mentioned in this NPRM
                                                    we want to assist small entities in                       We have analyzed this proposed rule                 as being available in the docket, and all
                                                    understanding this proposed rule. If the                under Department of Homeland                          public comments, will be in our online
                                                    rule would affect your small business,                  Security Management Directive 023–01                  docket at http://www.regulations.gov
                                                    organization, or governmental                           and Commandant Instruction                            and can be viewed by following that
                                                    jurisdiction and you have questions                     M16475.lD, which guide the Coast                      Web site’s instructions. Additionally, if
                                                    concerning its provisions or options for                Guard in complying with the National                  you go to the online docket and sign up
                                                    compliance, please contact the person                   Environmental Policy Act of 1969 (42                  for email alerts, you will be notified
                                                    listed in the FOR FURTHER INFORMATION                   U.S.C. 4321–4370f), and have made a                   when comments are posted or a final
                                                    CONTACT section. The Coast Guard will                   preliminary determination that this                   rule is published.
                                                    not retaliate against small entities that               action is one of a category of actions that
                                                                                                            do not individually or cumulatively                   List of Subjects in 33 CFR Part 100
                                                    question or complain about this
                                                    proposed rule or any policy or action of                have a significant effect on the human                  Marine Safety, Navigation (water),
                                                    the Coast Guard.                                        environment. This proposed rule                       Reporting and recordkeeping
                                                                                                            involves special local regulation issued              requirements, Waterways.
                                                    C. Collection of Information                            in conjunction with a regatta or marine                 For the reasons discussed in the
                                                      This proposed rule would not call for                 parade. This rule is categorically                    preamble, the Coast Guard proposes to
                                                    a new collection of information under                   excluded from further review under                    amend 33 CFR part 100 as follows:
                                                    the Paperwork Reduction Act of 1995                     paragraph 34(h) of Figure 2–1 of the
                                                    (44 U.S.C. 3501–3520).                                  Commandant Instruction. We seek any                   PART 100—SAFETY OF LIFE ON
                                                                                                            comments or information that may lead                 NAVIGABLE WATERS
                                                    D. Federalism and Indian Tribal
                                                                                                            to the discovery of a significant
                                                    Governments                                                                                                   ■ 1. The authority citation for part 100
                                                                                                            environmental impact from this rule.
                                                       A rule has implications for federalism                                                                     continues to read as follows:
                                                    under E.O. 13132, Federalism, if it has                 G. Protest Activities
                                                                                                                                                                      Authority: 33 U.S.C. 1233.
                                                    a substantial direct effect on the States,                The Coast Guard respects the First
                                                                                                                                                                  ■ 2. Add a temporary § 100.35T07–1055
                                                    on the relationship between the national                Amendment rights of protesters.
                                                                                                                                                                  to read as follows:
                                                    government and the States, or on the                    Protesters are asked to contact the
                                                    distribution of power and                               person listed in the FOR FURTHER                      § 100.35T07–1055 Special Local
                                                    responsibilities among the various                      INFORMATION CONTACT section to                        Regulation; Charleston Race Week,
                                                    levels of government. We have analyzed                  coordinate protest activities so that your            Charleston Harbor, Charleston, SC.
                                                    this proposed rule under that Order and                 message can be received without                          (a) Regulated Area. The rule
                                                    have determined that it is consistent                   jeopardizing the safety or security of                establishes special local regulations on
                                                    with the fundamental federalism                         people, places, or vessels.                           certain waters of Charleston Harbor in
                                                    principles and preemption requirements                                                                        Charleston, South Carolina. The special
                                                                                                            V. Public Participation and Request for
                                                    described in E.O. 13132.                                                                                      local regulations will be enforced daily
                                                       Also, this proposed rule does not have               Comments
                                                                                                                                                                  from 8:30 a.m. until 5 p.m. from April
                                                    tribal implications under E.O. 13175,                     We view public participation as                     15, 2016 through April 17, 2016. The
                                                    Consultation and Coordination with                      essential to effective rulemaking, and                special local regulations consist of the
                                                    Indian Tribal Governments, because it                   will consider all comments and material               following three race areas.
                                                    would not have a substantial direct                     received during the comment period.                      1. Race Area #1. All waters
                                                    effect on one or more Indian tribes, on                 Your comment can help shape the                       encompassed within an 700 yard radius
                                                    the relationship between the Federal                    outcome of this rulemaking. If you                    of position 32°46′10″ N., 79°55′15″ W.
                                                    Government and Indian tribes, or on the                 submit a comment, please include the                     2. Race Area #2. All waters
                                                    distribution of power and                               docket number for this rulemaking,                    encompassed within a 700 yard radius
                                                    responsibilities between the Federal                    indicate the specific section of this                 of position 32°46′02″ N., 79°54′15″ W.
                                                    Government and Indian tribes. If you                    document to which each comment                           3. Race Area #3. All waters
                                                                                                            applies, and provide a reason for each                encompassed within a 700 yard radius
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    believe this proposed rule has
                                                    implications for federalism or Indian                   suggestion or recommendation.                         of position 32°45′55″ N., 79°53′39″ W.
                                                    tribes, please contact the person listed                  We encourage you to submit                             (b) Definition. The term ‘‘designated
                                                    in the FOR FURTHER INFORMATION                          comments through the Federal                          representative’’ means Coast Guard
                                                    CONTACT section above.                                  eRulemaking Portal at http://                         Patrol Commanders, including Coast
                                                                                                            www.regulations.gov. If your material                 Guard coxswains, petty officers, and
                                                    E. Unfunded Mandates Reform Act                         cannot be submitted using http://                     other officers operating Coast Guard
                                                      The Unfunded Mandates Reform Act                      www.regulations.gov, contact the person               vessels, and Federal, state, and local
                                                    of 1995 (2 U.S.C. 1531–1538) requires                   in the FOR FURTHER INFORMATION                        officers designated by or assisting the


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                                                    6198                     Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Proposed Rules

                                                    Captain of the Port Charleston in the                   SLSDC is amending the joint regulations               Federal Register published on April 11,
                                                    enforcement of the regulated areas.                     by updating the Seaway Regulations and                2000 (Volume 65, Number 70; Pages
                                                       (c) Regulations.                                     Rules in various categories. The changes              19477–78) or you may visit http://
                                                       (1) All persons and vessels are                      will update the following sections of the             www.Regulations.gov.
                                                    prohibited from entering, transiting                    Regulations and Rules: Condition of                      The SLSDC is amending four sections
                                                    through, anchoring in, or remaining                     Vessels; Seaway Navigation; and,                      of the Condition of Vessels portion of
                                                    within the regulated area, except                       Information and Reports. These                        the joint Seaway regulations. In section
                                                    persons and vessels participating in                    amendments are necessary to take                      401.10, ‘‘Mooring lines’’, the two
                                                    Charleston Race Week or serving as                      account of updated procedures and will                Corporations are proposing to permit
                                                    safety vessels. Persons and vessels                     enhance the safety of transits through                vessels not greater than 200 m in overall
                                                    desiring to enter, transit through, anchor              the Seaway. Several of the amendments                 length to use soft lines instead of wire
                                                    in, or remain within the regulated area                 are merely editorial or for clarification             lines. Over the past 3 years, vessels
                                                    may contact the Captain of the Port                     of existing requirements.                             greater than 150 m in overall length
                                                    Charleston by telephone at (843)740–                    DATES: Comments are due March 7,
                                                                                                                                                                  have been permitted to use type
                                                    7050, or a designated representative via                2016.                                                 approved soft lines on a test basis, with
                                                    VHF radio on channel 16, to request                                                                           successful results. Based on these same
                                                    authorization. If authorization to enter,               ADDRESSES:  Docket: For access to the                 results, the SLSDC is proposing to
                                                    transit through, anchor in, or remain                   docket to read background documents                   amend section 401.11, ‘‘Minimum
                                                    within the regulated area is granted by                 or comments received, go to http://                   Requirements—mooring lines and
                                                    the Captain of the Port Charleston or a                 www.Regulations.gov; or in person at                  fairleads’’ to permit the operator of
                                                    designated representative, all persons                  the Docket Management Facility; U.S.                  vessels of more than 150 m but not more
                                                    and vessels receiving such authorization                Department of Transportation, 1200                    than 200 m to use either soft or wire
                                                    must comply with the instructions of                    New Jersey Avenue SE., West Building                  lines.
                                                    the Captain of the Port Charleston or a                 Ground Floor, Room W12–140,                              In 401.13, ‘‘Hand lines’’, the SLSDC is
                                                    designated representative.                              Washington, DC 20590–001, between 9                   proposing to change the maximum
                                                       (2) The Coast Guard will provide                     a.m. and 5 p.m., Monday through                       diameter of hand lines to 18 mm from
                                                    notice of the regulated area by Marine                  Friday, except Federal Holidays.                      17 mm due to the fact that 17 mm lines
                                                    Safety Information Bulletins, Local                     FOR FURTHER INFORMATION CONTACT:                      are no longer available. The proposed
                                                    Notice to Mariners, Broadcast Notice to                 Carrie Mann Lavigne, Chief Counsel,                   change to 401.17, ‘‘Pitch indicators and
                                                    Mariners, and on-scene designated                       Saint Lawrence Seaway Development                     alarms,’’ would make a minor
                                                    representatives.                                        Corporation, 180 Andrews Street,                      administrative change by removing the
                                                       (d) Enforcement Date. This rule will                 Massena, New York 13662; 315/764–                     effective date for the requirement.
                                                    be enforced from April 15 through April                 3200.                                                    In the Seaway Navigation portion of
                                                    17, 2016 from 8:30 a.m. to 5 p.m. daily.                                                                      the regulations, the two Corporations
                                                                                                            SUPPLEMENTARY INFORMATION:      The Saint             are proposing to make changes in
                                                      Dated: January 12, 2016.                              Lawrence Seaway Development                           several sections. Section 401.29,
                                                    G. L. Tomasulo,                                         Corporation (SLSDC) and the St.                       ‘‘Maximum draft’’, is being restructured
                                                    Captain, U.S. Coast Guard, Captain of the               Lawrence Seaway Management                            in order to clarify the requirements for
                                                    Port Charleston.                                        Corporation (SLSMC) of Canada, under                  use of an operational Draft Information
                                                    [FR Doc. 2016–02280 Filed 2–4–16; 8:45 am]              international agreement, jointly publish              System. In 401.37, ‘‘Mooring at tie-up
                                                    BILLING CODE 9110–04–P                                  and presently administer the St.                      walls’’, the Seaway Corporations are
                                                                                                            Lawrence Seaway Regulations and                       proposing to require that crew members
                                                                                                            Rules (Practices and Procedures in                    handling lines on tie-up walls wear
                                                    DEPARTMENT OF TRANSPORTATION                            Canada) in their respective jurisdictions.            approved personal flotation devices
                                                                                                            Under agreement with the SLSMC, the                   instead of life jackets that can be unsafe
                                                    Saint Lawrence Seaway Development                       SLSDC is amending the joint regulations               due to their bulky nature. The SLSDC is
                                                    Corporation                                             by updating the Regulations and Rules                 proposing to change the requirement in
                                                                                                            in various categories. The changes will               401.45, ‘‘Emergency procedures’’, to
                                                    33 CFR Part 401                                         update the following sections of the                  make clear that when a vessel is
                                                    [Docket No. SLSDC–2016–0004]
                                                                                                            Regulations and Rules: Condition of                   entering the locks too fast in an
                                                                                                            Vessels; Seaway Navigation; and,                      emergency situation, the vessel will not
                                                    2135–AA39                                               Information and Reports. These updates                be required to deploy mooring lines.
                                                                                                            are necessary to take account of updated                 In the Information and Reports
                                                    Seaway Regulations and Rules:                           procedures which will enhance the
                                                    Periodic Update, Various Categories                                                                           section, a change to section 401.79,
                                                                                                            safety of transits through the Seaway.                ‘‘Advance notice of arrival, vessels
                                                    AGENCY: Saint Lawrence Seaway                           Many of these changes are to clarify                  requiring inspection’’ is being proposed
                                                    Development Corporation, DOT.                           existing requirements in the regulations.             that would require all foreign flagged
                                                    ACTION: Notice of Proposed Rulemaking.                  Where new requirements or regulations                 vessels of 300 GRT or above to submit
                                                                                                            are made, an explanation for such a                   an electronic Notice of Arrival.
                                                    SUMMARY:  The Saint Lawrence Seaway                     change is provided below.                                The other changes to the joint
                                                    Development Corporation (SLSDC) and                       Regulatory Notices: Privacy Act:
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                                                                                                                                  regulations are merely editorial or to
                                                    the St. Lawrence Seaway Management                      Anyone is able to search the electronic               clarify existing requirements.
                                                    Corporation (SLSMC) of Canada, under                    form of all comments received into any
                                                    international agreement, jointly publish                of our dockets by the name of the                     Regulatory Evaluation
                                                    and presently administer the St.                        individual submitting the comment (or                   This proposed regulation involves a
                                                    Lawrence Seaway Regulations and                         signing the comment, if submitted on                  foreign affairs function of the United
                                                    Rules (Practices and Procedures in                      behalf of an association, business, labor             States and therefore Executive Order
                                                    Canada) in their respective jurisdictions.              union, etc.). You may review DOT’s                    12866 does not apply and evaluation
                                                    Under agreement with the SLSMC, the                     complete Privacy Act Statement in the                 under the Department of


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Document Created: 2016-02-05 00:17:00
Document Modified: 2016-02-05 00:17:00
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 March 7, 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 6196 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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