83_FR_32045 83 FR 31913 - Special Local Regulation; Carolina Boat Bash, Little River Inlet, Little River, SC

83 FR 31913 - Special Local Regulation; Carolina Boat Bash, Little River Inlet, Little River, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 132 (July 10, 2018)

Page Range31913-31915
FR Document2018-14615

The Coast Guard proposes to establish a special local regulation for the Carolina Boat Bash in Little River Inlet, SC. This action is necessary to ensure safety of life on navigable waters during the Carolina Boat Bash. During the enforcement period, no person or vessel may enter, transit through, anchor in, or remain within the designated area unless authorized by Sector Charleston COTP or a designated representative.

Federal Register, Volume 83 Issue 132 (Tuesday, July 10, 2018)
[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Proposed Rules]
[Pages 31913-31915]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14615]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0163]
RIN 1625-AA08


Special Local Regulation; Carolina Boat Bash, Little River Inlet, 
Little River, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a special local 
regulation for the Carolina Boat Bash in Little River Inlet, SC. This 
action is necessary to ensure safety of life on navigable waters during 
the Carolina Boat Bash. During the enforcement period, no person or 
vessel may enter, transit through, anchor in, or remain within the 
designated area unless authorized by Sector Charleston COTP or a 
designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 9, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0163 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 Justin Heck, Sector 
Charleston Waterways Management Division, Coast

[[Page 31914]]

Guard; telephone (843) 740-3184, email Justin.C.Heck@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On February 23, 2018, the Coast Guard was notified by the Freedom 
Boat Club/DBC about the Carolina Boat Bash, which will be held on 
August 18, 2018, and will impact waters of the Little River Inlet, 
Little River, South Carolina. The legal basis for the proposed rule is 
the Coast Guard's authority to establish special local regulations is 
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 Carolina Boat Bash.

III. Discussion of Proposed Rule

    The COTP proposes to establish a special local regulation from 11 
a.m. to 6 p.m. on August 18, 2018. The event will consist of live music 
from two 40' by 20' spud barges. This is expected to be a heavily 
attended event with an estimated 1200-1400 recreational boats possibly 
transiting the area.
    The proposed special local regulation is necessary to ensure the 
safety of participants, spectators, and vessels from the hazards 
associated with the event. The duration of the special local regulation 
is intended to ensure the safety of event participants, the general 
public, vessels and navigable waters during the event scheduled time 
frame. Approximately 1400 vessels are anticipated to transit through 
the event area during that time frame. No vessel or person would be 
permitted to enter the marked regulated area without obtaining 
permission from the COTP or a designated representative. The regulatory 
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    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 COTP or a 
designated representative; (2) vessels not authorized to enter, transit 
through, anchor in, or remain within the regulated area 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 during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    We have considered the impact of this proposed rule on small 
entities. This rule may affect the following entities, some of which 
may be small entities: the owner or operators of vessels intending to 
enter, transit through, anchor in, or remain within the regulated area 
during the enforcement period. For the reasons stated in section IV.A. 
above, this proposed rule would not have a significant economic impact 
on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 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.

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

[[Page 31915]]

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 a special 
local regulation on one day lasting from 11:00 a.m. to 6:00 p.m., 
prohibiting traffic from approaching the barges. Normally such actions 
are categorically excluded from further review under paragraph L 63(b) 
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 
01. A preliminary Record of Environmental Consideration supporting this 
determination is 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 proposed 
rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    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 website'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

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, 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; 33 CFR 1.05-1.

0
2. Add Sec.  100.T07-0163 to read as follows:


Sec.  100.T07-0163  Special Local Regulation; Carolina Boat Bash, New 
River Inlet, SC.

    (a) Location. This rule establishes a temporary local regulation on 
all waters within a 500 yard radius of the barge, from which the barge 
will be placed at position 33[deg]51'.253'' N 078[deg]32'.781'' W in 
Little River Inlet, Little River, SC.
    (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 COTP 
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 unless authorized by the COTP or a designated 
representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the COTP 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 COTP or a designated representative, all persons and 
vessels receiving such authorization must comply with the instructions 
of the COTP or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Period. This rule will be enforced on August 18, 
2018 from 11:00 a.m. until 6:00 p.m.

    Dated: June 15, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2018-14615 Filed 7-9-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                         Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Proposed Rules                                                 31913

                                                the FAA proposes to amend 14 CFR part                    (h) Modification or Replacement of TCAS               Westbury, NY 11590; telephone 516–228–
                                                39 as follows:                                           Processor                                             7367; fax 516–794–5531.
                                                                                                            Within 12 months after the effective date            (3) For service information identified in
                                                PART 39—AIRWORTHINESS                                    of this AD: Update the software of the                this AD, contact Honeywell Aerospace,
                                                                                                                                                               Technical Publications and Distribution, M/
                                                DIRECTIVES                                               affected TCAS processor and change the part
                                                                                                                                                               S 2101–201, P.O. Box 52170, Phoenix, AZ
                                                                                                         number to P/N 940–0351–005, or replace the
                                                                                                                                                               85072–2170; phone: 602–365–5535; fax: 602–
                                                ■ 1. The authority citation for part 39                  affected TCAS processor with a TPA–100B
                                                                                                                                                               365–5577; internet: http://
                                                continues to read as follows:                            TCAS processor P/N 940–0351–005, in                   www.honeywell.com. You may view this
                                                                                                         accordance with the Accomplishment                    service information at the FAA, Transport
                                                    Authority: 49 U.S.C. 106(g), 40113, 44701.           Instructions of H4 Aerospace Service Bulletin         Standards Branch, 2200 South 216th St., Des
                                                                                                         H4ASB009, Issue 1, dated September 18,                Moines, WA. For information on the
                                                § 39.13     [Amended]                                    2017; or PMV Engineering Service Bulletin             availability of this material at the FAA, call
                                                ■ 2. The FAA amends § 39.13 by adding                    AVI–00690–SB–S99–R01, Revision 01, dated              206–231–3195.
                                                                                                         October 5, 2017, as applicable.
                                                the following new airworthiness                                                                                   Issued in Des Moines, Washington, on July
                                                directive (AD):                                             Note 1 to paragraph (h) of this AD:
                                                                                                                                                               3, 2018.
                                                                                                         Guidance for accomplishing the actions
                                                Airbus SAS: Docket No. FAA–2018–0589;                    required by paragraph (h) of this AD can be           Michael Kaszycki,
                                                    Product Identifier 2018–NM–021–AD.                   found in Honeywell Service Bulletin 940–              Acting Director, System Oversight Division,
                                                                                                         0351–34–0005, Revision 2, dated December              Aircraft Certification Service.
                                                (a) Comments Due Date
                                                                                                         1, 2017.                                              [FR Doc. 2018–14694 Filed 7–9–18; 8:45 am]
                                                  We must receive comments by August 24,
                                                                                                                                                               BILLING CODE 4910–13–P
                                                2018.                                                    (i) Parts Installation Prohibition
                                                (b) Affected ADs                                           After modification or replacement of the
                                                                                                         TCAS processor as required by paragraph (h)
                                                    None.                                                of this AD, no person may install on that
                                                                                                                                                               DEPARTMENT OF HOMELAND
                                                                                                         airplane an affected TCAS processor, as               SECURITY
                                                (c) Applicability
                                                                                                         defined in paragraph (g) of this AD.
                                                  This AD applies to the Airbus SAS                                                                            Coast Guard
                                                airplanes identified in paragraphs (c)(1)                (j) Other FAA AD Provisions
                                                through (c)(4) of this AD, certificated in any              The following provisions also apply to this        33 CFR Part 100
                                                category, if modified by H4 Aerospace                    AD:
                                                supplemental type certificate (STC)                                                                            [Docket Number USCG–2018–0163]
                                                                                                            (1) Alternative Methods of Compliance
                                                ST03708NY (http://rgl.faa.gov/Regulatory_                (AMOCs): The Manager, New York ACO                    RIN 1625–AA08
                                                and_Guidance_Library/rgSTC.nsf/0/                        Branch, FAA, has the authority to approve
                                                581702F96EC93ACF86257FEA00689E6B?                        AMOCs for this AD, if requested using the             Special Local Regulation; Carolina
                                                OpenDocument&Highlight=st03708ny) or                     procedures found in 14 CFR 39.19. In                  Boat Bash, Little River Inlet, Little
                                                PMV Engineering STC ST03835NY (http://                   accordance with 14 CFR 39.19, send your               River, SC
                                                rgl.faa.gov/Regulatory_and_Guidance_                     request to your principal inspector or local
                                                Library/rgstc.nsf/0/06E4A762C1FDF                        Flight Standards District Office, as                  AGENCY:   Coast Guard, DHS.
                                                8048625807D006457C7?OpenDocument&                        appropriate. If sending information directly          ACTION:   Notice of proposed rulemaking.
                                                Highlight=st03835ny).                                    to the manager of the certification office,
                                                (1) Model A318–111, –112, –121, and –122                 send it to ATTN: Program Manager,                     SUMMARY:   The Coast Guard proposes to
                                                     airplanes                                           Continuing Operational Safety, FAA, New               establish a special local regulation for
                                                (2) Model A319–111, –112, –113, –114, –115,              York ACO Branch, 1600 Stewart Avenue,                 the Carolina Boat Bash in Little River
                                                                                                         Suite 410, Westbury, NY 11590; telephone              Inlet, SC. This action is necessary to
                                                     –131, –132, and –133 airplanes
                                                                                                         516–228–7300; fax 516–794–5531. Before
                                                (3) Model A320–211, –212, –214, –231, –232,                                                                    ensure safety of life on navigable waters
                                                                                                         using any approved AMOC, notify your
                                                     and –233 airplanes
                                                                                                         appropriate principal inspector, or lacking a         during the Carolina Boat Bash. During
                                                (4) Model A321–111, –112, –131, –211, –212,              principal inspector, the manager of the local         the enforcement period, no person or
                                                     –213, –231, and –232 airplanes                      flight standards district office/certificate          vessel may enter, transit through,
                                                (d) Subject                                              holding district office.                              anchor in, or remain within the
                                                                                                            (2) Contacting the Manufacturer: For any           designated area unless authorized by
                                                 Air Transport Association (ATA) of                      requirement in this AD to obtain corrective
                                                America Code 34, Navigation.
                                                                                                                                                               Sector Charleston COTP or a designated
                                                                                                         actions from a manufacturer, the action must          representative.
                                                (e) Reason                                               be accomplished using a method approved
                                                                                                                                                               DATES: Comments and related material
                                                                                                         by the Manager, New York ACO Branch,
                                                   This AD was prompted by reports of false              FAA; or the European Aviation Safety                  must be received by the Coast Guard on
                                                resolution advisories (RAs) from certain                 Agency (EASA); or Airbus SAS’s EASA                   or before August 9, 2018.
                                                traffic collision avoidance systems (TCASs).             Design Organization Approval (DOA). If                ADDRESSES: You may submit comments
                                                We are issuing this AD to address the                    approved by the DOA, the approval must                identified by docket number USCG–
                                                occurrence of false RAs from the TCAS,                   include the DOA-authorized signature.                 2018–0163 using the Federal
                                                which could lead to a loss of separation from
                                                other airplanes, possibly resulting in a mid-            (k) Related Information                               eRulemaking Portal at http://
                                                air collision.                                             (1) Refer to Mandatory Continuing
                                                                                                                                                               www.regulations.gov. See the ‘‘Public
                                                                                                         Airworthiness Information (MCAI) EASA AD              Participation and Request for
                                                (f) Compliance                                                                                                 Comments’’ portion of the
                                                                                                         2017–0196, dated October 5, 2017, for related
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                                                  Comply with this AD within the                         information. This MCAI may be found in the            SUPPLEMENTARY INFORMATION section for
                                                compliance times specified, unless already               AD docket on the internet at http://                  further instructions on submitting
                                                done.                                                    www.regulations.gov by searching for and              comments.
                                                                                                         locating Docket No. FAA–2018–0589.
                                                (g) Definition of an Affected TCAS Processor                                                                   FOR FURTHER INFORMATION CONTACT: If
                                                                                                           (2) For more information about this AD,
                                                  For the purposes of this AD, an affected               contact Steven Dzierzynski, Aerospace                 you have questions about this proposed
                                                TCAS processor is defined as a Honeywell                 Engineer, Avionics and Administrative                 rulemaking, call or email Lieutenant
                                                TPA–100B TCAS processor having part                      Services Section, FAA, New York ACO                   Justin Heck, Sector Charleston
                                                number (P/N) 940–0351–001.                               Branch, 1600 Stewart Avenue, Suite 410,               Waterways Management Division, Coast


                                           VerDate Sep<11>2014   17:37 Jul 09, 2018   Jkt 244001   PO 00000   Frm 00018   Fmt 4702   Sfmt 4702   E:\FR\FM\10JYP1.SGM   10JYP1


                                                31914                    Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Proposed Rules

                                                Guard; telephone (843) 740–3184, email                   benefits of available regulatory                      ADDRESSES) explaining why you think it
                                                Justin.C.Heck@uscg.mil.                                  alternatives and, if regulation is                    qualifies and how and to what degree
                                                SUPPLEMENTARY INFORMATION:                               necessary, to select regulatory                       this rule would economically affect it.
                                                                                                         approaches that maximize net benefits.                   Under section 213(a) of the Small
                                                I. Table of Abbreviations                                Executive Order 13771 directs agencies                Business Regulatory Enforcement
                                                CFR Code of Federal Regulations                          to control regulatory costs through a                 Fairness Act of 1996 (Pub. L. 104–121),
                                                DHS Department of Homeland Security                      budgeting process. This NPRM has not                  we want to assist small entities in
                                                FR Federal Register                                      been designated a ‘‘significant                       understanding this proposed rule. If the
                                                NPRM Notice of proposed rulemaking                       regulatory action,’’ under Executive                  rule would affect your small business,
                                                Pub. L. Public Law                                                                                             organization, or governmental
                                                                                                         Order 12866. Accordingly, the NPRM
                                                § Section
                                                U.S.C. United States Code                                has not been reviewed by the Office of                jurisdiction and you have questions
                                                COTP Captain of the Port                                 Management and Budget (OMB), and                      concerning its provisions or options for
                                                                                                         pursuant to OMB guidance it is exempt                 compliance, please contact the person
                                                II. Background, Purpose, and Legal                       from the requirements of Executive                    listed in the FOR FURTHER INFORMATION
                                                Basis                                                    Order 13771.                                          CONTACT section. The Coast Guard will
                                                   On February 23, 2018, the Coast                          The economic impact of this proposed               not retaliate against small entities that
                                                Guard was notified by the Freedom Boat                   rule is not significant for the following             question or complain about this
                                                Club/DBC about the Carolina Boat Bash,                   reasons: (1) Non-participant persons and              proposed rule or any policy or action of
                                                which will be held on August 18, 2018,                   vessels may enter, transit through,                   the Coast Guard.
                                                and will impact waters of the Little                     anchor in, or remain within the
                                                                                                         regulated area during the enforcement                 C. Collection of Information
                                                River Inlet, Little River, South Carolina.
                                                The legal basis for the proposed rule is                 periods if authorized by the COTP or a                  This proposed rule would not call for
                                                the Coast Guard’s authority to establish                 designated representative; (2) vessels                a new collection of information under
                                                special local regulations is 33 U.S.C.                   not authorized to enter, transit through,             the Paperwork Reduction Act of 1995
                                                1233. The purpose of the rule is to                      anchor in, or remain within the                       (44 U.S.C. 3501–3520).
                                                ensure safety of life on navigable waters                regulated area may operate in the
                                                                                                                                                               D. Federalism and Indian Tribal
                                                of the United States during the Carolina                 surrounding areas during the
                                                                                                                                                               Governments
                                                Boat Bash.                                               enforcement period; and (3) the Coast
                                                                                                         Guard will provide advance notification                  A rule has implications for federalism
                                                III. Discussion of Proposed Rule                         of the special local regulation to the                under Executive Order 13132,
                                                   The COTP proposes to establish a                      local maritime community by Local                     Federalism, if it has a substantial direct
                                                special local regulation from 11 a.m. to                 Notice to Mariners and Broadcast Notice               effect on the States, on the relationship
                                                6 p.m. on August 18, 2018. The event                     to Mariners.                                          between the national government and
                                                will consist of live music from two 40’                                                                        the States, or on the distribution of
                                                                                                         B. Impact on Small Entities                           power and responsibilities among the
                                                by 20’ spud barges. This is expected to
                                                be a heavily attended event with an                         The Regulatory Flexibility Act of                  various levels of government. We have
                                                estimated 1200–1400 recreational boats                   1980, 5 U.S.C. 601–612, as amended,                   analyzed this proposed rule under that
                                                possibly transiting the area.                            requires Federal agencies to consider                 Order and have determined that it is
                                                   The proposed special local regulation                 the potential impact of regulations on                consistent with the fundamental
                                                is necessary to ensure the safety of                     small entities during rulemaking. The                 federalism principles and preemption
                                                participants, spectators, and vessels                    term ‘‘small entities’’ comprises small               requirements described in Executive
                                                from the hazards associated with the                     businesses, not-for-profit organizations              Order 13132.
                                                event. The duration of the special local                 that are independently owned and                         Also, this proposed rule does not have
                                                regulation is intended to ensure the                     operated and are not dominant in their                tribal implications under Executive
                                                safety of event participants, the general                fields, and governmental jurisdictions                Order 13175, Consultation and
                                                public, vessels and navigable waters                     with populations of less than 50,000.                 Coordination with Indian Tribal
                                                during the event scheduled time frame.                   The Coast Guard certifies under 5 U.S.C.              Governments, because it would not have
                                                Approximately 1400 vessels are                           605(b) that this proposed rule would not              a substantial direct effect on one or
                                                anticipated to transit through the event                 have a significant economic impact on                 more Indian tribes, on the relationship
                                                area during that time frame. No vessel                   a substantial number of small entities.               between the Federal Government and
                                                or person would be permitted to enter                       We have considered the impact of this              Indian tribes, or on the distribution of
                                                the marked regulated area without                        proposed rule on small entities. This                 power and responsibilities between the
                                                obtaining permission from the COTP or                    rule may affect the following entities,               Federal Government and Indian tribes.
                                                a designated representative. The                         some of which may be small entities:                  If you believe this proposed rule has
                                                regulatory text we are proposing appears                 the owner or operators of vessels                     implications for federalism or Indian
                                                at the end of this document.                             intending to enter, transit through,                  tribes, please contact the person listed
                                                                                                         anchor in, or remain within the                       in the FOR FURTHER INFORMATION
                                                IV. Regulatory Analyses                                  regulated area during the enforcement                 CONTACT section.
                                                  We developed this proposed rule after                  period. For the reasons stated in section
                                                                                                         IV.A. above, this proposed rule would                 E. Unfunded Mandates Reform Act
                                                considering numerous statutes and
                                                Executive orders related to rulemaking.                  not have a significant economic impact                  The Unfunded Mandates Reform Act
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                                                Below we summarize our analyses                          on a substantial number of small                      of 1995 (2 U.S.C. 1531–1538) requires
                                                based on a number of these statutes and                  entities.                                             Federal agencies to assess the effects of
                                                Executive orders and we discuss First                       If you think that your business,                   their discretionary regulatory actions. In
                                                Amendment rights of protestors.                          organization, or governmental                         particular, the Act addresses actions
                                                                                                         jurisdiction qualifies as a small entity              that may result in the expenditure by a
                                                A. Regulatory Planning and Review                        and that this rule would have a                       State, local, or tribal government, in the
                                                  Executive Orders 12866 and 13563                       significant economic impact on it,                    aggregate, or by the private sector of
                                                direct agencies to assess the costs and                  please submit a comment (see                          $100,000,000 (adjusted for inflation) or


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                                                                         Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Proposed Rules                                                  31915

                                                more in any one year. Though this                        in the FOR FURTHER INFORMATION                         representative via VHF radio on channel
                                                proposed rule would not result in such                   CONTACT section of this document              for      16, to request authorization. If
                                                an expenditure, we do discuss the                        alternate instructions.                                authorization to enter, transit through,
                                                effects of this rule elsewhere in this                      We accept anonymous comments. All                   anchor in, or remain within the
                                                preamble.                                                comments received will be posted                       regulated area is granted by the COTP or
                                                                                                         without change to http://                              a designated representative, all persons
                                                F. Environment
                                                                                                         www.regulations.gov and will include                   and vessels receiving such authorization
                                                  We have analyzed this proposed rule                    any personal information you have                      must comply with the instructions of
                                                under Department of Homeland                             provided. For more about privacy and                   the COTP or a designated
                                                Security Management Directive 023–01                     the docket, visit http://                              representative.
                                                and Commandant Instruction                               www.regulations.gov/privacyNotice.                       (3) The Coast Guard will provide
                                                M16475.lD, which guide the Coast                            Documents mentioned in this NPRM                    notice of the regulated area by Local
                                                Guard in complying with the National                     as being available in the docket, and all              Notice to Mariners, Broadcast Notice to
                                                Environmental Policy Act of 1969 (42                     public comments, will be in our online                 Mariners, and on-scene designated
                                                U.S.C. 4321–4370f), and have made a                      docket at http://www.regulations.gov                   representatives.
                                                preliminary determination that this                      and can be viewed by following that                      (d) Enforcement Period. This rule will
                                                action is one of a category of actions that              website’s instructions. Additionally, if               be enforced on August 18, 2018 from
                                                do not individually or cumulatively                      you go to the online docket and sign up                11:00 a.m. until 6:00 p.m.
                                                have a significant effect on the human                   for email alerts, you will be notified                   Dated: June 15, 2018.
                                                environment. This proposed rule                          when comments are posted or a final                    J.W. Reed,
                                                involves a special local regulation on                   rule is published.
                                                one day lasting from 11:00 a.m. to 6:00                                                                         Captain, U.S. Coast Guard, Captain of the
                                                                                                         List of Subjects in 33 CFR Part 100                    Port Charleston.
                                                p.m., prohibiting traffic from
                                                approaching the barges. Normally such                                                                           [FR Doc. 2018–14615 Filed 7–9–18; 8:45 am]
                                                                                                           Harbors, Marine safety, Navigation
                                                actions are categorically excluded from                  (water), Reporting and recordkeeping                   BILLING CODE 9110–04–P

                                                further review under paragraph L 63(b)                   requirements, Security measures,
                                                of Appendix A, Table 1 of DHS                            Waterways.
                                                Instruction Manual 023–01–001–01,                          For the reasons discussed in the                     ENVIRONMENTAL PROTECTION
                                                Rev. 01. A preliminary Record of                         preamble, the Coast Guard proposes to                  AGENCY
                                                Environmental Consideration                              amend 33 CFR part 100 as follows:
                                                supporting this determination is                                                                                40 CFR Part 52
                                                available in the docket where indicated                  PART 100—SAFETY OF LIFE ON                             [EPA–HQ–OAR–2018–0225; FRL–9980–53–
                                                under ADDRESSES. We seek any                             NAVIGABLE WATERS                                       OAR]
                                                comments or information that may lead                                                                           RIN 2060–AT92
                                                to the discovery of a significant                        ■ 1. The authority citation for part 100
                                                environmental impact from this                           continues to read as follows:
                                                                                                                                                                Determination Regarding Good
                                                proposed rule.                                                Authority: 33 U.S.C. 1233; 33 CFR 1.05–           Neighbor Obligations for the 2008
                                                                                                         1.                                                     Ozone National Ambient Air Quality
                                                G. Protest Activities
                                                                                                         ■ 2. Add § 100.T07–0163 to read as                     Standard
                                                  The Coast Guard respects the First                     follows:
                                                Amendment rights of protesters.                                                                                 AGENCY:  Environmental Protection
                                                Protesters are asked to contact the                      § 100.T07–0163 Special Local Regulation;               Agency (EPA).
                                                person listed in the FOR FURTHER                         Carolina Boat Bash, New River Inlet, SC.               ACTION: Proposed rule.
                                                INFORMATION CONTACT section to                              (a) Location. This rule establishes a
                                                coordinate protest activities so that your               temporary local regulation on all waters               SUMMARY:   The EPA is proposing to
                                                message can be received without                          within a 500 yard radius of the barge,                 determine that the Cross-State Air
                                                jeopardizing the safety or security of                   from which the barge will be placed at                 Pollution Rule Update for the 2008
                                                people, places, or vessels.                              position 33°51′.253″ N 078°32′.781″ W                  ozone National Ambient Air Quality
                                                                                                         in Little River Inlet, Little River, SC.               Standards (NAAQS) (CSAPR Update)
                                                V. Public Participation and Request for                     (b) Definition. The term ‘‘designated               fully addresses certain states’
                                                Comments                                                 representative’’ means Coast Guard                     obligations under Clean Air Act (CAA)
                                                  We view public participation as                        Patrol Commanders, including Coast                     section 110(a)(2)(D)(i)(I) regarding
                                                essential to effective rulemaking, and                   Guard coxswains, petty officers, and                   interstate pollution transport for the
                                                will consider all comments and material                  other officers operating Coast Guard                   2008 ozone NAAQS. The CSAPR
                                                received during the comment period.                      vessels, and Federal, state, and local                 Update, published on October 26, 2016,
                                                Your comment can help shape the                          officers designated by or assisting the                promulgated Federal Implementation
                                                outcome of this rulemaking. If you                       COTP in the enforcement of the                         Plans (FIPs) for 22 states in the eastern
                                                submit a comment, please include the                     regulated areas.                                       U.S. In the final CSAPR Update, based
                                                docket number for this rulemaking,                          (c) Regulations. (1) All persons and                on information available at that time,
                                                indicate the specific section of this                    vessels are prohibited from entering,                  the EPA could not conclude that the
                                                document to which each comment                           transiting through, anchoring in, or                   rule fully addressed CAA section
amozie on DSK3GDR082PROD with PROPOSALS1




                                                applies, and provide a reason for each                   remaining within the regulated area                    110(a)(2)(D)(i)(I) obligations for 21 of the
                                                suggestion or recommendation.                            unless authorized by the COTP or a                     22 CSAPR Update states. This action
                                                  We encourage you to submit                             designated representative.                             proposes a determination that, based on
                                                comments through the Federal                                (2) Persons and vessels desiring to                 additional information and analysis, the
                                                eRulemaking Portal at http://                            enter, transit through, anchor in, or                  CSAPR Update fully addresses this CAA
                                                www.regulations.gov. If your material                    remain within the regulated area may                   provision for the 2008 ozone NAAQS
                                                cannot be submitted using http://                        contact the COTP by telephone at 843–                  for all remaining CSAPR Update states.
                                                www.regulations.gov, contact the person                  740–7050, or a designated                              Specifically, EPA proposes to determine


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Document Created: 2018-11-06 10:18:38
Document Modified: 2018-11-06 10:18:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before August 9, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant Justin Heck, Sector Charleston Waterways Management Division, Coast Guard; telephone (843) 740-3184, email [email protected]
FR Citation83 FR 31913 
RIN Number1625-AA08
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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