[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34884-34886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13758]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2013-0102]
RIN 1625-AA08
Special Local Regulations; ODBA Draggin' on the Waccamaw,
Atlantic Intracoastal Waterway; Bucksport, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation on
the Atlantic Intracoastal Waterway in Bucksport, South Carolina during
the Outboard Drag Boat Association (ODBA) Draggin' on the Waccamaw, a
series of high-speed boat races. The event will take place on Saturday,
June 22, 2012 and Sunday, June 23, 2013. Approximately 50 high-speed
race boats are anticipated to participate in the races. This special
local regulation is necessary to provide for the safety of life and
property on navigable waters of the United States during the event.
This special local regulation will temporarily restrict vessel traffic
in a portion of the Atlantic Intracoastal Waterway. Persons and vessels
that are not participating in the races will be prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative.
DATES: This rule is effective June 22-23, 2013 and will be enforced
daily from 11:00 a.m. until 7:30 p.m. on June 22, 2013 and June 23,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0102. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Warrant Officer Christopher Ruleman, Sector
Charleston Waterways Management, U.S. Coast Guard; telephone (843) 740-
3184, email [email protected]. If you have questions on
viewing the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On March 14, 2013, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled Special Local Regulations; ODBA Draggin' on
the Waccamaw, Atlantic Intercoastal Waterway, Bucksport, SC in the
Federal Register (78 FR 16205). We received no comments on the proposed
rule. No public meeting was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Coast Guard did not receive
information from the event sponsor early enough to both publish a NPRM
and allow 30 days after publication before making this rule effective.
The Coast Guard chose to notify the public and seek comment on this
rule by publishing a NPRM. This final rule is necessary to protect the
public and race participants during the regatta, and therefore, must be
effective by the start of the event on June 22, 2013.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure safety of life and property on navigable waters of
the United States during the ODBA Draggin' on the Waccamaw boat races.
C. Discussion of Rule
On Saturday, June 22, 2013, and Sunday, June 23, 2013, the Outboard
Drag Boat Association (ODBA) will host Draggin' on the Waccamaw, a
series of high-speed boat races. The event will be held on a portion of
the Atlantic Intracoastal Waterway in Bucksport, South Carolina.
Approximately 50 high-speed race boats are anticipated to participate
in the races.
The special local regulation encompasses certain waters of the
Atlantic Intracoastal Waterway in Bucksport, South Carolina. The
special local regulation will be enforced daily from 11:00 a.m. until
7:30 p.m. on June 22, 2012, through June 23, 2013. The special local
regulation consists of a regulated area around vessels participating in
the event. The regulated area is as follows: All waters of the Atlantic
Intracoastal Waterway encompassed within an Imaginary line connecting
the following points; starting at point 1 in position 33[deg]39'11.46''
N 079[deg]05'36.78'' W; thence west to point 2 in position
33[deg]39'12.18'' N 079[deg]05'47.76'' W; thence south to point 3 in
position 33[deg]38'39.48'' N 079[deg]05'37.44'' W; thence east to point
4 in position 33[deg]38'42.3'' N 079[deg]05'30.6'' W; thence north back
to origin. All coordinates are North American Datum 1983. Persons and
vessels that are not participating in the event are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless specifically authorized by the Captain of the
Port Charleston or a designated
[[Page 34885]]
representative. Persons and vessels may request authorization to enter,
transit through, anchor in, or remain within the regulated area by
contacting the Captain of the Port Charleston by telephone at (843)
740-7050, or a designated representative via VHF radio on channel 16 to
seek 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 permission must comply with the instructions of
the Captain of the Port Charleston or a designated representative. The
Coast Guard will provide notice of the regulated areas by Local Notice
to Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The economic impact of this rule is anticipated to be significant
for the following reasons: (1) Although persons and vessels will not be
able to enter, transit through, anchor in, or remain within the race
area without authorization from the Captain of the Port Charleston or a
designated representative, they may operate in the surrounding area
during the effective period; (2) persons and vessels may still enter,
transit through, anchor in, or remain within the race area if
authorized by the Captain of the Port Charleston or a designated
representative; and (3) advance notification will be made to the local
maritime community via broadcast notice to mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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 rule
will not have a significant economic impact on a substantial number of
small entities.
This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion that portion
of the Atlantic Intracoastal Waterway encompassed within the regulated
area from 11:00 a.m. until 7:30 p.m. on June 22, 2012, through June 23,
2013. For the reasons discussed in the Regulatory Planning and Review
section above, this rule will not have a significant economic impact on
a substantial number of small entities.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes,
[[Page 34886]]
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a special local regulation issued in
conjunction with a regatta or marine parade. This rule is categorically
excluded, under figure 2-1, paragraph (34)(h), of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.35T07-0102 to read as follows:
Sec. 100.35T07-0102 Special Local Regulations; ODBA Draggin' on the
Waccamaw, Atlantic Intracoastal Waterway, Bucksport, SC.
(a) Regulated Area. The following regulated area is established as
a special local regulation: All waters of the Atlantic Intracoastal
Waterway encompassed within an Imaginary line connecting the following
points; starting at point 1 in position 33[deg]39'11.46'' N
079[deg]05'36.78'' W; thence west to point 2 in position
33[deg]39'12.18'' N 079[deg]05'47.76'' W; thence south to point 3 in
position 33[deg]38'39.48'' N 079[deg]05'37.44'' W; thence east to point
4 in position 33[deg]38'42.3'' N 079[deg]05'30.6'' W; thence north back
to origin. All coordinates are North American Datum 1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
(c) Regulations. (1) All persons and vessels, except those persons
and vessels participating in the event, are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
area unless authorized by the Captain of the Port Charleston or a
designated representative.
(2) Nonparticipant 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 seek
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 permission must comply with the instructions of the
Captain of the Port Charleston or a designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Broadcast Notice to Mariners, Local Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement Period. This rule will be enforced daily from 11:00
a.m. until 7:30 p.m. on June 22, 2013, through June 23, 2013.
Dated: May 6, 2013.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2013-13758 Filed 6-10-13; 8:45 am]
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