[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Rules and Regulations]
[Pages 35239-35241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15186]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-0340]
RIN 1625-AA08
Special Local Regulations; Grand National Drag Boat Races,
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 Grand National Drag Boat Races, a series of high-speed boat races.
The event will take place on Saturday, June 20, 2015 and Sunday, June
21, 2015. Approximately 30 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 on June 20 and June 21, 2015. This rule
will be enforced daily from 9 a.m. until 7 p.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0340. 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
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking with
respect to this rule because the Coast Guard did not receive necessary
information about the event until April 23, 2015. As a result, the
Coast Guard did not have sufficient time to publish a notice of
proposed rulemaking and to receive public comments prior to the event.
Any delay in the effective date of this rule would be contrary to the
public interest because immediate action is needed to minimize
potential danger to the race participants, spectators and the general
public.
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 Grand National Drag Boat Races.
C. Discussion of Rule
On Saturday, June 20, 2015, and Sunday, June 21, 2015, the
Bucksport Marina will host Grand National Drag Boat Races, 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 30 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 9 a.m. until 7
p.m. on June 20, 2015 and June 21, 2015. The special local regulation
consists of a regulated area around vessels participating in the event.
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 representative.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the
[[Page 35240]]
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 not 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 9:00 a.m. until 7:00 p.m. on June 20, 2015 and June 21, 2015.
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
section 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
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.
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, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
[[Page 35241]]
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 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.
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.T07-0340 to read as follows:
Sec. 100.T07-0340 Special Local Regulations; Grand National Drag Boat
Races, 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 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 date. This rule will be enforced daily from 9 a.m.
until 7 p.m. on June 20 and June 21, 2015.
Dated: May 29, 2015.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2015-15186 Filed 6-18-15; 8:45 am]
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