[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Proposed Rules]
[Pages 31913-31915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.
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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 [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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]
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