
[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]


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

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.

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

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 christopher.l.ruleman@uscg.mil. 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]
 BILLING CODE 9110-04-P


