[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Rules and Regulations]
[Pages 37810-37812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15512]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0201]
RIN 1625-AA08


Special Local Regulations; ODBA Draggin' on the Waccamaw, 
Atlantic Intracoastal Waterway, Bucksport, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing special local regulations on 
the Atlantic Intracoastal Waterway in Bucksport, South Carolina during 
the ODBA Draggin' on the Waccamaw, a series of high-speed boat races. 
The event will take place on Saturday, June 23, 2012 and Sunday, June 
24, 2012. Approximately 40 high-speed race boats are anticipated to 
participate in the races. These special local regulations are necessary 
to provide for the safety of life and property on navigable waters of 
the United States during the event. These special local regulations 
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 from 11:30 a.m. on June 23, 2012 through 
7:30 p.m. on June 24, 2012. This rule will be enforced daily from 11:30 
a.m. until 7:30 p.m. on June 23, 2012 through June 24, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0201 and are available online 
by going to http://www.regulations.gov, inserting USCG-2012-0201 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 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 
temporary rule, call or email Ensign John R. Santorum, Sector 
Charleston Waterways Management Division, Coast Guard; telephone (843) 
740-3184, email [email protected]. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On April 24, 2012, we 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 (76 FR 79571). 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. Delaying the effective date of 
this rule would be impracticable and contrary to public interest. The 
Coast Guard published an NPRM for this event, but did not have 
sufficient time to publish a Final Rule more than 30 days prior to the 
event. Rescheduling the event to accommodate the delayed effective date 
would be contrary to the public interest of the event organizers, 
sponsors and participants who expect the event to take place as 
scheduled.

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.

Discussion of Rule

    On Saturday, June 23, 2012 and Sunday, June 24, 2012, 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 40 high-speed race boats are anticipated to participate 
in the races.
    The special local regulations encompass certain waters of the 
Atlantic Intracoastal Waterway in Bucksport, South Carolina. The 
special local regulations will be enforced daily from 11:30 a.m. until 
7:30 p.m. on June 23, 2012 through June 24, 2012. The special local 
regulations consist 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

[[Page 37811]]

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 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 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.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    Executive Orders 13563, Improving Regulation and Regulatory Review, 
and 12866, Regulatory Planning and Review, 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 (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a significant regulatory 
action under section 3(f) of Executive Order 12866. Accordingly, the 
Office of Management and Budget has not reviewed this rule under 
Executive Order 12866.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulations will be in 
enforced for only sixteen hours over a two-day period; (2) although 
persons and vessels will not be able to enter, transit through, anchor 
in, or remain within the regulated 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; (3) 
persons and vessels may still enter, transit through, anchor in, or 
remain within the regulated area if authorized by the Captain of the 
Port Charleston or a designated representative; and (4) the Coast Guard 
will provide advance notification of the regulated area to the local 
maritime community by Local Notice to Mariners and Broadcast Notice to 
Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 of the 
Atlantic Intracoastal Waterway encompassed within the regulated area 
from 11:30 a.m. until 7:30 p.m. on June 23, 2012 and June 24, 2012. 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

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).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

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

[[Page 37812]]

health or risk to safety that may disproportionately affect children.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph (34) 
(h), of the Instruction. This rule involves special local regulations 
issued in conjunction a regatta or marine parade. Under figure 2-1, 
paragraph (34) (h), of the instruction, an environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket where indicated under ADDRESSES.

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.  100.35T07-0201 to read as follows:


Sec.  100.35T07-0201  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 
area.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
areas unless authorized by the Captain of the Port Charleston or a 
designated representative.
    (2) 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 11:30 
a.m. until 7:30 p.m. on June 23, 2012 through June 24, 2012.

    Dated: June 6, 2012.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-15512 Filed 6-21-12; 11:15 am]
BILLING CODE 9110-04-P