[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Proposed Rules]
[Pages 16205-16208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05710]


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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; Dragging on the Waccamaw, Atlantic 
Intracoastal Waterway; Bucksport, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local 
regulations on the Atlantic Intracoastal Waterway in Bucksport, South 
Carolina during the Outboard Drag Boat Association (ODBA) dragging on 
the Waccamaw, a series of high-speed boat races. The event is scheduled 
to take place on 11:00 a.m. Saturday, June 22, 2013, through 7:30 p.m. 
Sunday, June 23, 2013. Approximately 50 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 would temporarily restrict vessel 
traffic in a portion of the Atlantic Intracoastal Waterway. Persons and 
vessels that are not participating in the races would be prohibited 
from entering, transiting through, anchoring in, or remaining within 
the restricted area unless authorized by the Captain of the Port 
Charleston or a designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 30, 2013. Requests for public meetings must be 
received by the Coast Guard on or before April 15, 2013.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries

[[Page 16206]]

accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Chief Warrant Officer Christopher Ruleman, Sector 
Charleston Office of Waterways Management, Coast Guard; telephone (843) 
740-3184, email [email protected]. If you have questions 
on viewing or submitting material to 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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2013-0102] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2013-0102) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for one on or before April 15, 2013 using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register. For information on facilities or 
services for individuals with disabilities or to request special 
assistance at the public meeting, contact the person named in the FOR 
FURTHER INFORMATION CONTACT section, above.

B. Basis and Purpose

    The legal basis for the proposed rule is the Coast Guard's 
authority to establish special local regulations: 33 U.S.C. 1233. The 
purpose of the proposed rule is to ensure safety of life and property 
on the navigable waters of the United States during the ODBA Dragging 
on the Waccamaw boat races.

C. Discussion of Proposed Rule

    On Saturday, June 22, 2013, and Sunday, June 23, 2013 the Outboard 
Drag Boat Association (ODBA) will host ``Dragging 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 proposed rule would establish a special local regulation that 
encompass certain waters of the Intracoastal Waterway in Bucksport, 
South Carolina. The special local regulation would be enforced daily 
from 10:30 a.m. until 7:30 p.m. on June 22, 2013 through June 23, 2013. 
The special local regulation would consist of a regulated area around 
vessels participating in the event. The regulated area would be 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, 
except those participating in the race, would be prohibited from 
entering, transiting through, anchoring, or remaining within the 
regulated area unless specifically authorized by the Captain of the 
Port Charleston or a designated representative. Persons and vessels 
would be able to 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. 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 authorization 
would be required to comply with the instructions of the Captain of the 
Port Charleston or a designated representative. The Coast Guard would 
provide notice of the regulated areas by Local Notice to Mariners, 
Broadcast Notice to Mariners,

[[Page 16207]]

and on-scene designated representatives.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed 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 proposed rule is not significant for the following reasons: (1) 
The special local regulations would be enforced for only seventeen 
hours over a two-day period; (2) although persons and vessels would 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 would be able to 
operate in the surrounding area during the enforcement periods; (3) 
persons and vessels would still be able to 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 would provide advance notification of the regulated 
area to the local maritime community by Local Notice to Mariners and 
Broadcast Notice to Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities. 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. 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 10:30 a.m. until 7:30 p.m. 
on June 22, 2013 and June 23, 2013. For the reasons discussed in the 
Regulatory Planning and Review section 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.

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 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, above. 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.

4. Collection of Information

    This proposed rule will not call for a 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 proposed rule under that Order and 
determined that this rule 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause 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 proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

[[Page 16208]]

14. 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 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
involves establishing a special local regulation issued in conjunction 
with a regatta or marine parade, as described in figure 2-1, paragraph 
(34)(h), of the Instruction. Under figure 2-1, paragraph (34)(h) of the 
Instruction, an environmental analysis checklist and a categorical 
exclusion determination are not required for this proposed rule. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed 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 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.

0
2. Add a temporary Sec.  100.35T07-0102 to read as follows:


Sec.  100.35T07-0102  Special Local Regulations; ODBA Dragging on the 
Waccamaw, Atlantic Intracoastal Waterway, Bucksport, SC.

    (a) Regulated area. The rule establishes a special local regulation 
on certain waters of the Atlantic Intracoastal Waterway in Bucksport, 
South Carolina. The special local regulation will consist of a 
regulated area which will be enforced daily from 10:30 a.m. until 8:00 
p.m., on June 22, 2013 and June 23, 2013. The special local regulation 
would consist of a regulated area around vessels participating in the 
event. The following location is a regulated area: 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 participating in the 
Dragging on the Waccamaw, or serving as safety vessels, are prohibited 
from entering, transiting through, anchoring in, or remaining within 
the regulated area. 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 request 
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 authorization must comply with the instructions of the 
Captain of the Port Charleston or a designated representative.
    (2) The Coast Guard will provide notice of the regulated area by 
Marine Safety Information Bulletins, Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement Date. This rule will be enforced daily from 10:30 
a.m. until 8:00 p.m. on June 22, 2013 through June 23, 2013.

    Dated: March 1, 2013.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2013-05710 Filed 3-13-13; 8:45 am]
BILLING CODE 9110-04-P