[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34884-34886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13758]


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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; ODBA Draggin' on the Waccamaw, 
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 Outboard Drag Boat Association (ODBA) Draggin' on the Waccamaw, a 
series of high-speed boat races. The event will take place on Saturday, 
June 22, 2012 and Sunday, June 23, 2013. Approximately 50 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 June 22-23, 2013 and will be enforced 
daily from 11:00 a.m. until 7:30 p.m. on June 22, 2013 and June 23, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0102. 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
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On March 14, 2013, the Coast Guard 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 (78 FR 16205). 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. The Coast Guard did not receive 
information from the event sponsor early enough to both publish a NPRM 
and allow 30 days after publication before making this rule effective. 
The Coast Guard chose to notify the public and seek comment on this 
rule by publishing a NPRM. This final rule is necessary to protect the 
public and race participants during the regatta, and therefore, must be 
effective by the start of the event on June 22, 2013.

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 ODBA Draggin' on the Waccamaw boat races.

C. Discussion of Rule

    On Saturday, June 22, 2013, and Sunday, June 23, 2013, 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 50 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 11:00 a.m. until 
7:30 p.m. on June 22, 2012, through June 23, 2013. The special local 
regulation consists 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 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 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

[[Page 34885]]

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.

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 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 11:00 a.m. until 7:30 p.m. on June 22, 2012, through June 23, 
2013. 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, 
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 
INTFORMATION 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,

[[Page 34886]]

or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes.

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, under figure 2-1, paragraph (34)(h), of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are 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 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.  100.35T07-0102 to read as follows:


Sec.  100.35T07-0102  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 
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 Period. This rule will be enforced daily from 11:00 
a.m. until 7:30 p.m. on June 22, 2013, through June 23, 2013.

    Dated: May 6, 2013.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2013-13758 Filed 6-10-13; 8:45 am]
BILLING CODE 9110-04-P