[Federal Register Volume 79, Number 123 (Thursday, June 26, 2014)]
[Rules and Regulations]
[Pages 36207-36209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14898]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0005]
RIN 1625-AA08


Special Local Regulations; Beaufort Water Festival, Beaufort, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation 
pertaining to the Beaufort Water Festival from 11:30 a.m. through 4:30 
p.m. on July 19, 2014. This action is necessary to ensure safety of 
life on navigable waters of the United States during the Beaufort Water 
Festival Air Show. During the enforcement period, the special local 
regulation establishes a regulated area which all people and vessels 
will be prohibited from entering, transiting through, anchoring, or 
remaining within. Vessels may enter, transit through, anchor in, or 
remain within the area if authorized by the Captain of the Port 
Charleston or a designated representative.

DATES: This rule is effective and will be enforced from 11:00 a.m. 
until 5:00 p.m. on July 19, 2014.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2014-0005 and are available online 
by going to http://www.regulations.gov, inserting USCG-2014-0005 in the 
``Keyword'' box, and then clicking ``Search.'' They are 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 rule, 
call or email CWO Christopher Ruleman, Sector Charleston Office of 
Waterways Management, Coast Guard; telephone 843-740-3184, email 
[email protected]. If you have questions on viewing the 
docket, call Cheryl Collins, 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 April 19, 2014, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations; Beaufort Water Festival, 
Beaufort, SC in the Federal Register (79 FR 21661). We received no 
comments on the proposed rule. No public meeting was requested, and 
none was held.

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 insure safety of life on navigable waters of the United 
States during the Beaufort Water Festival.

C. Discussion of Comments, Changes and the Final Rule

    This temporary rule creates a regulated area that will encompass a 
portion of the waterway that is 700 ft wide by 2600 ft in length, whose 
approximate corner coordinates are as follows: 32[deg]25'47'' N/
080[deg]40'44'' W, 32[deg]25'41'' N/080[deg]40'14'' W, 32[deg]25'35'' 
N/080[deg]40'16'' W, 32[deg]25'40'' N/080[deg]40'46'' W, Spectator 
vessels may safely transit outside the regulated area, but are 
prohibited from entering, transiting through, anchoring, or remaining 
within the regulated area. The Coast Guard may be assisted by other 
Federal, State, or local law enforcement agencies in enforcing this 
regulation. Persons and vessels may not enter, transit through, anchor 
in, or remain within the safety zone unless authorized by the Captain 
of the Port Charleston or a designated representative.
    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

[[Page 36208]]

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. The Coast Guard will provide notice of 
the special local regulation by Local Notice to Mariners, Broadcast 
Notice to Mariners, and on-scene designated representatives.

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, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a 
full regulatory evaluation is unnecessary. This rule may have some 
impact on the public, but these potential impacts will be minimal for 
the following reasons: (1) The rule will be in effect for only six 
hours; (2) although persons and vessels will not be able to enter, 
transit through, anchor in, or remain within the buffer zones 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) advance notification will be made to the local 
maritime community via broadcast notice to mariners.

2. Impact on 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 received 0 comments from the Small Business 
Administration on this rule.
    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 
Beaufort River from 11:00 a.m. until 5:00 p.m. on July 19, 2014. 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 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 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 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 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 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.

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.

[[Page 36209]]

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 concluded 
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. An environmental analysis checklist and a 
Categorical Exclusion Determination were completed for this event in 
previous years. Since this event has remained materially unchanged from 
the time of the prior determinations, a new environmental analysis 
checklist and Categorical Exclusion Determination were not completed 
for 2014. The previously completed environmental analysis checklist and 
Categorical Exclusion Determination can be found in docket folder for 
USCG-2013-0213 at www.regulations.gov. 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.T07-0005 to read as follows:


Sec.  100.T07-0005  Special Local Regulations; Beaufort Water Festival, 
Beaufort, SC.

    (a) Regulated Area. The following location is a regulated area: 
Certain waters of the Beaufort River, within the following points; 
32[deg]25'47'' N/080[deg]40'44'' W, 32[deg]25'41'' N/080[deg]40'14'' W, 
32[deg]25'35'' N/080[deg]40'16'' W, 32[deg]25'40'' N/080[deg]40'46'' W. 
All coordinates are North American Datum 1983. This zone will create a 
regulated area that will encompass a portion of the waterway that is 
700 ft wide by 2600 ft in length.
    (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 Beaufort Water Festival Air Show, or serving as 
safety vessels, are prohibited from entering, transiting through, 
anchoring, 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 from 11:30 a.m. 
until 4:30 p.m. on July 19, 2014.

    Dated: June 2, 2014.
R.R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2014-14898 Filed 6-25-14; 8:45 am]
BILLING CODE 9110-04-P