[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42032-42034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17477]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0192]
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 12:00 p.m. through 4:00 
p.m. on July 26, 2015. 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, this 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 on July 26, 2015, and will be enforced 
from 12:00 p.m. until 4:00 p.m.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2015-0192 and are available online 
by going to http://www.regulations.gov, inserting USCG-2015-0192 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 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

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 March 19, 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. 
In addition, any delay in the effective date of this rule would be 
impracticable for the same insufficient time as noted above and because 
immediate action is needed to minimize potential danger to the race 
participants, spectators and the 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 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 Beaufort River that is 700 ft wide by 2600 ft in length, 
west of the Woods Memorial Bridge in front of Waterfront Park in 
Beaufort, SC. 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,

[[Page 42033]]

anchor in, or remain within the regulated area 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 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 this 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 four 
hours; (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) 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 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 12:00 p.m. until 4:00 p.m. on July 26, 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 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.

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 42034]]

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. 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.T07-0192 to read as follows:


Sec.  100.T07-0192  Special Local Regulations; Beaufort Water Festival, 
Beaufort, SC.

    (a) Regulated areas. The following regulated area that will 
encompass a portion of the Beaufort River 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.
    (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 are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless otherwise 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 areas 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.
    (3) The Coast Guard will provide notice of the regulated area 
through advanced notice via broadcast notice to mariners and by on-
scene designated representatives.
    (d) Enforcement date. This rule will be enforced from 12:00 p.m. to 
4:00 p.m. on July 26, 2015.

    Dated: June 30, 2015.
B.D. Falk,
Commander, U.S. Coast Guard, Acting Captain of the Port Charleston.
[FR Doc. 2015-17477 Filed 7-15-15; 8:45 am]
BILLING CODE 9110-04-P