[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Rules and Regulations]
[Pages 41215-41217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14985]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0185]
RIN 1625-AA08


Special Local Regulation; Beaufort Water Festival, Beaufort, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a special local regulation on 
the waters of the Beaufort River, Beaufort, South Carolina, during the 
Beaufort Water Festival on July 23, 2016. This special local regulation 
is necessary to ensure safety of life on navigable waters of the United 
States during the Beaufort Water Festival Air Show. This regulation 
prohibits persons and vessels from being in the regulated area unless 
authorized by the Captain of the Port Charleston or a designated 
representative.

DATES: This rule is effective on July 23, 2016 from noon through 5:00 
p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0185 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Lieutenant John Downing, Sector Charleston Office of 
Waterways Management, Coast Guard; telephone (843) 740-3184, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    On March 3, 2016, the Coast Guard received a marine event 
application for the 2016 Beaufort Water Festival Air Show that will 
take place from noon to 5 p.m. on July 23, 2016. In response, on May 
16, 2016, the Coast Guard published a notice of proposed rulemaking 
titled Special Local Regulation; Beaufort Water Festival, Beaufort, SC. 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this special local regulation. 
During the comment period that ended June 15, 2016, we received no 
comments.

III. Legal Authority and Need for Rule

    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 Beaufort Water Festival Air Show.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published May 
16, 2016. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM. On July 23, 2016 from noon to 5 p.m. 
Approximately 100 spectator vessels are expected to attend the event. 
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 the special

[[Page 41216]]

local regulation by Local Notice to Mariners, Broadcast Notice to 
Mariners, and on-scene designated representatives.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 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. 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 Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget. 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 not significant for the 
following reasons: (1) The special local regulations will be enforced 
for only five hours; (2) although persons and vessels will not be able 
to enter, transit through, anchor, or remain within the regulated area 
without authorization from the Captain of the Port Charleston or a 
designated representative, they will be able to operate in the 
surrounding area during the enforcement periods; (3) persons and 
vessels will 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 
will provide advance notification of the regulated area to the local 
maritime community by Local Notice to Mariners and Broadcast Notice to 
Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 received no comments from the Small Business 
Administration on this rulemaking. 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 owner or operators of vessels intending to enter, 
transit through, anchor in, or remain within the regulated area during 
the enforcement period. For the reasons discussed in Regulatory 
Planning and Review section above, this rule will not have a 
significant economic impact on a substantial number of 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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. 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.

F. 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 (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 from 
further review under paragraph 34(h) of Figure 2-1 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.

[[Page 41217]]

G. 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.

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 Sec.  100.35T07-0185 to read as follows:


Sec.  100.35T07-0185  Special Local Regulations; Beaufort Water 
Festival, Beaufort, SC.

    (a) Regulated area. This rule establishes a special local 
regulation on certain waters of the Beaufort River, Beaufort, South 
Carolina. The special local regulation will create a regulated area 
that will encompass a portion of the waterway that is 700 ft wide by 
2600 ft in length on waters of the Beaufort River encompassed within 
the following points (all coordinates are North American Datum 1983): 
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.
    (b) Definition. As used in this section, ``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 Airshow, 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 period. This rule will be enforced July 23, 2016 
from noon until 5 p.m.

    Dated: June 20, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-14985 Filed 6-23-16; 8:45 am]
 BILLING CODE 9110-04-P