6196 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Proposed Rules 

Dated: February 2, 2016. 

Chuck Rosenberg, 

Acting Administrator. 

[FR Doc. 2016–02305 Filed 2–4–16; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2015–1055] 

RIN 1625–AA08 

Special Local Regulation; Charleston 

Race Week, Charleston Harbor, 

Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a special local regulation on 

the waters of Charleston Harbor in 

Charleston, SC during the Charleston 

Race Week from April 15, 2016 through 

April 17, 2016. This special local 

regulation is necessary to ensure the 

safety of participants, spectators, and 

the general public during the event. 

This proposed rulemaking would 

prohibit persons and vessels from being 

in the regulated 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 March 7, 2016. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2015–1055 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Lieutenant 

John Downing, Sector Charleston Office 

of Waterways Management, Coast 

Guard; telephone (843) 740–3184, email 

John.Z.Downing@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

E.O. Executive order 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port 

II. Background, Purpose, and Legal 

Basis 

On November 18, 2015, the 

Charleston Ocean Racing Association 

notified the Coast Guard that it will be 

sponsoring a series of sailboat races 

from 8:30 a.m. to 5 p.m. from April 15, 

2016 through April 17, 2016. 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 on the navigable 

water of the United States during the 

Charleston Race Week. 

III. Discussion of Proposed Rule 

The COTP proposes to establish a 

special local regulation on the waters of 

Charleston Harbor in Charleston, South 

Carolina during Charleston Race Week. 

The races are scheduled to take place 

from Friday, April 15, 2016 through 

Sunday, April 17, 2016. Approximately 

285 sailboats are anticipated to 

participate in the races, and 

approximately 30 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 

local regulation by Local Notice to 

Mariners, Broadcast Notice to Mariners, 

and on-scene designated 

representatives. 

IV. 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 and 

executive orders. 

A. Regulatory Planning and Review 

E.O.s 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. E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This NPRM has not been 

designated a ‘‘significant regulatory 

action,’’ under E.O. 12866. Accordingly, 

the NPRM has not been reviewed by the 

Office of Management and Budget. 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) Non-participant persons and 

vessels may enter, transit through, 

anchor in, or remain within the 

regulated area during the enforcement 

periods if authorized by the Captain of 

the Port Charleston or a designated 

representative; (2) vessels not 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 may operate in the 

surrounding areas during the 

enforcement period; and (3) the Coast 

Guard will provide advance notification 

of the special local regulation 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’’ 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 proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

We have considered the impact of this 

proposed rule on 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 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Proposed Rules 6197 

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. 

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 section. 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. 

C. Collection of Information 

This proposed rule would 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 E.O. 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 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in E.O. 13132. 

Also, this proposed rule does not have 

tribal implications under E.O. 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. If you 

believe this proposed rule has 

implications for federalism or Indian 

tribes, please contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section above. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. 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 (42 

U.S.C. 4321–4370f), and have made a 

preliminary determination 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 proposed rule 

involves 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. 

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. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. 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. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, you may review a Privacy 

Act notice regarding the Federal Docket 

Management System in the March 24, 

2005, issue of the Federal Register (70 

FR 15086). 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

Web site’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

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 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary § 100.35T07–1055 

to read as follows: 

§ 100.35T07–1055 Special Local 

Regulation; Charleston Race Week, 

Charleston Harbor, Charleston, SC. 

(a) Regulated Area. The rule 

establishes special local regulations on 

certain waters of Charleston Harbor in 

Charleston, South Carolina. The special 

local regulations will be enforced daily 

from 8:30 a.m. until 5 p.m. from April 

15, 2016 through April 17, 2016. The 

special local regulations consist of the 

following three race areas. 

1. Race Area #1. All waters 

encompassed within an 700 yard radius 

of position 32°46′10′′ N., 79°55′15′′ W. 

2. Race Area #2. All waters 

encompassed within a 700 yard radius 

of position 32°46′02′′ N., 79°54′15′′ W. 

3. Race Area #3. All waters 

encompassed within a 700 yard radius 

of position 32°45′55′′ N., 79°53′39′′ W. 

(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 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

6198 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Proposed Rules 

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, except 

persons and vessels participating in 

Charleston Race Week or serving as 

safety vessels. 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 April 15 through April 

17, 2016 from 8:30 a.m. to 5 p.m. daily. 

Dated: January 12, 2016. 

G. L. Tomasulo, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2016–02280 Filed 2–4–16; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORTATION 

Saint Lawrence Seaway Development 

Corporation 

33 CFR Part 401 

[Docket No. SLSDC–2016–0004] 

2135–AA39 

Seaway Regulations and Rules: 

Periodic Update, Various Categories 

AGENCY: Saint Lawrence Seaway 

Development Corporation, DOT. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The Saint Lawrence Seaway 

Development Corporation (SLSDC) and 

the St. Lawrence Seaway Management 

Corporation (SLSMC) of Canada, under 

international agreement, jointly publish 

and presently administer the St. 

Lawrence Seaway Regulations and 

Rules (Practices and Procedures in 

Canada) in their respective jurisdictions. 

Under agreement with the SLSMC, the 

SLSDC is amending the joint regulations 

by updating the Seaway Regulations and 

Rules in various categories. The changes 

will update the following sections of the 

Regulations and Rules: Condition of 

Vessels; Seaway Navigation; and, 

Information and Reports. These 

amendments are necessary to take 

account of updated procedures and will 

enhance the safety of transits through 

the Seaway. Several of the amendments 

are merely editorial or for clarification 

of existing requirements. 

DATES: Comments are due March 7, 

2016. 

ADDRESSES: Docket: For access to the 

docket to read background documents 

or comments received, go to http://

www.Regulations.gov; or in person at 

the Docket Management Facility; U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–001, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal Holidays. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Mann Lavigne, Chief Counsel, 

Saint Lawrence Seaway Development 

Corporation, 180 Andrews Street, 

Massena, New York 13662; 315/764– 

3200. 

SUPPLEMENTARY INFORMATION: The Saint 

Lawrence Seaway Development 

Corporation (SLSDC) and the St. 

Lawrence Seaway Management 

Corporation (SLSMC) of Canada, under 

international agreement, jointly publish 

and presently administer the St. 

Lawrence Seaway Regulations and 

Rules (Practices and Procedures in 

Canada) in their respective jurisdictions. 

Under agreement with the SLSMC, the 

SLSDC is amending the joint regulations 

by updating the Regulations and Rules 

in various categories. The changes will 

update the following sections of the 

Regulations and Rules: Condition of 

Vessels; Seaway Navigation; and, 

Information and Reports. These updates 

are necessary to take account of updated 

procedures which will enhance the 

safety of transits through the Seaway. 

Many of these changes are to clarify 

existing requirements in the regulations. 

Where new requirements or regulations 

are made, an explanation for such a 

change is provided below. 

Regulatory Notices: Privacy Act: 

Anyone is able to search the electronic 

form of all 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 DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (Volume 65, Number 70; Pages 

19477–78) or you may visit http://

www.Regulations.gov. 

The SLSDC is amending four sections 

of the Condition of Vessels portion of 

the joint Seaway regulations. In section 

401.10, ‘‘Mooring lines’’, the two 

Corporations are proposing to permit 

vessels not greater than 200 m in overall 

length to use soft lines instead of wire 

lines. Over the past 3 years, vessels 

greater than 150 m in overall length 

have been permitted to use type 

approved soft lines on a test basis, with 

successful results. Based on these same 

results, the SLSDC is proposing to 

amend section 401.11, ‘‘Minimum 

Requirements—mooring lines and 

fairleads’’ to permit the operator of 

vessels of more than 150 m but not more 

than 200 m to use either soft or wire 

lines. 

In 401.13, ‘‘Hand lines’’, the SLSDC is 

proposing to change the maximum 

diameter of hand lines to 18 mm from 

17 mm due to the fact that 17 mm lines 

are no longer available. The proposed 

change to 401.17, ‘‘Pitch indicators and 

alarms,’’ would make a minor 

administrative change by removing the 

effective date for the requirement. 

In the Seaway Navigation portion of 

the regulations, the two Corporations 

are proposing to make changes in 

several sections. Section 401.29, 

‘‘Maximum draft’’, is being restructured 

in order to clarify the requirements for 

use of an operational Draft Information 

System. In 401.37, ‘‘Mooring at tie-up 

walls’’, the Seaway Corporations are 

proposing to require that crew members 

handling lines on tie-up walls wear 

approved personal flotation devices 

instead of life jackets that can be unsafe 

due to their bulky nature. The SLSDC is 

proposing to change the requirement in 

401.45, ‘‘Emergency procedures’’, to 

make clear that when a vessel is 

entering the locks too fast in an 

emergency situation, the vessel will not 

be required to deploy mooring lines. 

In the Information and Reports 

section, a change to section 401.79, 

‘‘Advance notice of arrival, vessels 

requiring inspection’’ is being proposed 

that would require all foreign flagged 

vessels of 300 GRT or above to submit 

an electronic Notice of Arrival. 

The other changes to the joint 

regulations are merely editorial or to 

clarify existing requirements. 

Regulatory Evaluation 

This proposed regulation involves a 

foreign affairs function of the United 

States and therefore Executive Order 

12866 does not apply and evaluation 

under the Department of 

mstockstill on DSK4VPTVN1PROD with PROPOSALS