[Federal Register Volume 62, Number 41 (Monday, March 3, 1997)]
[Proposed Rules]
[Pages 9405-9406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5066]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD07-97-005]
RIN 2115-AE46
Special Local Regulations; Charleston to Bermuda Sailboat Race,
Charleston, SC
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish temporary special local
regulations for the Charleston to Bermuda Sailboat Race. The race would
start on May 11, 1997, between the hours of 11 a.m. and 3 p.m. Eastern
Daylight Time (EDT) near Waterfront Park on the Charleston Peninsula,
and would transit out to sea by the South, Mount Pleasant, and Fort
Sumter Ranges in Charleston Harbor. The nature of the event and the
closure of portions of Charleston Harbor creates an extra or unusual
hazard on the navigable waters of Charleston Harbor, Charleston, SC.
These regulations are necessary for the safety of life on the navigable
waters during the event.
DATES: Comments must be received on or before April 2, 1997.
ADDRESSES: Comments may be mailed to Commander, U.S. Coast Guard Group
Charleston, 196 Tradd Street, Charleston, SC 29401, or may be delivered
to the Operations Office at the same address between 7:30 a.m. and 3:30
p.m. Monday through Friday, except federal holidays. The telephone
number is (803) 724-7621.
FOR FURTHER INFORMATION CONTACT: ENS M.J. DaPonte, Project Manager,
Coast Guard Group Charleston, SC at (803) 724-7621.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their name and address,
identify this rulemaking (CGD07-97-005) and the specific section of
this proposal to which each comment applies, and give a reason for each
comment. Persons desiring acknowledgment of receipt of comments should
enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in the view of the
comments. The Coast Guard plans no public hearing. Persons may request
a public hearing by writing to the Project Manager at the address under
ADDRESSES. If it is determined that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at the time and place announced by a later notice in the
Federal Register.
Background and Purpose
The proposed regulations are needed to provide for the safety of
life during the start of the Charleston to Bermuda Sailboat Race. These
proposed regulations are intended to promote safe navigation in
Charleston Harbor immediately before, during, and immediately after the
start of the race by controlling the traffic entering, exiting, and
traveling within the regulated area. The anticipated concentration of
commercial traffic, spectator vessels, and participating vessels
associated with the race poses a safety concern which is addressed in
these proposed special local regulations.
The proposed regulations would not permit the entry or movement of
spectator vessels and other non-participating vessel traffic between
the starting area at the southern end of Commercial Anchorage Area D
(33 CFR 110.173), and the entrance to the Charleston Harbor jetties on
Saturday, May 11, 1997, from 10 a.m. to 3 p.m. EDT. These proposed
regulations would permit the movement of spectator vessels and other
non-participants within the regulated area before the start of the
race, and after the last participant clears the Charleston Harbor
jetties at the discretion of the Coast Guard Patrol Commander.
[[Page 9406]]
Regulatory Evaluation
This proposal is not a major significant regulatory action under
section 3(f) of executive order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has been exempted from review by the Office of
Management and Budget under that order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the
economic impact of this proposal to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of DOT is unnecessary. The proposed regulations would
last for only 5 hours on May 11, 1997.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
Entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632).
The Coast Guard expects the economic impact of this proposal to be
minimal, and certifies under 5 U.S.C. 605(b) that this proposal, if
adopted, would not have a significant impact on a substantial number of
small entities. The regulated area would be in effect for only 5 hours
in a limited area of Charleston harbor.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
Federalism
The Coast Guard has analyzed this proposal in accordance with the
principals and criteria contained in Executive Order 12612 and has
determined that this proposal does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has reviewed this action and it has been determined
to be categorically excluded from further environmental documentation
in accordance with section 2.B.2(34)(h) of Commandant Instruction
M16475.1B. A written Categorical Exclusion Determination will be
prepared and included as part of the final rule.
List of Subjects in 33 CFR Part 1009
Marine safety, Navigation (water), Reporting and record keeping
requirements, Waterways.
Proposed Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend Part 100 of Title 33, Code of Federal Regulations, as follows:
PART 100--[AMENDED]
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46.
2. A new section 100.725 is added to read as follows:
Sec. 100.725 Charleston to Bermuda Sailboat Race; Charleston Harbor,
Charleston, SC.
(a) Definitions:
(1) Regulated area. The regulated area includes all waters of
Charleston Harbor, Charleston, SC and the Atlantic Ocean within the
following points:
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Point Latitude Longitude
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A............. 32 deg.47'06'' N..... 079 deg.55'25'' W, then to
B............. 32 deg.47'06'' N..... 079 deg.55'05'' W, then to
C............. 32 deg.46'00'' N..... 079 deg.55'00'' W, then to
D............. 32 deg.45'41'' N..... 079 deg.54'37'' W, then to
E............. 32 deg.45'41'' N..... 079 deg.51'54'' W, then to
F............. 32 deg.44'30'' N..... 079 deg.50'35'' W, then to
G............. 32 deg.43'24'' N..... 079 deg.48'16'' W, then to
H............. 32 deg.43'02'' N..... 079 deg.48'30'' W, then to
I............. 32 deg.44'14'' N..... 079 deg.50'51'' W, then to
J............. 32 deg.45'25'' N..... 079 deg.52'04'' W, then to
K............. 32 deg.45'25'' N..... 079 deg.55'00'' W, then to
L............. 32 deg.45'41'' N..... 079 deg.55'22'' W, thence
back to point A.
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All coordinates referenced use datum: NAD 83.
(2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the Coast Guard who has
been designated by the Commander, Coast Guard Group Charleston, SC.
(b) Special local regulations. (1) No person or vessel may enter,
transit, or remain in the regulated area unless participating in the
event or authorized by the Coast Guard Patrol Commander.
(2) The Coast Guard Patrol Commander may delay, modify, or cancel
the race as conditions or circumstances require. The Coast Guard Patrol
Commander shall monitor the start of the race with the race committee,
to allow for a window of opportunity for the race participants to
depart the harbor with minimal interference with inbound or outbound
commercial traffic.
(3) Spectator and other non-participating vessels may follow the
participants out to sea while maintaining a minimum distance of 500
yards behind the last participant, at the discretion of the Patrol
Commander. Upon the transit of the last race participant past the
outermost boundary of the Charleston jetties, all vessels may resume
normal operations.
(c) Effective Date. This section is effective at 10 a.m. and
terminates at 3 p.m. EDT on May 11, 1997.
Dated: February 20, 1997.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 97-5066 Filed 2-28-97; 8:45 am]
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