[Federal Register Volume 62, Number 70 (Friday, April 11, 1997)]
[Rules and Regulations]
[Pages 17702-17704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9216]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for the Charleston to Bermuda Sailboat Race. The race will 
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 will 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.


[[Page 17703]]


EFFECTIVE DATE: These regulations become effective 10 a.m. and 
terminate 3 p.m. on May 11, 1997.

FOR FURTHER INFORMATION CONTACT:
 ENS M.J. DaPonte, Project Officer, Coast Guard Group Charleston at 
(803) 724-7621.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On March 3, 1997, the Coast Guard published a notice of proposed 
rulemaking entitled Charleston to Bermuda Sailboat Race, Charleston, SC 
[CGD07-97-005] in the Federal Register (62 FR 9405). The comment period 
ended on April 2, 1997. The Coast Guard received no comments during the 
notice of proposed rulemaking comment period. A public hearing was not 
requested and no hearing was held.

Background and Purpose

    These regulations are needed to provide for the safety of life 
during start of the Charleston to Bermuda Sailboat Race. The 
regulations are intended to promote safe navigation on 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 special 
local regulations.
    The regulations will 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 Sunday, 
May 11, 1997 from 10 a.m. to 3 p.m. EDT. These regulations will 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.

Regulatory Evaluation

    This rule is not a 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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10(e) of the regulatory policies and procedures of DOT is unnecessary. 
These regulations will 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 rule 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).
    For reasons set forth in the above Regulatory Evaluation, the Coast 
Guard expects the economic impact of this rule to be minimal, and 
certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant impact on a substantial number of small entities because 
the special local regulations will only be in effect for approximately 
5 hours in a limited area.

Collection of Information

    These regulations contain no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This action has been analyzed in accordance with the principals and 
criteria contained in Executive Order 12612 and it has been determined 
that this rulemaking does not have sufficient federalism implications 
to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
action and has determined pursuant to Section 2.B.2.e(34)(h) of 
Commandant Instruction M16475.1B that it is categorically excluded from 
further environmental documentation. A Categorical Exclusion 
Determination has been prepared and is available in the docket for 
inspection or copying.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

Temporary Regulations

    In consideration of the foregoing, the Coast Guard amends part 100 
of title 33, Code of Federal Regulations, as follows:

PART 100--MARINE EVENTS

    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 temporary section 100.35-T07-075 is added to read as 
follows:


Sec. 100.35-T07-075  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                              
----------------------------------------------------------------------------------------------------------------
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.........  ....................
----------------------------------------------------------------------------------------------------------------


[[Page 17704]]

Thence back to point A. 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) Regulations.
    (1) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless 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) This section is effective at 10 a.m. and terminates at 3 p.m. 
EDT on May 11, 1997.

    Dated: April 1, 1997.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 97-9216 Filed 4-10-97; 8:45 am]
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