[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Rules and Regulations]
[Pages 50160-50162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25161]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-98-008]
RIN 2115-AE46


Special Local Regulations; Around Alone Sailboat Race, 
Charleston, SC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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[[Page 50161]]

SUMMARY: The Coast Guard is revising the temporary special local 
regulations that created a regulated area in the coastal waters off 
Charleston, SC, for the Around Alone single-handed sailboat race, 
sponsored by Great Adventures, Ltd. The revisions to the dimensions of 
the regulated area include extending the area further offshore and will 
ensure a more controlled start and safer passage for the participants 
once the race has begun. These regulations are necessary to provide for 
the safety of life on navigable waters because of the expected presence 
of numerous spectator craft.

DATES: This section becomes effective from 10 am until 2 pm (EDT) on 
September 26, 1998.

FOR FURTHER INFORMATION CONTACT:
LTJG S. Brisco, Project Manager, Coast Guard Group Charleston at (843) 
724-7628.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    The Coast Guard published a Notice of Proposed Rulemaking in the 
Federal Register on March 30, 1998 (63 FR 15115) and the Final Rule on 
July 2, 1998 (63 FR 36181).

Background and Purpose

    These regulations revised the size and location of the regulated 
area and are needed to provide for the safety of life during the start 
of the Around Alone 1998-99 sailing race. These revised regulations are 
intended to promote safe navigation offshore of Charleston Harbor 
immediately before, during, and after the start of the race, by 
creating a larger area to control 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.
    The regulated area will encompasses an area south of Charleston 
Harbor entrance lighted buoy 7 (LLNR 2405). Eight conspicuous markers 
will indicate the boundaries of the regulated area. These regulations 
prohibit the movement of spectator vessels and other non-participants 
within the regulated area on September 26, 1998, between 10 a.m. and 2 
p.m., at the discretion of the Coast Guard Patrol Commander.
    In accordance with 5 U.S.C. 533, a notice of proposed rulemaking 
has not been published for these revised regulations and good cause 
exists for making them effective in less than 30 days from the date of 
publication in the Federal Register. Following normal rulemaking 
procedures would have been impracticable. The decision to increase the 
size of the regulated area for safety purposes was not made with 
sufficient time remaining to publish proposed rules in advance of the 
event or to provide for delayed effective date.

Regulatory Evaluation

    This revised rule 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. The Office of Management and Budget has exempted it from 
review under that order. It is not significant under the regulatory 
polices 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. The revised regulations will only be in effective for 
approximately 4 hours on September 26, 1998.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this revised rule will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their field, and governmental jurisdictions with 
populations of less than 50,000.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this revised rule will not have a significant economic impact on a 
substantial number of small entities because the increase in the size 
of the regulated area is not significant, and it would be in effect for 
only 4 hours in a limited area outside Charleston harbor.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3051 et seq.)

Federalism

    The Coast Guard has analyzed this action in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
revised rule, and has determined pursuant figure 2-1, paragraph #34(h) 
of Commandant Instruction M16475.1C, that this proposal is 
categorically excluded from further environmental documentation. A 
Categorical Exclusion Determination is available in the docket for 
inspection and 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--[AMENDED]

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. Revise section 100.35T-07-008 to read as follows:


Sec. 100.35T-07-008  Around Alone 1998-99 Sailing Race; Charleston, SC.

    (a) Definitions:
    (1) Regulated area. The regulated area includes the waters off 
Charleston, SC, in an area bounded by eight points located at 32-
42.112N, 79-48.008W; 32-41.711N, 79-47.329W; 32-41.676N, 79-46.730W; 
32-41.169N, 79-45.737W; 32-40.033N, 79-46.709W; 32-40.619N, 79-47.671W; 
32-41.091N, 79-47.867W; 32-41.554N, 79-48.591W. All coordinates 
reference Datum: NAD 83. Each of these eight points will be 
conspicuously marked with a marker.
    (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) Entry into the regulated area by 
other than event participants is prohibited, unless otherwise 
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 only follow 
the participants out of Charleston

[[Page 50162]]

Harbor to the race starting area if they maintain a minimum distance of 
500 yards behind the last participant, at the discretion of the Patrol 
Commander. Upon completion of the start of the race and when the last 
race participant has passed the outermost boundary of the regulated 
area, all vessels may resume normal operations.
    (4) The regulations specified in this paragraph apply only within 
the navigable waters of the United States. In the waters within the 
regulated area that are outside the navigable waters of the United 
States, the following nonobligatory guidelines apply.
    (i) All unaffiliated vessels should remain clear of the regulated 
area and avoid interfering with any Around Alone participant or Coast 
Guard vessel. Interference with participants or any race activity may 
constitute a safety hazard warranting cancellation or termination of 
all or part of the Around Alone activities by the Captain of the Port.
    (ii) Any unauthorized entry into the zone by unaffiliated vessels 
constitutes a risk to the safety of marine traffic. Such entry will 
constitute a factor to be considered in determining whether a person 
has operated a vessel in a negligent manner in violation of 46 U.S.C. 
2302.
    (c) Date. This section becomes effective at 10 a.m. and terminates 
at 2 p.m. EDT on September 26, 1998.

    Dated: September 10, 1998.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 98-25161 Filed 9-18-98; 8:45 am]
BILLING CODE 4910-15-M