[Federal Register Volume 64, Number 80 (Tuesday, April 27, 1999)]
[Rules and Regulations]
[Pages 22553-22554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10551]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-99-024]
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 22, 1999, 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.

DATES: These regulations become effective at 10:30 a.m. and terminate 
at 3 p.m. EDT on May 22, 1999.

FOR FURTHER INFORMATION CONTACT: LTJG A.L. Cooper, Project Officer, 
Coast Guard Group Charleston at (843) 720-7748.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    These regulations are needed to provide for safety of life during 
the 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 prohibit the entry or movement of spectator vessels 
and other non-anticipating 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 22, 1999, 
from 10:30 a.m. to 3 p.m. EDT. These regulations allow for the movement 
of spectator vessels and other no-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.
    In accordance with 5 U.S.C. 553, good cause exists for not 
publishing a notice of proposed rulemaking for this event, Publishing a 
NPRM and delaying its effective date would be contrary to national 
safety interests since immediate action is needed to minimize potential 
danger to the public as the date of the event was only recently 
finalized.

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 4.5 hours.

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 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 section 605(b) that this 
rule will not have a significant effect upon a substantial number of 
small entities as the harbor will only be affected for 4 hours and the 
event has been very publicized.

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.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
action and has determined pursuant to Figure 2-1, paragraph (34)(h) of 
Commandant Instruction M16475.1C, that this action is categorically 
excluded from further environmental documentation.

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 through 1236; 49 CFR 1.46; 33 CFR 
100.35.

    2. Temporary section 100.35T-07-024 is added to read as follows:


Sec. 100.35T-07-024  Charleston to Bermuda Sailboat Race, Charleston 
Harbor, Charleston, SC.

    (a) Regulated area. The regulated area includes all waters of 
Charleston Harbor, Charleston, SC, and the Atlantic Ocean within the 
following points:

(1) 32 deg.47'06'' N., 079 deg.55'25'' W. thence to
(2) 32 deg.47'06'' N., 079 deg.55'05'' W. thence to
(3) 32 deg.46'00'' N., 079 deg.55'00'' W. thence to
(4) 32 deg.47'17'' N., 079 deg.53'19'' W. thence to
(5) 32 deg.45'51'' N., 079 deg.53'23'' W. thence to
(6) 32 deg.45'44'' N., 079 deg.53'12'' W. thence to
(7) 32 deg.45'41'' N., 079 deg.51'54'' W. thence to
(8) 32 deg.44'30'' N., 079 deg.50'35'' W. thence to
(9) 32 deg.43'24'' N., 079 deg.48'16'' W. thence to
(10) 32 deg.43'02'' N., 079 deg.48'30'' W. thence to
(11) 32 deg.44'14'' N., 079 deg.50'51'' W. thence to
(12) 32 deg.45'25'' N., 079 deg.52'04'' W. thence to
(13) 32 deg.45'25'' N., 079 deg.55'00'' W. thence to

[[Page 22554]]

(14) 32 deg.45'41'' N., 079 deg.55'22'' W. thence back to point A. All 
coordinates referenced use Datum: NAD 83.

    (b) 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.
    (c) 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 outbaound 
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.
    (d) Dates: This section is effective at 10:30 a.m. and terminates 
at 3 p.m. EDT on May 22,1999.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 99-10551 Filed 4-26-99; 8:45 am]
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