[Federal Register Volume 64, Number 108 (Monday, June 7, 1999)]
[Proposed Rules]
[Pages 30273-30274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14288]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-99-019]
RIN 2115-AE46


Special Local Regulations; Charleston Harbor Grand Prix, 
Charleston, SC

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard amends its earlier notice that proposed to 
establish temporary special local regulations in the coastal waters off 
Isle of Palms, SC, for the Charleston Harbor Grand Prix. The Coast 
Guard recently received an amended permit application that moves the 
regulated area an additional mile offshore. The two day race will occur 
on August 14 and 15, 1999, between the hours of 12 p.m. and 3 p.m. each 
day, Eastern Daylight Time (EDT), in an offshore area northeast of 
Breach Inlet. The regulations are necessary to provide for the safety 
of life on navigable waters during the event.

DATES: Comments must be received on or before July 9, 1999.

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 (843) 724-7628.

FOR FURTHER INFORMATION CONTACT: LTJG S. S. Brisco, (843) 734-7628, 
Project Manager, Coast Guard Group Charleston, SC.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On May 10, 1999, the Coast Guard published a Notice of Proposed 
Rulemaking (64 FR 24980) to establish temporary special local 
regulations for the Charleston Harbor Grand Prix to be held on August 
14 and 15, 1999. This NPRM had a 60-day comment period. As of May 26, 
1999, the Coast Guard received eight (08) comments on the NPRM. The 
Coast Guard also forwarded several letters it received from the public 
about the notice of proposed rulemaking to the sponsor. In response to 
these letters and comments, the event sponsor amended the marine permit 
application to move the event further offshore.

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 (CGD07-99-019) and the specific section of 
this proposal to which each comment applies, and give a reason for each 
comment.
    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 address under ADDRESSES. The request 
should include the reasons why a hearing would be beneficial. If the 
Coast Guard determines that the opportunity for oral presentations will 
aid this rulemaking, it will hold a public hearing at the time and 
place announced by a notice in the Federal Register.

Background and Purpose

    As a result of comments received on the initial NPRM, the sponsor 
of the race amended the marine event permit application to move the 
race course, and therefore this regulated area, one mile further 
offshore. The proposed amended regulations are needed to provide for 
the safety of life during the Charleston Harbor Grand Prix by promoting 
safe

[[Page 30274]]

navigation in the offshore area northeast of Breach Inlet immediately 
before, during, and after the races by controlling the traffic 
entering, exiting, and transiting within the regulated area. The 
anticipated concentration of spectator vessels and participating 
vessels associated with the race poses a safety concern, which is 
addressed in these proposed special local regulations.
    The amended regulations will encompass an area to the northeast of 
Breach Inlet with four (4) conspicuous markers indicating the corners 
of the regulated area. These proposed regulations would prohibit the 
entry or movement of spectator vessels and other non-participating 
vessel traffic within the regulated area on August 14 and 15, 1999, 
between 11 a.m. and 4 p.m. each day or at the discretion of the Coast 
Guard Patrol Commander.

Discussion of Comments and Changes

    The Coast Guard received eight comments in response to the initial 
NPRM. Four comments objected to the temporary regulations because of 
the potential traffic congestion, noise pollution, possible disturbance 
of habitat nestings and the endangerment of marine life in the area. 
Three comments identified potential environmental concerns in the 
initial race area. One comment supported the race. In response to these 
comments, the sponsor moved the race area an additional mile offshore 
to alleviate any negative impacts.

Regulatory Evaluation

    This proposal 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 the order. The 
Office of Management and Budget has exempted it from review 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 regulation will only be in effect for four 
hours each day in a limited area off Charleston Harbor.

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 small business, 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 proposed rule, if adopted, will not have a significant effect upon 
a substantial number of small entities because this regulation will 
only be in effect in a limited area off Charleston Harbor for five (5) 
hours on two separate days.
    If, however, you think that your business or organization qualifies 
as a small entity and that this proposed rule will have a significant 
economic impact on your business or organization, please submit a 
comment (see ADDRESSES) explaining why you think it qualifies and in 
what way and to what degree this proposed rule will economically affect 
it.

Collection of Information

    This proposal contains 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 principles and 
criteria contained in Executive Order 12612 and it has been determined 
that the rulemaking does not have sufficient Federalism implications to 
warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard is considering the environmental impact of this 
proposed rule and has determined that these regulations may be exempted 
from further environmental documentation under Figure 2-1, paragraph 
34(h) of COMDTINST M16475.1C. An Environmental Analysis Checklist and 
Categorical Exclusion Determination will be completed during the 
comment period.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
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 and 33 CFR 100.35.

    2. A new section 100.35T-07-019 is added to read as follows:


Sec. 100.35T-07-019  Charleston Harbor Grand Prix; Charleston, SC.

    (a) Regulated area. The regulated area includes all waters in the 
Atlantic Ocean north of Charleston Harbor entrance lighted buoy 7 (LLNR 
2405) bounded by the following 4 points:
    (1) 32-46.129N, 079-48.282W;
    (2) 32-44.972N, 079-47.335W;
    (3) 32-46.886N, 079-41.991W;
    (4) 32-48.003N, 079-42.994W;
    All coordinates reference Datum NAD: 83. Four (4) conspicuous 
markers will indicate the corners of the regulated area.
    (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 Commander, Coast Guard Group Charleston, South 
Carolina.
    (c) 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.
    (3) Spectator and other non-participating vessels may watch the 
participants on the seaward side of the racecourse maintaining a 
minimum distance of 500 yards behind the markers. Upon the completion 
of the last race all vessels may resume normal operations.
    (d) Dates. These regulations become effective at 11 a.m. and 
terminate at 3 p.m. EDT each day on August 14 and 15, 1999.

    Dated: May 28, 1999.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 99-14288 Filed 6-4-99; 8:45 am]
BILLING CODE 4910-15-M