[Federal Register Volume 66, Number 72 (Friday, April 13, 2001)]
[Rules and Regulations]
[Pages 19091-19092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9177]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-01-023]
RIN 2115-AE46


Special Local Regulations; Charleston Harbor, SC

AGENCY: Coast Guard, DOT

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: Temporary special local regulations are being established for 
the start of the Charleston to Bermuda Race, Charleston Harbor, S. C. 
These regulations restrict the movement of non-participating vessels in 
the waters between Charleston Waterfront and Battle Park, to Castle 
Pinckney and the South Channel, then out the Charleston Harbor Channel. 
These regulations are needed to provide for the safety of life on 
navigable waters during the event.

DATES: This rule is effective from 12:30 p.m. to 4 p.m. on May 19, 
2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of [CGD07-01-023] and are available for inspection or copying 
at Coast Guard Group Charleston, 196 Tradd St, Charleston S. C. 29401 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: QMC David Jersey, Coast Guard Group 
Charleston at 843 724 7600 x252.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM would be 
contrary to national safety interests since immediate action is needed 
to minimize potential danger to the public because there will be 
numerous spectator craft in the area.

Background and Purpose

    This rule is required to provide for the safety of life on 
navigable waters because of the inherent danger associated with a large 
number of spectator craft expected to view the start of the Charleston 
to Bermuda Race, in Charleston Harbor, S.C. This rule prohibits non-
participating vessels from entering the designated regulated area in 
Charleston Harbor during the event.

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. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11040, February 26, 
l979). The regulation will only be in effect for 3.5 hours.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    This rule may affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in a portion of Charleston Harbor and Approaches from 12:30 
p.m. to 4 p.m. on May 19, 2001. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities because the rule will 
be in effect for only 3.5 hours.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pubic Law 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
entities may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking. We also have a point of contact for commenting on actions 
by employees of the Coast Guard. Small businesses may send comments on 
the actions of Federal employees who enforce, or otherwise determine 
compliance with, Federal regulations to the Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of the Coast 
Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531--1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal

[[Page 19092]]

government or the private sector to incur direct costs without the 
Federal Government's having first provided the funds to pay those 
unfunded mandate costs. This rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not concern an 
environmental risk to health or safety that may disproportionately 
affect children.

Environment

    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 record keeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--[MARINE EVENTS]

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

    Authority: 33 U.S.C. 1233 through 1236, 49 CFR 1.46, and 33 CFR 
100.35.


    2. Add temporary Sec. 100.35T-07-023 to read as follows:


Sec. 100.35T-07-023  Charleston to Bermuda Race, Charleston Harbor, 
Charleston SC.

    (a) Regulated Area: An area in Charleston Harbor, Charleston, S. C. 
starting from: A line drawn from the point at Customhouse Reach in 
position 32-47.15N 079-55.18W, 0.18nm west to 32-47.15N 079-55.40W; 
then south 0.68 nm to the gate formed by Degaussing Range West Platform 
Light (light list number 2670) (32-46.47N 079-55.37W) and Degaussing 
Range East Platform Light (light list number 2665 (32-46.50N 079-
55.00W); then to the gate formed by Battery Point Lighted Buoy BP 
(light list number 2650) (32-45.61N 079-55.08W) and Cooper River 
Lighted Buoy 32 (light list number 2655) (32-46.47N 079-55.10W); then 
to that portion of South Channel to where it intersects Charleston 
Harbor Channel Mt. Pleasant Range; then southeasterly out Charleston 
Harbor Channel to the gate formed by Charleston Harbor Channel Lighted 
Buoy 13 (light list number 2415) (32-43.29N 079-48.73W) to Charleston 
Harbor Channel Lighted Buoy 14 (light list number 2420) (32-45.45N 079-
48.63W).
    All coordinates referenced use Datum: NAD 1983.
    (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 Commanding Officer, Coast Guard Group Charleston SC.
    (c) Special Local Regulations: Non-participant vessels are 
prohibited from entering the regulated area unless authorized by the 
Patrol Commander. Spectator craft may remain in the designated 
spectator area to be established by the event sponsor, The Charleston 
to Bermuda Race, Inc.
    (d) Dates: This section becomes effective at 12:30 p.m. on May 19, 
2001 and terminates at 4 p.m. May 19, 2001.

    Dated: March 23, 2001.
 G.W. Sutton,
Captain U.S. Coast Guard Commander, Seventh Coast Guard District, 
Acting.
[FR Doc. 01-9177 Filed 4-12-01; 8:45 am]
BILLING CODE 4910-15-U