[Federal Register Volume 69, Number 105 (Tuesday, June 1, 2004)]
[Rules and Regulations]
[Pages 30833-30835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12357]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Charleston 04-046]
RIN 1625-AA00


Safety Zone; Bucksport, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Bucksport Marina Championship powerboat races, on the Intracoastal 
Waterway from Little River to Winyah Bay. This regulation is necessary 
for the safety of life during the event and to protect commercial and 
recreational boaters from the hazards associated with the races. Entry 
into the safety zone is prohibited unless authorized by the COTP 
Charleston or a designated representative.

DATES: This rule is effective from 10 a.m. on June 5, 2004 until 7 p.m. 
on June 6, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP Charleston 04-046 and are available 
for inspection or copying at Coast Guard Marine Safety Office 
Charleston, South Carolina, between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Matthew Meskun, U.S. Coast Guard 
Marine Safety Office Charleston, South Carolina, at (843) 720-3240.

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 
unnecessary and contrary to public safety interests. This rule is 
needed to minimize danger to the public resulting from participant 
craft in the Bucksport Marina Championship. The event will be held from 
10 a.m. on June 5, 2004 until 7 p.m. on June 6, 2004 and there is not 
sufficient time to allow for a notice and comment period prior to the 
event. For the safety concerns noted, it is in the public interest to 
have these regulations in effect during the event. In addition, advance 
notifications will be made via marine information broadcasts.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register.

Background and Purpose

    The Bucksport Marina Championship is a powerboat race, which will 
consist of 25 powerboats 13 to 18 feet in length. Approximately 75 
spectator craft are also expected to view the races. Portions of the 
Intracoastal Waterway will be closed for the races. The safety zone 
will minimize dangers to spectators in attendance. These regulations 
require that non-participants remain outside the operating area for 
their safety. The operating area includes all waters of the Atlantic 
Intracoastal Waterway, from bank to bank, from Little River at Day 
Beacon 35 (LLNR 33835) to Winyah Bay 100 yards South of light 38 (LLNR 
33845).
    During the event, non-participating vessels are prohibited from 
anchoring, mooring, or transiting within this zone, unless authorized 
by the Captain of the Port, Charleston, South Carolina or the Coast 
Guard Patrol Commander.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary, because the safety zone will only be in effect 
for 2 days and only covers a limited area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small business, not-for-profit organizations that are 
independently owned and operated and are not

[[Page 30834]]

dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    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. This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: this 
rule is for a highly publicized event and will only be in effect for a 
limited time and for a limited area. The Coast Guard Patrol Commander 
can authorize transits through the regulated area during scheduled 
openings every 1.5 hours.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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 comment 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 requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in the preamble.

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 create an 
environmental risk to health or safety that may disproportionately 
affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian Tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order, because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph 34(g), of the Instruction, from further 
environmental documentation. Under figure 2-1, paragraph (34)(g), of 
the Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule. 
Under paragraph 34(g), of the Instruction, Coast Guard categorical 
exclusions include regulations that establish safety zones.

List of Subjects in 33 CFR Part 165

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

Regulations

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165, as follows:

PART 165--SAFETY ZONES AND SECURITY ZONES

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191; 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add new temporary Sec.  165.T07-046 to read as follows:


Sec.  165.T07-046  Safety Zone; Bucksport, SC.

    (a) Regulated area. The Coast Guard is establishing a temporary 
fixed safety zone in all waters of the Atlantic Intracoastal Waterway, 
from bank to bank and surface to bottom, from Little River at Day 
Beacon 35 (LLNR 33835) to Winyah Bay 100 yards South of Light 38 (LLNR 
33845).
    (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 Captain of the Port, Charleston, South Carolina.
    (c) Regulations. In accordance with the general regulations in 
165.23 of this part, anchoring, mooring or transiting in this zone is 
prohibited unless authorized by the Coast Guard Captain

[[Page 30835]]

of the Port or Coast Guard Patrol Commander.
    (d) Effective period: This rule is effective from 10 a.m. on June 
5, 2004 until 7 p.m. on June 6, 2004.

    Dated: May 19, 2004.
Keith B. Janssen,
Lieutenant Commander, U.S. Coast Guard, Captain of the Port, 
Charleston, South Carolina.
[FR Doc. 04-12357 Filed 5-28-04; 8:45 am]
BILLING CODE 4910-15-P