[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Rules and Regulations]
[Pages 58281-58283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16334]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD07-06-174]
RIN 1625-AA08


Special Local Regulation; Sunfish World Championship Regatta, 
Charleston Harbor, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for the Sunfish World Championship Regatta located in 
Charleston Harbor, South Carolina. The event will run from October 1, 
2006 through October 6, 2006. This Regulation is necessary to ensure 
safety and security during this international event, while also 
reducing the impact to commercial traffic in Charleston Harbor.

DATES: This rule is effective from 8 a.m. on October 1, 2006 until 6 
p.m. on October 6, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD 07-06-174 and are available for 
inspection or copying at Coast Guard Sector Charleston, Prevention 
Department (WWM) between 7 a.m. and 3:30 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: CWO Hunter G. Crider, U.S. Coast Guard 
Sector Charleston, South Carolina, at (843) 724-7647.

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. An NPRM would be impracticable 
and contrary to the public interest since the specific details of this 
event, including the race course location, and dates were not provided 
to the Coast Guard with sufficient time to publish an NPRM and receive 
public comments. This regulation is necessary to ensure the safety and 
security of participants and

[[Page 58282]]

vessel traffic during this event. The Coast Guard will provide 
additional notification of this event to the public through broadcast 
notice to mariners and a Coast Guard Patrol Commander will be on-scene 
to provide notice to spectators and other vessels in the area.
    For the same reasons mentioned above, and 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 Sunfish World Championship Regatta is a sailing race that will 
consist of one hundred Sunfish sailboats of identical design and build, 
each approximately 16 feet in length, participating in race events over 
several days. In order to ensure safety during this event, the Coast 
Guard has defined a regulated area within Charleston Harbor where the 
competition will take place and to ensure the safety and security of 
the competitors, the Coast Guard is establishing a ``no entry'' zone 
around the fleet of participating vessels. When by necessity a course 
is set across the South Channel, which includes the Atlantic 
Intracoastal Waterway, the ``no entry'' zone will have the effect of 
temporarily closing the South Channel to non-participant vessel traffic 
in order to allow the fleet to pass safely.

Discussion of Rule

    The regulated area contains Charleston Harbor's ``Middle Ground'', 
Anchorage area ``Alpha'' and is bound by the following GPS points 
connected to each other in a clockwise direction:

A. 32[deg]46.3' N 079[deg]53.6' W
B. 32[deg]47.1' N 079[deg]52.5' W
C. 32[deg]43.1' N 079[deg]52.5' W
D. 32[deg]45.3' N 079[deg]55.1' W
E. 32[deg]46.5' N 079[deg]55.4' W
F. 32[deg]46.6' N 079[deg]54.9' W
G. 32[deg]46.3' N 079[deg]54.6' W and back to point ``A''.

    While the regulation is enforced, non-participating vessels will be 
prohibited from anchoring or mooring within the regulated area unless 
authorized by the Captain of the Port (COTP), Charleston, South 
Carolina or the Coast Guard Patrol Commander. During the designated 
race times, the sailing committee will establish and mark one or more 
race courses within the boundaries of the regulated area. Each course 
will be designed to have races that last approximately 2 hours in 
duration. There will be no more than 3 races held on any given day. All 
races will occur between the hours of 8 a.m. and 6 p.m. local time. 
Given the intended course designs and skill of the competitors, it is 
expected that at any given time, the participants will occupy only a 
portion of the regulated area. A ``no entry'' zone will follow the 
fleet around courses set within the regulated area. The ``no entry'' 
zone extends 200 yards ahead of the lead vessel and 50 yards from all 
participants.

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 DHS (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 10e of the regulatory policies 
and procedures of DHS is unnecessary. This rule is only effective for 
six hours on each day of the regatta, and will expire thereafter.

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. 
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 may affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit through the regulated area of Charleston Harbor during the 
hours of 8 a.m. to 6 p.m. on each day from October 1, 2006 through 
October 6, 2006. This special local regulation will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This regulation will only be enforced a 
total of 10 hours per day. Further, the courses will be set within the 
regulated area to minimize the impact on commercial traffic and 
recreational vessel traffic. Lastly, it is anticipated that the ``no 
entry'' zone will only overlay the South Channel less than 6 times per 
day, at intervals of less than 30 minutes each time.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business, organization, or government 
jurisdiction and you have questions concerning its revisions or options 
for compliance, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT for assistance in understanding this rule. 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

    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 this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference

[[Page 58283]]

with Constitutionally Protected Property Rights.

Civil Justice Reform

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

Protection of Children

    We have analyzed this rule under E.O. 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 risk to 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
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)(h), of the Instruction, from further 
environmental documentation. Under figure 2-1, paragraph (34)(h), of 
the Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 100

    Marine Safety, Navigation (water), Reporting and recordkeeping 
requirements, waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.1


0
2. Add Sec.  100.35T-07-174 to read as follows:


Sec.  100.35T-07-174  Special Local Regulation; Sunfish World 
Championship Regatta, Charleston, South Carolina

    (a) Regulated Area--The regulated area is bounded by an imaginary 
line connecting the following coordinates in order as described below:

A. 32[deg]46.3' N 079[deg]53.6' W
B. 32[deg]47.1' N 079[deg]52.5' W
C. 32[deg]43.1' N 079[deg]52.5' W
D. 32[deg]45.3' N 079[deg]55.1' W
E. 32[deg]46.5' N 079[deg]55.4' W
F. 32[deg]46.6' N 079[deg]54.9' W
G. 32[deg]46.3' N 079[deg]54.6' W and back to point ``A''.

    (b) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard that 
has been designated as such by the Captain of the Port, Charleston, 
South Carolina.
    (c) Regulations.
    (1) No person or vessel shall be anchored or moored within the 
regulated area unless authorized by the Coast Guard Captain of the Port 
of Charleston or Coast Guard Patrol Commander.
    (2) Spectators and other non-participant vessels may enter and 
transit through the regulated area but are prohibited from entering 
into a mobile buffer zone extending 50 yards in all directions around 
all participants and extending 200 yards ahead of the lead boat during 
races.
    (3) Spectators and non-participant vessels are prohibited from 
anchoring, mooring or otherwise stopping their vessel within the 
confines of any Navigational channel unless authorized or directed by 
the Coast Guard Patrol Commander.
    (d) Enforcement Period. This rule will be enforced from 8 a.m. to 6 
p.m. daily from October 1, 2006 through October 6, 2006.
    (e) Effective Dates. This rule is effective from October 1 to 
October 6, 2006.

    Dated: September 21, 2006.
J.A. Watson,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District, 
Acting.
 [FR Doc. E6-16334 Filed 10-2-06; 8:45 am]
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