[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Rules and Regulations]
[Pages 7701-7703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2948]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-1151]
RIN 1625-AA08


Special Local Regulations; Krewe of Charleston Mardi Gras Boat 
Parade, Charleston Harbor, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for 
the Krewe of Charleston Mardi Gras Boat Parade on the Ashley River and 
in Charleston Harbor in Charleston, South Carolina. This special local 
regulation is necessary to provide for the safety of life on navigable 
waters during the marine parade. The special local regulation will 
temporarily restrict vessel traffic in a portion of the Ashley River 
and Charleston Harbor, preventing non-participant vessels from entering 
the regulated area.

DATES: This rule is effective from 10 a.m. until 2 p.m. on February 12, 
2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-1151 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-1151 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Lieutenant Julie Blanchfield, Sector Charleston 
Waterways Management Division, Coast Guard; telephone 843-740-3184, e-
mail [email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard did not receive 
notice of the Krewe of Charleston Mardi Gras Boat Parade with 
sufficient time to publish an NPRM in advance of the effective date of 
this rule. Any delay in the effective date of this rule would be 
contrary to the public interest because immediate action is needed to 
minimize potential danger to marine parade participants as well as the 
general public.
    For the same reason discussed above, 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. The Coast 
Guard will issue a broadcast notice to mariners to advise mariners of 
the restriction.

Background and Purpose

    On February 12, 2011, the Krewe of Charleston Mardi Gras Boat 
Parade is scheduled to take place. The marine parade will consist of 20 
to 30 vessels. The parade will commence at the Charleston City Marina, 
transit the Ashley River, head north between Shutes Folly Island and 
the Charleston peninsula, and then turn around in Customhouse Reach. 
The marine parade will then return to the Charleston City Marina by the 
same route. The marine parade poses a danger to mariners located in or 
transiting the area. These special local regulations are necessary to 
protect marine parade participant vessels, spectator vessels, and other 
vessels from the hazards associated with the marine parade.

Discussion of Rule

    The special local regulations consist of a series of buffer zones 
around vessels participating in the Krewe of Charleston Mardi Gras Boat 
Parade. These buffer zones are as follows: (1) All waters within 500 
yards in front of the lead parade vessel; (2) all waters within 100 
yards behind the last parade vessel; and (3) all waters within 50 yards 
on either side of all marine parade participant vessels. Information 
regarding the identity of the lead parade vessel and the last parade 
vessel will be provided prior to the marine parade via broadcast notice 
to mariners and marine safety information bulletins. Persons and 
vessels are prohibited from entering, transiting through, anchoring, or 
remaining within the buffer zones unless specifically authorized by the 
Captain of the Port Charleston or a designated representative. These 
special local regulations will be effective from 10 a.m. until 2 p.m. 
on February 12, 2011.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    We expect the economic impact of this rule to be so minimal that a 
full regulatory evaluation is unnecessary. This rule may have some 
impact on the public, but these potential impacts will be minimal for 
the following reasons: (1) The rule will be in effect for four hours; 
(2) although persons and vessel will not be able to enter, transit 
through, anchor in, or remain within the buffer zones without 
authorization from the Captain of the Port Charleston or a designated 
representative, they may operate in the surrounding area during the 
effective period; (3) persons and vessels may still enter, transit 
through, anchor in, or remain within the buffer zones if authorized by 
the Captain of the Port Charleston or a designated representative; and 
(4) advance notification will be made to the local maritime community 
via broadcast notice to mariners.

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.

[[Page 7702]]

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 
enter, transit through, anchor in, or remain within that portion of the 
Ashley River and Charleston Harbor encompassed within the buffer zones 
from 10 a.m. until 2 p.m. on February 12, 2011. For the reasons 
discussed in the Regulatory Planning and Review section above, this 
rule will not have a significant economic impact on a substantial 
number of small entities.

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 can better evaluate its 
effects on them and participate in the rulemaking process.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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 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 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of 
the Instruction. This rule involves a special local regulations issued 
in conjunction with a marine parade. Under figure 2-1, paragraph 
(34)(h), of the Instruction, an environmental analysis checklist 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.

    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.


[[Page 7703]]


0
2. Add a temporary Sec.  100.T07-1151 to read as follows:


Sec.  100.T07-1151  Special Local Regulations; Krewe of Charleston 
Mardi Gras Boat Parade, Charleston Harbor, Charleston, SC.

    (a) Regulated Area. The following buffer zones are regulated areas 
during the Krewe of Charleston Mardi Gras Boat Parade: All waters 
within 500 yards in front of the lead parade vessel; all waters within 
100 yards behind the last parade vessel; and all waters within 50 yards 
on either side of all marine parade participant vessels. The identity 
of the lead parade vessel and the last parade vessel will be provided 
prior to the marine parade via broadcast notice to mariners and marine 
safety information bulletins. The parade will commence at the 
Charleston City Marina, transit the Ashley River, head north between 
Shutes Folly Island and the Charleston peninsula, and then turn around 
in Customhouse Reach. The parade will then return to the Charleston 
City Marina by the same route.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, State, and local officers designated by or assisting the 
Captain of the Port Charleston in the enforcement of the regulated 
areas.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
areas unless authorized by the Captain of the Port Charleston or a 
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated areas may contact the Captain of the 
Port Charleston by telephone at 843-740-7050, or a designated 
representative via VHF radio on channel 16 to seek authorization. If 
authorization to enter, transit through, anchor in, or remain within 
the regulated areas is granted by the Captain of the Port Charleston or 
a designated representative, all persons and vessels receiving such 
permission must comply with the instructions of the Captain of the Port 
Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the marine parade and 
regulated areas through advanced notice via broadcast notice to 
mariners and by on-scene designated representatives.
    (d) Effective Date. This rule is effective from 10 a.m. until 2 
p.m. on February 12, 2011.

    Dated: January 29, 2011.
William D. Baumgartner,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2011-2948 Filed 2-10-11; 8:45 am]
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