[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18389-18391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7872]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-1152]
RIN 1625-AA00


Safety Zones; Charleston Race Week, Charleston Harbor, 
Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing three temporary safety zones 
for the Charleston Race Week in Charleston, South Carolina. The races 
will take place on April 14, 2011 through April 17, 2011. The temporary 
safety zones are necessary for the safety of race participants, 
participant vessels, and the general public during the races.

DATES: This rule is effective from April 14, 2011 through April 17, 
2011, and will be enforced daily from 9 a.m. until 5 p.m. on April 14, 
2011 through April 17, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-1152 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-1152 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 
temporary final 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 Charleston Race Week with sufficient time to publish an 
NPRM and to receive public comments prior to the event. Any delay in 
the effective date of this rule would be contrary to the public 
interest because immediate action is needed to minimize the potential 
danger to race participants, participant vessels, and the general 
public.
    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 for the reasons enumerated above. 
In addition, there is an immediate need to protect waterway users from 
hazards associated with these races.

Background and Purpose

    Charleston Ocean Racing Association, in partnership with the South 
Carolina Maritime Foundation, will be hosting three sailboat races 
commencing on April 14, 2011 and concluding on April 17, 2011 in the 
Charleston Harbor, Charleston, South Carolina. The temporary safety 
zones are necessary to protect race participants, participant vessels, 
and the general public from the hazards associated with the sailboat 
races.

Discussion of Rule

    The three temporary safety zones encompass certain navigable waters 
of the Charleston Harbor, Charleston, South Carolina. The safety zones 
will be enforced daily from 9 a.m. until 5 p.m. on April 14, 2011 
through April 17, 2011. Persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within any of 
the safety zones unless specifically authorized by the Captain of the 
Port Charleston or a designated representative. Persons and vessels 
desiring to enter, transit through, anchor in, or remain within any of 
the safety zones may contact the Captain of the Port Charleston via 
telephone at 843-740-7050, or a designated representative via VHF radio 
on channel 16, to seek authorization. The Coast Guard will provide 
notice of the safety zones via broadcast notice to mariners and marine 
safety information bulletins. On-scene notice will also be provided by 
the Coast Guard or local law enforcement.

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.
    The economic impact of this rule is not significant for the 
following reasons: (1) The rule will be in effect for only four days; 
(2) the safety zones will be enforced for only eight hours each day; 
(3) although persons and vessels will not be able to enter, transit 
through, anchor in, or remain within any of the safety zones without 
authorization from the Captain of the Port Charleston or a designated 
representative, they will be able to operate in the surrounding area 
during the enforcement periods; (4) persons and vessels may still 
enter, transit through, anchor in, or remain within the safety zones if 
authorized by the Captain of the Port Charleston or a designated 
representative; and (5) advance notification of the safety zones will 
be made to the local maritime community via broadcast notice to 
mariners and marine safety information bulletins.

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 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 the waters of the 
Charleston Harbor encompassed within any of the three safety zones from 
9 a.m. on April 14, 2011 through 5 p.m. on April 17, 2011.

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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 which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves establishing three 
temporary safety zones that will be enforced for eight hours each day 
for four days. An environmental analysis checklist and a categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add a temporary Sec.  165.T07-1152 to read as follows:


Sec.  165.T07-1152  Safety Zones; Charleston Race Week, Charleston 
Harbor, Charleston, SC.

    (a) Regulated areas. The following regulated areas are safety 
zones. All coordinates are North American Datum 1983.
    (1) Safety Zone #1. All waters encompassed within an 800 yard 
radius of position 32[deg]46'00'' N, 79[deg]54'56'' W.
    (2) Safety Zone #2. All waters encompassed within a 900 yard radius 
of position 32[deg]45'49'' N, 79[deg]54'08'' W.

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    (3) Safety Zone #3. All waters encompassed within a 900 yard radius 
of position 32[deg]45'46'' N, 79[deg]53'13'' W.
    (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 any of the regulated areas may contact the Captain 
of the Port Charleston via 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 
any of the regulated areas is granted by the Captain of the Port 
Charleston or a designated representative, all persons and vessels 
receiving such authorization 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 regulated area via 
broadcast notice to mariners, marine safety information bulletins, and 
by on-scene designated representatives.
    (d) Effective Date and Enforcement Periods. This rule is effective 
from April 14, 2011 through April 17, 2011. The regulated areas will be 
enforced daily from 9 a.m. until 5 p.m. on April 14, 2011 through April 
17, 2011.

    Dated: March 18, 2011.
Michael F. White Jr.,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2011-7872 Filed 4-1-11; 8:45 am]
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