[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Rules and Regulations]
[Pages 19934-19937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7963]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0020]
RIN 1625-AA08


Special Local Regulations; 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 special local regulations on 
the waters of Charleston Harbor in Charleston, South Carolina during 
Charleston Race Week, a series of sailboat races. The races are 
scheduled to take place on Friday, April 20, 2012, through Sunday, 
April 22, 2012. Approximately 170 sailboats are anticipated to 
participate in the races, and approximately 40 spectator vessels are 
expected to attend the event. These special local regulations are 
necessary to provide for the safety of life on navigable waters of the 
United States during the races. The special local regulations consist 
of three race areas. Except for those person and vessels participating 
in the sailboat races, persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
race areas unless authorized by the Captain of the Port Charleston or a 
designated representative.

DATES: This rule is effective from 9 a.m. on April 20, 2012, through 
4:30 p.m. on April 22, 2012. This rule will be enforced daily from 9 
a.m. until 4:30 p.m. on April 20, 2012, through April 22, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0020 and are available online 
by going to http://www.regulations.gov, inserting USCG-2012-0020 in the 
``Keyword'' box, and then clicking ``Search.'' This material is 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 email Ensign John Santorum, Sector 
Charleston Waterways Management Division, Coast Guard; telephone (843) 
740-3184, email [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 
necessary information about the event until February 11, 2012. As a 
result, the Coast

[[Page 19935]]

Guard did not have 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 potential danger to the race participants, 
participant vessels, spectators, and the general public.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233. The purpose of the 
rule is to insure safety of life on navigable waters of the United 
States during three Charleston Race Week sailboat races.

Discussion of Rule

    From April 20, 2012 through April 22, 2012, Charleston Ocean Racing 
Association will host three sailboat races on Charleston Harbor in 
Charleston, South Carolina during Charleston Race Week. Approximately 
170 sailboats will be participating in the three races. It is 
anticipated that at least 40 spectator vessels will be present during 
the races.
    The rule establishes special local regulations on certain waters of 
Charleston Harbor in Charleston, South Carolina. The special local 
regulations will be enforced daily from 9 a.m. until 4:30 p.m. on April 
20, 2012 through April 22, 2012. The special local regulations consist 
of the following three race areas.
    1. Race Area #1. All waters encompassed within an 800 yard radius 
of position 32[deg]46'39'' N, 79[deg]55'10'' W.
    2. Race Area #2. All waters encompassed within a 900 yard radius of 
position 32[deg]45'48'' N, 79[deg]54'46'' W.
    3. Race Area #3. All waters encompassed within a 900 yard radius of 
position 32[deg]45'44'' N, 79[deg]53'32'' W.
    Except for those persons and vessels participating in the sailboat 
races, persons and vessels are prohibited from entering, transiting 
through, anchoring in, or remaining within any of the race areas 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 race 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 
request authorization. If authorization to enter, transit through, 
anchor in, or remain within the race 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. 
The Coast Guard will provide notice of the regulated areas by Local 
Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.

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

    Executive Orders 13563, Improving Regulation and Regulatory Review, 
and 12866, Regulatory Planning and Review, direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a significant regulatory 
action under section 3(f) of Executive Order 12866. Accordingly, the 
Office of Management and Budget has not reviewed this rule under 
Executive Order 12866.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulations will be enforced 
for only 21 hours; (2) although persons and vessels will not be able to 
enter, transit through, anchor in, or remain within the regulated areas 
without authorization from the Captain of the Port Charleston or a 
designated representative, they may operate in the surrounding area 
during the enforcement periods; (3) persons and vessels may still 
enter, transit through, anchor in, or remain within the regulated areas 
if authorized by the Captain of the Port Charleston or a designated 
representative; and (5) the Coast Guard will provide advance 
notification of the special local regulations to the local maritime 
community by Local Notice to Mariners and 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. 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 
Charleston Harbor encompassed within the regulated areas from 9:30 a.m. 
until 4:30 p.m. daily from April 20, 2012 through April 22, 2012. 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 the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and

[[Page 19936]]

determined that this rule 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 special local regulations issued in 
conjunction with a regatta or 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.

0
2. Add a temporary Sec.  100.35T07-0020 to read as follows:


Sec.  100.35T07-0020  Special Local Regulations; Charleston Race Week, 
Charleston Harbor, Charleston, SC.

    (a) Regulated areas. The following regulated areas are established 
as special local regulations. All coordinates are North American Datum 
1983.
    (1) Race Area #1. All waters encompassed within an 800 yard radius 
of position 32[deg]46'39'' N, 79[deg]55'10'' W.
    (2) Race Area #2. All waters encompassed within a 900 yard radius 
of position 32[deg]45'48'' N, 79[deg]54'46'' W.
    (3) Race Area #3. All waters encompassed within a 900 yard radius 
of position 32[deg]45'44'' N, 79[deg]53'32'' 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) Except for those person and vessels 
participating in the sailboat races, 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 by telephone at (843) 740-7050, or a designated 
representative via VHF radio on channel 16, to request 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 areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement periods. This rule will be enforced daily from 9 
a.m. until 4:30 p.m. on April 20, 2012 through April 22, 2012.


[[Page 19937]]


    Dated: February 27, 2012.
Michael F. White, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-7963 Filed 4-2-12; 8:45 am]
BILLING CODE 9110-04-P