[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Rules and Regulations]
[Pages 19100-19103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07287]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0081]
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 a special local regulation on 
the waters of Charleston Harbor in Charleston, South Carolina during 
Charleston Race Week, a series of sailboat races. From Thursday, April 
18, 2013, until Sunday, April 21, 2013, approximately 300 sailboats are 
anticipated to participate in these races, and approximately 15 
spectator vessels are expected to watch the event. A special local 
regulation is necessary to provide for the safety of life on the 
navigable waters of the United States during the races. This special 
local regulation consists of three race areas. 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 authorized by the Captain 
of the Port Charleston or a designated representative.

DATES: This rule is effective from 7:30 a.m. on April 18, 2013, until 5 
p.m. on April 21, 2013. This rule will be enforced daily from 7:30 a.m. 
until 5:30

[[Page 19101]]

p.m. on April 18, 2013, through April 21, 2013.

ADDRESSES: Documents indicated in this preamble are part of docket 
USCG-2013-0081. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``Search.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 email Chief Warrant Officer Christopher Ruleman, telephone 
(843) 740-3184, email [email protected]. If you have 
questions on viewing the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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 doing so would be impracticable. The 
Coast Guard did not receive necessary information about the event until 
February 11, 2013. As a result, the Coast Guard did not have sufficient 
time to publish an NPRM and to receive public comments prior to the 
event. Immediate action is needed to minimize potential danger to the 
race participants, participant vessels, spectators and the general 
public.
    Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, the 
Coast Guard finds that good cause exists for making this rule effective 
less than 30 days after publication in the Federal Register because 
immediate action is needed to minimize potential danger to the race 
participants, participant vessels, spectators and the general public.

B. Basis and Purpose

    From April 18, 2013, until April 21, 2013, Charleston Ocean Racing 
Association will host three sailboat races on Charleston Harbor in 
Charleston, South Carolina during Charleston Race Week. Approximately 
300 sailboats will be participating in the three races. It is 
anticipated that at least 15 spectator vessels will be present during 
the races.
    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 ensure safety of life on navigable waters of the United 
States during three Charleston Race Week sailboat races.

C. Discussion of the Final Rule

    The rule establishes a special local regulation on certain waters 
of Charleston Harbor in Charleston, South Carolina. The special local 
regulation will be enforced daily from 7:30 a.m. until 5:30 p.m. on 
April 18, 2013, through April 21, 2013. The special local regulation 
consists 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.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: (1) 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; (2) 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 (3) the Coast Guard will provide advance 
notification of the special local regulation to the local maritime 
community by Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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

[[Page 19102]]

waters of Charleston Harbor encompassed within the three regulated 
areas between 7:30 a.m. and 5:30 p.m., from April 18, 2013, until April 
21, 2013. 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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. 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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 involves a special local regulation issued in conjunction with a 
regatta or marine parade. This rule is categorically excluded, under 
figure 2-1, paragraph (34)(h), of the Commandant Instruction. We seek 
any comments or information that may lead to the discovery of a 
significant.

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 Sec.  100.T07-0081 to read as follows:


Sec.  100.T07-0081  Special Local Regulation; Charleston Race Week, 
Charleston Harbor; Charleston, SC.

    (a) Regulated Areas. The following regulated areas are established 
as a special local regulation. 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

[[Page 19103]]

races, all persons and vessels are prohibited from entering, transiting 
through, anchoring in, or remaining within any of the three 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 Period. This rule will be enforced from 7:30 a.m. 
until 5:30 p.m. each day from April 18, 2013 through April 21, 2013.

    Dated: March 19, 2013.
Michael F. White, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2013-07287 Filed 3-28-13; 8:45 am]
BILLING CODE 9110-04-P