[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Rules and Regulations]
[Pages 21258-21260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08392]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0030]
RIN 1625-AA08


Special Local Regulations; Patriot Challenge Kayak Race, Ashley 
River; 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 Patriot Challenge Kayak Race in Charleston, SC. The race will take 
place on April 13, 2013, on the Ashley River. This special local 
regulation is necessary to insure the safety of life on navigable 
waters of the United States during the race. The special local 
regulation will temporarily restrict vessel traffic in a portion of the 
Ashley River, preventing non-participant vessels from entering the 
regulated areas.

DATES: This rule is effective from 10 a.m. until 12 p.m. on April 13, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0030. 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 Chief Warrant Officer Christopher Ruleman, Sector Charleston 
Waterways Management, U.S. Coast Guard; 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 it is impracticable. The Coast Guard 
did not receive necessary information about the event until January 22, 
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.
    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 same reasons discussed in 
the preceding paragraph, a 30 day notice period would be impracticable. 
Additionally, a delayed effective date would be contrary to the public 
interest because immediate action is needed to minimize potential 
danger to the race participant's participant vessels, spectators and 
the general public.

B. 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.
    On Saturday, April 13, 2013, the Patriot Challenge Kayak Race is 
scheduled to take place on the waters of the Ashley River and 
Charleston Harbor. The race will commence at Brittlebank Park, transit 
south in the Ashley River, head north between Shutes Folly Island and 
the Charleston peninsula, and then turn around in Tidewater Reach. The 
race will then return to Brittlebank Park by the same route. The event 
consists of a large number of kayakers whose speeds are incomparable to 
powerboats. There will be safety vessels preceding the first 
participant kayakers, and following the last participant kayakers. The 
event poses significant risks to participants, spectators, and the 
boating public because of the large number of paddlers and recreational 
vessels that are expected in the area of the event. The special local 
regulation is necessary to ensure the safety of participants, 
spectators, and vessels from the hazards associated with the event.

C. Discussion of Rule

    The special local regulation will designate a temporary special 
local regulation, on the Ashley River and Charleston Harbor in 
Charleston, South Carolina. The special local regulation will be 
enforced from 10 a.m. until 12 p.m. on April 13, 2013. Persons and 
vessels may not enter, transit through, anchor in, or remain within the 
safety zone unless 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 the regulated area 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 regulated area 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 special local regulation 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 or 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, 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 
that Order.
    The economic impact of this rule is not significant for the 
following reasons: (1) The rule will be in effect for only three hours; 
(2) although persons and vessels 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

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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.

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 that 
portion of the Ashley River encompassed within the special local 
regulation between 10:00 a.m. and 12:00 p.m. on April 13, 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 calls for no 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 have 
determined that it 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 affect 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 determined 
that 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)(g), of the Commandant 
Instruction. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from 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.


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0
2. Add Sec.  100.T07-0030 to read as follows:


Sec.  100.T07-0030  Special Local Regulation; Patriot Challenge Kayak 
Race, Ashley River; Charleston, SC.

    (a) Regulated Areas. The following regulated area is established as 
a special local regulation: All waters within a moving zone, beginning 
at Brittlebank Park, transiting south in the Ashley River, heading 
north between Shutes Folly Island and the Charleston peninsula, and 
then turning around in Tidewater Reach. The race will then return to 
Brittlebank Park by the same route in reverse order. The zone will at 
all times extend 75 yards both in front of the lead safety vessel 
preceding the first race participants; 75 yards behind the safety 
vessel trailing the last race participants; and at all times extending 
100 yards on either side of participating race and safety vessels. 
Information regarding the identity of the lead safety vessel and the 
last safety vessel will be provided 1 day prior to the race via 
broadcast notice to mariners and marine safety information bulletins.
    (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, except those participating in the 
Patriot Challenge or serving as safety vessels, are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area 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 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 regulated areas 
through advanced notice via broadcast notice to mariners and by on-
scene designated representatives.
    (d) Effective Date. The rule is effective from 10:00 a.m. until 
12:00 p.m. on April 13, 2013.

    Dated: March 28, 2013.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2013-08392 Filed 4-9-13; 8:45 am]
BILLING CODE 9110-04-P