[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Rules and Regulations]
[Pages 28492-28494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11530]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0052]
RIN 1625-AA08


Special Local Regulation; Low Country Splash, Wando River, Cooper 
River, and 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 the Wando River, Cooper River, and Charleston Harbor in 
Charleston, South Carolina during the Low Country Splash on June 1, 
2013. This special local regulation is necessary to ensure the safety 
of participants, spectators, and the general public during the event. 
The special local regulation will temporarily restrict vessel traffic 
in a portion of the Wando River and Charleston Harbor, preventing non-
participant vessels from entering, transiting through, anchoring in, or 
remaining within the regulated area unless authorized by the Captain of 
the Port Charleston or a designated representative.

[[Page 28493]]


DATES: This rule is effective from 7 a.m. until 10 a.m. on June 1, 
2013.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2013-0052 and are available online 
by going to http://www.regulations.gov, inserting USCG-2013-0052 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 Sector Charleston Office of Waterways Management, 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 History and Information

    On March 26, 2013, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Special Local Regulation; Low Country Splash, Wando 
River, Cooper River, and Charleston Harbor, Charleston, SC'' in the 
Federal Register (78 FR 18277). We received no comments on the proposed 
rule. No public meeting was requested, and none was held.

B. Basis and Purpose

    On June 1, 2013, the Low country Splash Open Water Swim is 
scheduled to take place on the Wando River, Cooper River, and 
Charleston Harbor in Charleston, SC. The race will consist of 
approximately 500 swimmers. The race will commence at Daniel Island 
Pier, transit south in the Wando River, crossing the navigational 
channel at Hobcaw Point and continuing South into Charleston Harbor. 
The race will finish at Charleston Harbor Resort Marina. There will be 
safety vessels preceding the participating swimmers, and following the 
last participating swimmers. This event poses significant risks to 
participants, spectators, and the boating public because of the large 
number of swimmers and recreational vessels that are expected in the 
area of the event. These special local regulations are necessary to 
protect race participants, spectators, and other persons and vessels 
from the hazards associated with the race.

C. Discussion of Comments, Changes and the Final Rule

    The special local regulation will designate a temporary regulated 
area on the Wando River, Cooper River, and Charleston Harbor in 
Charleston, South Carolina. The special local regulation will be 
enforced from 7 a.m. until 10 a.m. on June 1, 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.

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 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 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) advance notification will be made to the local 
maritime community via broadcast notice to mariners.

2. Impact on 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 that portion The 
Wando River, Cooper River, and Charleston Harbor from 7 a.m. until 10 
a.m. on June 1, 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 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.

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

[[Page 28494]]

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 
INTFORMATION 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 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)(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 Sec.  100.T07-0052 to read as follows:


Sec.  100.T07-0052  Special Local Regulations; Low Country Splash, 
Wando River, Cooper River, and Charleston Harbor, Charleston, SC.

    (a) Regulated Areas. The following regulated area is established as 
a special local regulation. All waters within a moving zone, beginning 
at Daniel Island Pier in approximate position 32[deg]51'20'' N, 
079[deg]54'06'' W, South along the coast of Daniel Island, across the 
Wando River to Hobcaw Yacht Club, in approximate position 
32[deg]49'20'' N, 079[deg]53'49'' W, South along the coast of Mt. 
Pleasant, S.C., to Charleston Harbor Resort Marina, in approximate 
position 32[deg]47'20'' N, 079[deg]54'39'' W. There will be a temporary 
Channel Closer from 0730 to 0815 on June 01, 2013 between Wando River 
Terminal Buoy 3 (LLNR 3305), and Wando River Terminal Buoy 5 (LLNR 
3315). 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 2 days 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 are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated areas unless otherwise 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 regulated areas 
through advanced notice via broadcast notice to mariners and by on-
scene designated representatives.
    (d) Effective Date. This rule is effective and will be enforced 
from 7:00 a.m. to 10:00 a.m. June 01, 2013.

    Dated: May 1, 2013.
M. F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2013-11530 Filed 5-14-13; 8:45 am]
BILLING CODE 9110-04-P