[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Proposed Rules]
[Pages 29392-29395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11806]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0324]
RIN 1625-AA08


Safety Zones; 9-11 Patriot Festival, Charleston Harbor, 
Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish safety zone on the 
Charleston Harbor in Charleston, South Carolina during the 
International Outboard Grand Prix (IOGP) 9-11 Patriot Festival, a 
series of high-speed boat races. The event is scheduled to take place 
on Friday September 12 through Sunday September 14, 2014. Approximately 
25 high-speed race boats are anticipated to participate in the races. 
This safety zone is necessary to provide for the safety of life and 
property on navigable waters of the United States during the event. 
This safety zone would temporarily restrict vessel traffic in a portion 
of Charleston Harbor. Persons and vessels that are not participating in 
the races would be prohibited from entering, transiting through, 
anchoring in, or remaining within the restricted area unless authorized 
by the Captain of the Port Charleston or a designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 23, 2014. Requests for public meetings must be 
received by the Coast Guard on or before June 1, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.

[[Page 29393]]

    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Chief Warrant Officer Christopher Ruleman, Sector 
Charleston Office of Waterways Management, Coast Guard; telephone (843) 
740-3184, email [email protected]. If you have questions 
on viewing or submitting material to the docket, call Cheryl Collins, 
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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-0324] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0324) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for one on or before June 1, 2014 using one of the four methods 
specified under ADDRESSES. Please explain why you believe a public 
meeting would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register. For information on facilities or 
services for individuals with disabilities or to request special 
assistance at the public meeting, contact the person named in the FOR 
FURTHER INFORMATION CONTACT section, above.

B. Basis and Purpose

    The legal basis for the proposed rule is the Coast Guard's 
authority to establish a safety zone: 33 U.S.C. 1231; 33 U.S.C. 1225; 
33 CFR 1.05-1, 33 CFR 6.04-1, 33 CFR 160.5; Department of Homeland 
Security Delegation No. 0170.1.
    The purpose of the proposed rule is to protect the safety of 
spectator vessels and to ensure safety of life and property on the 
navigable waters of the United States during the IOGP 9-11 Patriot 
Festival boat races.

C. Discussion of Proposed Rule

    On Friday September 12 through Sunday September 14, 2014 the 
International Outboard Grand Prix (IOGP) will host ``9-11 Patriot 
Festival'' a series of high-speed boat races. The event will be held on 
a portion of Charleston Harbor in Charleston, South Carolina. 
Approximately 25 high-speed race boats are anticipated to participate 
in the races.
    The proposed rule would establish a safety zone that encompass 
certain waters of the Charleston Harbor in Charleston, South Carolina. 
The safety zone would be enforced daily from 2:30 p.m. through 5:30 
p.m. on September 12, 10:30 a.m. through 6:30 p.m. on September 13, and 
1:30 p.m. through 5:30 p.m. on September 14, 2014. The safety zone 
would consist of a regulated area around vessels participating in the 
event. The regulated area would be as follows: All waters of the 
Charleston Harbor encompassed within the following points; starting at 
point 1 in position 32[deg]48'48'' N 079[deg]54'30'' W; thence west to 
point 2 in position 32[deg]48'48'' N 079[deg]54'54'' W; thence south to 
point 3 in position 32[deg]48'12'' N 079[deg]55'05'' W; thence south to 
point 4 in position 32[deg]47'20'' N 079[deg]55'01'' W; thence east to 
point 5 in position 32[deg]47'21'' N 079[deg]54'31'' W; thence north 
along the bank back to origin. All coordinates are North American Datum 
1983. Persons and vessels, except those participating in the race, 
would be prohibited from entering, transiting through, anchoring, or 
remaining within the safety zone unless specifically authorized by the 
Captain of the Port Charleston or a designated representative. Persons 
and vessels would be able to request authorization to enter, transit 
through, anchor in, or remain within the regulated area by contacting 
the Captain of the Port Charleston by telephone at: (843) 740-7050, or 
a designated representative via VHF radio on channel 16. 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 would be required to comply with the instructions of the 
Captain of the Port Charleston or

[[Page 29394]]

a designated representative. The Coast Guard would provide notice of 
the safety zone by Local Notice to Mariners, Broadcast Notice to 
Mariners, and on-scene designated representatives.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed 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 proposed rule is not significant for the following reasons: (1) 
Although persons and vessels would not be able to enter, transit 
through, anchor in, or remain within the regulated area without 
authorization from the Captain of the Port Charleston or a designated 
representative, they would be able to operate in the surrounding area 
during the enforcement periods; (2) persons and vessels would still be 
able to enter, transit through, anchor in, or remain within the 
regulated area if authorized by the Captain of the Port Charleston or a 
designated representative; and (3) the Coast Guard would provide 
advance notification of the regulated area 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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities: This proposed 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 Charleston harbor encompassed within 
the safety zone from 2:30 p.m. through 5:30 p.m. on September 12; and 
from 10:30 a.m. through 6:30 p.m. on September 13; and from 1:30 p.m. 
through 5:30 p.m. on September 14, 2014. For the reasons discussed in 
the Regulatory Planning and Review section above, this proposed rule 
would not have a significant economic impact on a substantial number of 
small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed 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 
section above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children From Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

[[Page 29395]]

13. Technical Standards

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

14. Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
involves establishing a safety zone issued in conjunction with a 
regatta or marine parade, that will be enforced from 2:30 p.m. through 
5:30 p.m. on September 12, and from 10:30 a.m. through 6:30 p.m. on 
September 13; and from 1:30 p.m. through 5:30 p.m. on September 14, 
2014. This proposed rule involves establishing a safety zone as 
described in figure 2-1, paragraph (34)(g), of the Instruction. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

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 proposes 
to amend 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. 1231; 33 CFR 1.05-1, 6.04-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0324 to read as follows:


Sec.  165.T07-0324  Safety Zones; 9-11 Patriot Festival, Charleston 
Harbor, Charleston, SC.

    (a) Regulated area. All waters of the Charleston Harbor encompassed 
within the following points; starting at point 1 in position 
32[deg]48'48'' N 079[deg]54'30'' W; thence west to point 2 in position 
32[deg]48'48'' N 079[deg]54'54'' W; thence south to point 3 in position 
32[deg]48'12'' N 079[deg]55'05'' W; thence south to point 4 in position 
32[deg]47'20'' N 079[deg]55'01'' W; thence east to point 5 in position 
32[deg]47'21'' N 079[deg]54'31'' W; thence north along the bank back to 
origin. All coordinates are North American Datum 1983.
    (b) Enforcement Period. The rule establishes a safety zone on 
certain waters of the Charleston harbor in Charleston, South Carolina. 
The safety zone will consist of a regulated area which will be enforced 
daily from 2:30 p.m. through 5:30 p.m. on September 12; and from 10:30 
a.m. through 6:30 p.m. on September 13; and from 1:30 p.m. through 5:30 
p.m. on September 14, 2014. The safety zone would consist of a 
regulated area around vessels participating in the event.
    (c) 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 safety zone.
    (d) Regulations. (1) All persons and vessels, except those 
participating in the 9-11 Patriot Festival, or serving as safety 
vessels, are prohibited from entering, transiting through, anchoring 
in, or remaining within the regulated area. 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 safety zone 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.
    (2) The Coast Guard will provide notice of the regulated area by 
Marine Safety Information Bulletins, Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.

    Dated: May 1, 2014.
R.R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2014-11806 Filed 5-21-14; 8:45 am]
BILLING CODE 9110-04-P