[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Rules and Regulations]
[Pages 19036-19038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07589]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-1055]
RIN 1625-AA08


Special Local Regulation; 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, SC during the Charleston 
Race Week from April 15, 2016 through April 17, 2016. This special 
local regulation is necessary to ensure the safety of participants, 
spectators, and the general public during the event. This regulation 
prohibits persons and vessels from being in the regulated area unless 
authorized by the Captain of the Port Charleston or a designated 
representative.

DATES: This rule is effective from April 15, 2016 through April 17, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1055 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Lieutenant John Downing, Sector Charleston Office of 
Waterways Management, Coast Guard; telephone(843)740-3184, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On November 18, 2015, the Charleston Ocean Racing Association 
notified the Coast Guard that it will sponsor a series of sailboat 
races in the Charleston Harbor, Charleston, SC. from 8:30 a.m. to 5 
p.m. April 15, 2016 through April 17, 2016. In response, on February 5, 
2016, the Coast Guard published a notice of proposed rulemaking titled 
Charleston Race Week. There we stated why we issued the NPRM and 
invited comments on our proposed regulatory action related to this 
special local regulation. During the comment period that ended March 7, 
2016, we received no comments.
    Under good cause provisions in 5 U.S.C. 553(d)(3), we are making 
this rule effective less than 30 days after its publication in the 
Federal Register. The Coast Guard finds that good cause exists for 
making this rule effective starting April 15, 2016 because this special 
local regulation is necessary to ensure the safety of life and property 
during this high speed boat race and it would be contrary to public 
interest not to make this rule effective by April 15, 2016. Also, this 
regulation will have a limited impact on the waterway for a limited 
time and designated representatives will be on scene to assist the 
public with compliance.

III. Legal Authority and Need for Rule

    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. It was 
determined that potential hazards are associated with the areas used in 
the Charleston Race Week sailboat races that can be alleviated by 
prohibiting access to the regulated areas.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
February 5, 2016. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    From April 15, 2016 through April 17, 2016, Charleston Ocean Racing 
Association will host three sailboat races on Charleston Harbor in 
Charleston, South Carolina during Charleston Race Week. Approximately 
300 sailboats will participate in the three races. This 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 8:30 a.m. until 5 p.m. on April 15, 2016 through 
April 17, 2016. The special local regulation consists of the following 
three race areas.
    1. Race Area #1. All waters encompassed within a 700 yard radius of 
position 32[deg]46'10'' N. 79[deg]55'15'' W.
    2. Race Area #2. All waters encompassed within a 700 yard radius of 
position 32[deg]46'02'' N. 79[deg]54'15'' W.
    3. Race Area #3. All waters encompassed within a 700 yard radius of 
position 32[deg]45'55'' N. 79[deg]53'39'' 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.

[[Page 19037]]

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 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. 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 Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget. 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) Non-participant persons and vessels may enter, 
transit through, anchor in, or remain within the regulated area during 
the enforcement periods if authorized by the Captain of the Port 
Charleston or a designated representative; (2) vessels not 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 may operate in the surrounding areas during 
the enforcement period; 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; 
(4) the safety zone will impact only 3 small designated areas of 
Charleston Harbor for less than 9 hours per day for 3 days over the 
weekend of April 15, to 17, 2016, and thus is limited in time and 
scope.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 received no comments from the Small Business 
Administration on this rulemaking. 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 owner or operators of vessels intending to enter, 
transit through, anchor in, or remain within the regulated area during 
the enforcement period. For the reasons discussed in Regulatory 
Planning and Review section above, this rule will not have a 
significant economic impact on a substantial number of 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 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.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. 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.

F. 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(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 from 
further review under paragraph 34(h) of Figure 2-1 of the Commandant 
Instruction.
    An environmental analysis checklist supporting this determination 
and a Categorical Exclusion Determination are available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this rule.

[[Page 19038]]

G. 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.

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.  100.35T07-1055 to read as follows:


Sec.  100.35T07-1055  Special Local Regulation; Charleston Race Week, 
Charleston Harbor, Charleston, SC.

    (a) Regulated Area. A special local regulation is established on 
waters of Charleston Harbor in Charleston, South Carolina. The special 
local regulations will be enforced daily from 8:30 a.m. until 5 p.m. 
from April 15, 2016 through April 17, 2016. The special local 
regulations consist of the following three race areas.
    (1) Race Area #1. All waters encompassed within a 700 yard radius 
of position 32[deg]46'10'' N. 79[deg]55'15'' W.
    (2) Race Area #2. All waters encompassed within a 700 yard radius 
of position 32[deg]46'02'' N. 79[deg]54'15'' W.
    (3) Race Area #3. All waters encompassed within a 700 yard radius 
of position 32[deg]45'55'' N. 79[deg]53'39'' 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) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area, except persons and vessels participating in Charleston 
Race Week or serving as safety vessels. 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.
    (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.
    (d) Enforcement Date. This rule will be enforced daily from 8:30 
a.m. until 5 p.m. from April 15 through April 17, 2016.

    Dated: March 29, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-07589 Filed 4-1-16; 8:45 am]
 BILLING CODE 9110-04-P