[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Rules and Regulations]
[Pages 16107-16109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06529]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0023]
RIN 1625-AA00


Safety Zone; Charleston Race Week, Charleston Harbor, Charleston, 
SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone on the waters of 
the Charleston Harbor in Charleston, SC, during the Charleston Race 
Week from April 20, 2017, through April 23, 2017. Charleston Race Week 
is a series of sail boat races in the Charleston Harbor. The safety 
zone is necessary to ensure the safety of participants, spectators, and 
the general public during the event. This regulation prohibits persons 
and vessels from entering, transiting through, anchoring in, or 
remaining within the safety zones unless authorized by the Captain of 
the Port Charleston or a designated representative.

DATES: This rule is effective from April 20, 2017, through April 23, 
2017 and will be enforced from 9 a.m. to 5 p.m. on those days.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0023 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 on this rule 
call or email Lieutenant Commander 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
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 insufficient time remains to publish 
an NPRM and to receive public comments, as the Charleston Race Week 
event will occur before the rulemaking process would be completed. 
Because of the dangers posed by the proximity of the races to the 
navigable waters of the Charleston Harbor, the safety zone is necessary 
to provide for the safety of event participants, spectators, and 
vessels transiting the event area. For those reasons, it would be 
impracticable and contrary to the public interest to publish an NPRM.
    For the reason discussed above, 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.

III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's authority to 
establish regulated safety zones and other limited access areas is 33 
U.S.C. 1231. The purpose of the rule is to ensure the safety of the 
event participants, the general public, vessels and the navigable 
waters during Charleston Race Week.

IV. Discussion of the Rule

    This rule establishes a safety zone on the waters of the Charleston 
Harbor in Charleston, South Carolina during Charleston Race Week. The 
races are scheduled to take place from 9 a.m. to 5 p.m. on April 20, 
2017, through April 23, 2017. Approximately 250 sailboats are 
anticipated to participate in the races, and approximately 30 spectator 
vessels are expected to attend the event. Persons and vessels desiring 
to enter, transit through, anchor in, or remain within the safety zone 
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. 
The Coast Guard will provide notice of the safety zone by Local Notice 
to Mariners, Broadcast Notice to Mariners, and on-scene designated 
representatives.

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, the rule 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

[[Page 16108]]

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 may not enter, 
transit through, anchor in, or remain within the safety zone without 
authorization from the Captain of the Port Charleston or a designated 
representative, they may operate in the surrounding area during the 
enforcement period; and (2) the Coast Guard will provide advance 
notification of the safety zone to the local maritime community by 
Local Notice to Mariners and Broadcast Notice to Mariners.

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'' comprised of small businesses and 
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 would not have a significant 
economic impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
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 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 safety zone that will prohibit persons and vessels from 
entering, transiting through, anchoring in, or remaining within a 
limited area on the waters of the Charleston Harbor. This rule is 
categorically excluded from further review under paragraph 34(g) 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.

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 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
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; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-1, 
6.04-6, 160.5; and Department of Homeland Security Delegation No. 
0170.

0
2. Add a temporary Sec.  165.35T07-0023 to read as follows:


Sec.  165.T07-0023   Safety Zone; Charleston Race Week, Charleston 
Harbor, Charleston, SC.


    Location. The rule consists of the following four 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.
    4. Race Area #4. All waters encompassed within a 600 yard radius of 
position 32[deg]47'50'' N., 79[deg]56'80'' W.
    (b) Definition. The term ``designated representative'' means Coast 
Guard

[[Page 16109]]

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 unless authorized by the Captain of the Port Charleston or a 
designated representative.
    (2) Persons and vessels desiring to enter, transit through, 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, 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.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Period. This rule will be enforced daily from 9 
a.m. until 5 p.m. from April 20 through April 23, 2017.

    Dated: March 29, 2017
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2017-06529 Filed 3-31-17; 8:45 am]
 BILLING CODE 9110-04-P