[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Rules and Regulations]
[Pages 33543-33547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08709]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0691]
RIN 1625-AA08


Special Local Regulations; Recurring Marine Events, Sector 
Charleston

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising existing regulations and 
consolidating into one table the special local regulations for 
recurring marine events at various locations within the geographic 
boundaries of the Seventh Coast Guard District Captain of the Port 
(COTP) Charleston Zone. Consolidating marine events into one table 
simplifies Coast Guard oversight and public notification of special 
local regulations within COTP Charleston Zone.

DATES: This rule is effective July 2, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0691 in the ``SEACH'' 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 LT Chad Ray, Sector Charleston Waterways Management 
Division, U.S. Coast Guard; telephone 843-740-3184, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Recurring race, swim, and other marine events within the Seventh 
Coast Guard District are currently listed in 33 CFR 100.701, Table 1 to 
Sec.  100.701. The process for amending the table (e.g. adding or 
removing marine events) is lengthy and inefficient since it includes 
recurring marine events for seven different COTP zones within the 
Seventh District. To expedite and simplify the rulemaking process for 
new marine events/special local regulations, COTP's resorted to 
creating individual rules rather than amending the Table 1 to Sec.  
100.701.
    This rule serves two purposes: (1) Create a table of recurring 
marine events/special local regulations occurring solely within the 
COTP Charleston Zone, and (2) consolidate into that table marine 
events/special local regulations previously established outside of 
Table 1 to Sec.  100.701. The new table facilitates management of and 
public access to information about marine events within the COTP 
Charleston Zone.
    The Coast Guard published a notice of proposed rulemaking (NPRM) 
titled ``Special Local Regulations; Recurring Marine Events, Sector 
Charleston'' (85 FR 5177). There we stated why we issued the NPRM, and 
invited comments on our proposed regulatory action. During the comment 
period that ended February 28, 2020, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). This rule makes the following 
changes:

    1. Revise the contact information in Sec.  100.701(d)(1) to read 
``Captain of the Port Charleston, South Carolina: (843) 740-7050.'';
    2. Delete the existing special local regulation for the ``Head 
of South'' event listed in existing Table 1 to Sec.  100.701(f)(5) 
because it is no longer held;
    3. Establish Sec.  100.704 for Special Local Regulations; Marine 
Events Within COTP Zone Charleston;
    4. Move the remaining list of existing marine events/special 
local regulations listed in Table 1 to Sec.  100.701(f) under COTP 
Zone Charleston; Special Local Regulations to new Sec.  100.704, 
Table 1 to Sec.  100.704;
    5. Add new event, ``Cooper River Bridge Run'' to new Table 1 to 
Sec.  100.704, Line 1;
    6. Add new event, ``Myrtle Beach Triathlon'' to new Table 1 
Sec.  100.704, Line 3;
    7. Add new event, ``North Charleston Fireworks'' to new Table 1 
Sec.  100.704, Line 5;
    8. Add new event, ``Patriots Point Fireworks'' to new Table 1 
Sec.  100.704, Line 6;
    9. Add new event, ``Beaufort Water Festival Air Show'' to new 
Table 1 Sec.  100.704, Line 8;
    10. Revise the dates for the existing event, ``Charleston Race 
Week'' listed in new Sec.  100.704, Line 2 to one week (Monday 
through Sunday) in April;
    11. Revise the dates for the existing event, ``Low Country 
Splash'' listed in new Table 1 to Sec.  100.704, Line 4 to one 
Saturday or Sunday during the last two weeks of May or the first two 
weeks of June;
    12. Revise the dates for the existing event, ``Beaufort Water 
Festival'' listed in new Table 1 to Sec.  100.704, Line 7 to ten 
consecutive days (Friday through Sunday) in July;
    13. Revise the dates for the existing event, ``Swim Around 
Charleston'' listed in new Table 1 to Sec.  100.704, Line 9 to one 
weekend day (Saturday or Sunday) during the last two weeks of 
September through the first two weeks of October;
    14. Revise the dates for the existing event, ``Charleston Parade 
of Boats'' in new Table 1 to to Sec.  100.704, Line 10 to one 
weekend day (Friday, Saturday, or Sunday) in December; and
    15. Delete existing Sec.  100.713, which contains a special 
local regulation for the Annual Harborwalk Boat Race; Sampit River, 
Georgetown, SC because it is no longer held.

    The marine events listed in the new Table 1 to Sec.  100.704 are 
scheduled to occur over a particular weekend and month each year. Exact 
dates are intentionally omitted since calendar dates for a specific 
weekend change from year to year. Once dates for a marine event are 
known, the Coast Guard will notify the public of its intent to enforce 
the special local regulation through various means including a Notice 
of Enforcement published in the Federal Register, Local Notice to 
Mariners, and Broadcast Notice to Mariners.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
January 29, 2020. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule revises existing regulations and consolidates the special 
local regulations into one table for recurring marine events at various 
locations within the geographic boundaries of the Seventh Coast Guard 
District Captain of the Port (COTP) Charleston Zone.

[[Page 33544]]

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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the special local regulations. These areas 
are limited in size and duration, and usually do not affect high vessel 
traffic areas. Moreover, the Coast Guard would provide advance notice 
of the regulated areas to the local maritime community Local Notice to 
Mariners, Broadcast to Mariners via VHF-FM marine channel 16, and the 
rule would allow vessels to seek permission to enter the regulated 
area.

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.
    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 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.

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 would 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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have made a preliminary determination 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 the establishment of special local regulations for 
recurring marine events within the COTP Charleston Zone. Normally such 
actions are categorically excluded from further review under paragraphs 
L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 1. A preliminary Record of Environmental Consideration supporting 
this determination is available in the docket. For instructions on 
locating the docket, see the ADDRESSES section of this preamble.

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

    Harbors, Marine Safety, Navigation (water), Reporting and Record 
keeping requirements, Security measures, 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: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. In Sec.  100.701:
0
a. Revise paragraph (d)(1); and
0
b. Remove section (e) from table 1 to the section.
    The revision reads as follows:

[[Page 33545]]

Sec.  100.701  Special Local Regulations; Marine Events in the Seventh 
Coast Guard District.

* * * * *
    (d) * * *
    (1) Captain of the Port Charleston, South Carolina: (843) 740-7050.
* * * * *

0
3. Add Sec.  100.704 to read as follows:


Sec.  100.704  Special Local Regulations; Marine Events within the 
Captain of the Port Charleston.

    The regulations in this section apply to the marine events listed 
in Table 1 of this section. The regulations in this section will be 
effective annually for the duration listed in Table 1 of this section. 
The Coast Guard will notify the maritime community of exact dates and 
times each regulation will be in effect and the nature of each event 
(e.g. location, number of participants, type of vessels involved, etc.) 
through a Notice of Enforcement published in the Federal Register, 
Local Notice to Mariners, and Broadcast Notice to Mariners.
    (a) Definitions. The following definitions apply to this section:
    (1) Designated representative. The term ``designated 
representative'' means Coast Guard Patrol Commanders, including Coast 
Guard coxswains, petty officers, others operating Coast Guard vessels, 
and Federal, state, and local officers designated by or assisting the 
Captain of the Port (COTP) Charleston in the enforcement of the 
regulated areas.
    (2) Spectators. All persons and vessels not registered with the 
event sponsor as participants.
    (b) Event patrol. The Coast Guard may assign an event patrol, as 
described in Sec.  100.40, to each regulated event listed in Table 1 of 
this section. Additionally, a Patrol Commander may be assigned to 
oversee the patrol. The event patrol and Patrol Commander may be 
contacted on VHF Channel 16.
    (c) Special local regulations. (1) The COTP Charleston or 
designated representative may control the movement of all vessels in 
the regulated area. When hailed or signaled by an official patrol 
vessel, a vessel in these areas shall immediately comply with the 
directions given. Failure to do so may result in removal from the area, 
citation for failure to comply, or both.
    (2) The COTP Charleston or designated representative may terminate 
the event, or the operation of any vessel participating in the event, 
at any time it is deemed necessary for the protection of life or 
property.
    (3) Only event sponsor designated participants and official patrol 
vessels are allowed to enter the regulated area, unless otherwise 
authorized by the COTP Charleston or designated representative.
    (4) Spectators may request permission from the COTP Charleston or 
designated representative to enter, transit, remain within, or anchor 
in the regulated area. If permission is granted, spectators must abide 
by the directions of the COTP Charleston or a designated 
representative.
    (d) Event delays or termination. The COTP Charleston or designated 
representative may delay or terminate any event in this section at any 
time to ensure safety of life or property. Such action may be justified 
as a result of weather, traffic density, spectator operation, or 
participant behavior.

  Table 1 to Sec.   100.704--Special Local Regulations; Marine Events Within the Captain of the Port Charleston
                                                [Datum NAD 1983]
----------------------------------------------------------------------------------------------------------------
             Date/time                    Event/sponsor             Location                Regulated area
----------------------------------------------------------------------------------------------------------------
1. The First Saturday in April:
    Time (Approximate): 7 a.m. to    Cooper River Bridge     Charleston, SC and Mt.  Location: The following is
     10 a.m.                          Run.                    Pleasant, SC.           a safety or security zone.
                                     Sponsor: The Cooper                              All waters of the Cooper
                                      River Bridge Run                                River, and Town Creek
                                      Executive Committee.                            Reaches encompassed within
                                                                                      the following points:
                                                                                      Beginning at
                                                                                      32[deg]48'32'' N,
                                                                                      079[deg]56'08'' W, thence
                                                                                      east to 32[deg]48'20'' N,
                                                                                      079[deg]54'20'' W, thence
                                                                                      south to 32[deg]47'20'' N,
                                                                                      079[deg]54'29'' W, thence
                                                                                      west to 32[deg]47'20'' N,
                                                                                      079[deg]55'28'' W, thence
                                                                                      north to origin.
2. One week (Monday through Sunday)
 in April:
    Time (Approximate): 8 a.m. to 5  Charleston Race Week..  Charleston, SC........  Location: There are five
     p.m. each day.                  Sponsor: Charleston                              race areas:
                                      Race Week LLC.                                 (i) Race Area #1. All
                                                                                      waters of the Charleston
                                                                                      Harbor encompassed within
                                                                                      a 700 yard radius of
                                                                                      position 32[deg]46'10'' N,
                                                                                      079[deg]55'15'' W.
                                                                                     (ii) Race Area #2. All
                                                                                      waters of the Charleston
                                                                                      Harbor encompassed within
                                                                                      a 700 yard radius of
                                                                                      position 32[deg]46'02'' N,
                                                                                      079[deg]54'15'' W.
                                                                                     (iii) Race Area #3. All
                                                                                      waters of the Charleston
                                                                                      Harbor encompassed within
                                                                                      a 700 yard radius of
                                                                                      position 32[deg]45'55'' N,
                                                                                      079[deg]53'39'' W.
                                                                                     (iv) Race Area #4. All
                                                                                      waters of the Charleston
                                                                                      Harbor encompassed within
                                                                                      a 600 yard radius of
                                                                                      position 32[deg]47'40'' N,
                                                                                      079[deg]55'10'' W.
                                                                                     (v) Race Area #5. All
                                                                                      waters of the Charleston
                                                                                      Harbor and Entrance
                                                                                      Channel encompassed within
                                                                                      a 500 yard radius of
                                                                                      position 32[deg]45'34'' N,
                                                                                      79[deg]52'09'' W
                                                                                      continuing to Charleston
                                                                                      Entrance Channel Buoys
                                                                                      Green 11 (LLN 2395.5) and
                                                                                      Red 12 (LLN 2400).
3. One Saturday or Sunday in April:

[[Page 33546]]

 
    Time (Approximate): 7:30 a.m.    Myrtle Beach Triathlon  Myrtle Beach, SC......  Location: The following is
     to 9:30 a.m.                    Sponsor: GO Race                                 a safety zone: Certain
                                      Productions.                                    waters of the Atlantic
                                                                                      Intracoastal Waterway
                                                                                      within the following two
                                                                                      points of position and the
                                                                                      North shore:
                                                                                      33[deg]45'03'' N,
                                                                                      78[deg]50'47'' W to
                                                                                      33[deg]45'18'' N,
                                                                                      78[deg]50'14'' W, located
                                                                                      in Myrtle Beach, South
                                                                                      Carolina.
4. One Saturday or Sunday during
 the last two weeks of May or the
 first two weeks of June:
    Time (Approximate): 6 a.m. to    Low Country Splash....  Charleston, SC and Mt.  Location: All waters within
     11 a.m.                         Sponsor: Logan           Pleasant, SC.           a moving safety zone,
                                      Rutledge Children's                             beginning at Daniel Island
                                      Foundation.                                     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.
5. One night during the first week
 of July:
    Time (Approximate): 8 p.m. to    North Charleston        North Charleston, SC..  Location: The following is
     10 p.m.                          Fireworks.                                      a safety zone. All waters
                                     Sponsor: City of North                           within a 500-yard radius
                                      Charleston.                                     of the barge, from which
                                                                                      fireworks will be launched
                                                                                      on the bank of the Cooper
                                                                                      River at River Front Park
                                                                                      in North Charleston, South
                                                                                      Carolina.
6. One night during the first week
 of July:
    Time (Approximate): 8 p.m. to    Patriots Point          Mt. Pleasant, SC......  Location: The following is
     10 p.m.                          Fireworks.                                      a safety zone: All waters
                                     Sponsor: USS Yorktown                            within a 500-yard radius
                                      Foundation Patriot's                            of the barge, from which
                                      Naval Museum.                                   fireworks will be launched
                                                                                      on the bank of the Cooper
                                                                                      River at Patriots Point in
                                                                                      Charleston, SC.
7. Ten consecutive days (Friday
 through the next Sunday) in July:
    Time (Approximate): 8 a.m. to 5  Beaufort Water          Beaufort, SC..........  Location: All waters 200
     p.m. each day.                   Festival.                                       yards from seawall at
                                     Sponsor: Beaufort                                Waterfront Park extending
                                      Water Festival.                                 from Lady's Island Bridge
                                                                                      to Spanish Point in
                                                                                      Beaufort, SC.
8. One Saturday or Sunday in July:
    Time (Approximate): 12 p.m. to   Beaufort Water          Beaufort, SC..........  Location: The following is
     5 p.m.                           Festival Air Show.                              a safety zone: A portion
                                     Sponsor: Beaufort                                Beaufort River near
                                      Water Festival.                                 Riverfront Park in
                                                                                      Beaufort, SC. The zone is
                                                                                      700 feet wide by 2600 feet
                                                                                      in length on waters of the
                                                                                      Beaufort River encompassed
                                                                                      within the following
                                                                                      points: (1) 32[deg]25'47''
                                                                                      N/080[deg]40'44'' W, (2)
                                                                                      32[deg]25'41'' N/
                                                                                      080[deg]40'14'' W, (3)
                                                                                      32[deg]25'35'' N/
                                                                                      080[deg]40'16'' W, (4)
                                                                                      32[deg]25'40'' N/
                                                                                      080[deg]40'46'' W.
9. One Saturday or Sunday during
 the last two weeks of September or
 the first two weeks of October:
    Time (Approximate): 7:30 a.m.    Swim Around Charleston  Charleston, SC........  Location: The following is
     to 2 p.m.                       Sponsor: Kathleen                                a moving safety zone. All
                                      Wilson.                                         waters 50 yards in front
                                                                                      of the lead safety vessel
                                                                                      preceding the first race
                                                                                      participants, 50 yards
                                                                                      behind the safety vessel
                                                                                      trailing the last race
                                                                                      participants, and at all
                                                                                      times extends 100 yards on
                                                                                      either side of safety
                                                                                      vessels. The Swim Around
                                                                                      Charleston swimming race
                                                                                      consists of a 12 mile
                                                                                      course that starts at
                                                                                      Remley's Point on the
                                                                                      Wando River in approximate
                                                                                      position 32[deg]48'49'' N,
                                                                                      79[deg]54'27'' W, crosses
                                                                                      the main shipping channel
                                                                                      under the main span of the
                                                                                      Ravenel Bridge, and
                                                                                      finishes at the I-526
                                                                                      bridge and boat landing on
                                                                                      the Ashley River in
                                                                                      approximate position
                                                                                      32[deg]50'14'' N,
                                                                                      80[deg]01'23'' W.
10. One Friday, Saturday or Sunday
 in December:

[[Page 33547]]

 
    Time (Approximate): 4 p.m. to 9  Charleston Parade of    Charleston, SC........  Location: Charleston
     p.m.                             Boats.                                          harbor, South Carolina,
                                     Sponsor: City of                                 from Anchorage A through
                                      Charleston, SC Office                           Shutes Folly, Horse Reach,
                                      of Cultural Affairs.                            Hog Island Reach, Town
                                                                                      Creek Lower Reach, Ashley
                                                                                      River, and finishing at
                                                                                      City Marina.
----------------------------------------------------------------------------------------------------------------

Sec.  100.713  [Removed]

0
4. Remove Sec.  100.713.

    Dated: April 17, 2020.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port, Charleston.
[FR Doc. 2020-08709 Filed 6-1-20; 8:45 am]
BILLING CODE 9110-04-P