[Federal Register: June 1, 2004 (Volume 69, Number 105)]
[Rules and Regulations]
[Page 30833-30835]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn04-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Charleston 04-046]
RIN 1625-AA00
Safety Zone; Bucksport, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Bucksport Marina Championship powerboat races, on the Intracoastal
Waterway from Little River to Winyah Bay. This regulation is necessary
for the safety of life during the event and to protect commercial and
recreational boaters from the hazards associated with the races. Entry
into the safety zone is prohibited unless authorized by the COTP
Charleston or a designated representative.
DATES: This rule is effective from 10 a.m. on June 5, 2004 until 7 p.m.
on June 6, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket COTP Charleston 04-046 and are available
for inspection or copying at Coast Guard Marine Safety Office
Charleston, South Carolina, between 8 a.m. and 4 p.m., Monday through
Friday, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Matthew Meskun, U.S. Coast Guard
Marine Safety Office Charleston, South Carolina, at (843) 720-3240.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM would be
unnecessary and contrary to public safety interests. This rule is
needed to minimize danger to the public resulting from participant
craft in the Bucksport Marina Championship. The event will be held from
10 a.m. on June 5, 2004 until 7 p.m. on June 6, 2004 and there is not
sufficient time to allow for a notice and comment period prior to the
event. For the safety concerns noted, it is in the public interest to
have these regulations in effect during the event. In addition, advance
notifications will be made via marine information broadcasts.
For the same reasons, 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.
Background and Purpose
The Bucksport Marina Championship is a powerboat race, which will
consist of 25 powerboats 13 to 18 feet in length. Approximately 75
spectator craft are also expected to view the races. Portions of the
Intracoastal Waterway will be closed for the races. The safety zone
will minimize dangers to spectators in attendance. These regulations
require that non-participants remain outside the operating area for
their safety. The operating area includes all waters of the Atlantic
Intracoastal Waterway, from bank to bank, from Little River at Day
Beacon 35 (LLNR 33835) to Winyah Bay 100 yards South of light 38 (LLNR
33845).
During the event, non-participating vessels are prohibited from
anchoring, mooring, or transiting within this zone, unless authorized
by the Captain of the Port, Charleston, South Carolina or the Coast
Guard Patrol Commander.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary, because the safety zone will only be in effect
for 2 days and only covers a limited area.
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 business, not-for-profit organizations that are
independently owned and operated and are not
[[Page 30834]]
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 will not have a significant economic impact on a
substantial number of small entities for the following reasons: this
rule is for a highly publicized event and will only be in effect for a
limited time and for a limited area. The Coast Guard Patrol Commander
can authorize transits through the regulated area during scheduled
openings every 1.5 hours.
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 could better evaluate
its effects on them and participate in the rulemaking process. Small
entities may contact the person listed under FOR FURTHER INFORMATION
CONTACT for assistance in understanding and participating in this
rulemaking. We also have a point of contact for comment on actions by
employees of the Coast Guard. 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).
Collection of Information
This rule calls for no new collection of information requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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 the preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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 safety that may disproportionately
affect children.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order, because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph 34(g), of the Instruction, from further
environmental documentation. Under figure 2-1, paragraph (34)(g), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
Under paragraph 34(g), of the Instruction, Coast Guard categorical
exclusions include regulations that establish safety zones.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulations
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165, as follows:
PART 165--SAFETY ZONES AND SECURITY ZONES
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add new temporary Sec. 165.T07-046 to read as follows:
Sec. 165.T07-046 Safety Zone; Bucksport, SC.
(a) Regulated area. The Coast Guard is establishing a temporary
fixed safety zone in all waters of the Atlantic Intracoastal Waterway,
from bank to bank and surface to bottom, from Little River at Day
Beacon 35 (LLNR 33835) to Winyah Bay 100 yards South of Light 38 (LLNR
33845).
(b) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the Coast Guard who has
been designated by the Captain of the Port, Charleston, South Carolina.
(c) Regulations. In accordance with the general regulations in
165.23 of this part, anchoring, mooring or transiting in this zone is
prohibited unless authorized by the Coast Guard Captain
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of the Port or Coast Guard Patrol Commander.
(d) Effective period: This rule is effective from 10 a.m. on June
5, 2004 until 7 p.m. on June 6, 2004.
Dated: May 19, 2004.
Keith B. Janssen,
Lieutenant Commander, U.S. Coast Guard, Captain of the Port,
Charleston, South Carolina.
[FR Doc. 04-12357 Filed 5-28-04; 8:45 am]
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