[Federal Register: October 3, 2006 (Volume 71, Number 191)]
[Rules and Regulations]
[Page 58281-58283]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc06-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD07-06-174]
RIN 1625-AA08
Special Local Regulation; Sunfish World Championship Regatta,
Charleston Harbor, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations for the Sunfish World Championship Regatta located in
Charleston Harbor, South Carolina. The event will run from October 1,
2006 through October 6, 2006. This Regulation is necessary to ensure
safety and security during this international event, while also
reducing the impact to commercial traffic in Charleston Harbor.
DATES: This rule is effective from 8 a.m. on October 1, 2006 until 6
p.m. on October 6, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket CGD 07-06-174 and are available for
inspection or copying at Coast Guard Sector Charleston, Prevention
Department (WWM) between 7 a.m. and 3:30 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: CWO Hunter G. Crider, U.S. Coast Guard
Sector Charleston, South Carolina, at (843) 724-7647.
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. An NPRM would be impracticable
and contrary to the public interest since the specific details of this
event, including the race course location, and dates were not provided
to the Coast Guard with sufficient time to publish an NPRM and receive
public comments. This regulation is necessary to ensure the safety and
security of participants and
[[Page 58282]]
vessel traffic during this event. The Coast Guard will provide
additional notification of this event to the public through broadcast
notice to mariners and a Coast Guard Patrol Commander will be on-scene
to provide notice to spectators and other vessels in the area.
For the same reasons mentioned above, and 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 Sunfish World Championship Regatta is a sailing race that will
consist of one hundred Sunfish sailboats of identical design and build,
each approximately 16 feet in length, participating in race events over
several days. In order to ensure safety during this event, the Coast
Guard has defined a regulated area within Charleston Harbor where the
competition will take place and to ensure the safety and security of
the competitors, the Coast Guard is establishing a ``no entry'' zone
around the fleet of participating vessels. When by necessity a course
is set across the South Channel, which includes the Atlantic
Intracoastal Waterway, the ``no entry'' zone will have the effect of
temporarily closing the South Channel to non-participant vessel traffic
in order to allow the fleet to pass safely.
Discussion of Rule
The regulated area contains Charleston Harbor's ``Middle Ground'',
Anchorage area ``Alpha'' and is bound by the following GPS points
connected to each other in a clockwise direction:
A. 32[deg]46.3' N 079[deg]53.6' W
B. 32[deg]47.1' N 079[deg]52.5' W
C. 32[deg]43.1' N 079[deg]52.5' W
D. 32[deg]45.3' N 079[deg]55.1' W
E. 32[deg]46.5' N 079[deg]55.4' W
F. 32[deg]46.6' N 079[deg]54.9' W
G. 32[deg]46.3' N 079[deg]54.6' W and back to point ``A''.
While the regulation is enforced, non-participating vessels will be
prohibited from anchoring or mooring within the regulated area unless
authorized by the Captain of the Port (COTP), Charleston, South
Carolina or the Coast Guard Patrol Commander. During the designated
race times, the sailing committee will establish and mark one or more
race courses within the boundaries of the regulated area. Each course
will be designed to have races that last approximately 2 hours in
duration. There will be no more than 3 races held on any given day. All
races will occur between the hours of 8 a.m. and 6 p.m. local time.
Given the intended course designs and skill of the competitors, it is
expected that at any given time, the participants will occupy only a
portion of the regulated area. A ``no entry'' zone will follow the
fleet around courses set within the regulated area. The ``no entry''
zone extends 200 yards ahead of the lead vessel and 50 yards from all
participants.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 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 DHS (44 FR 11040, February 26, 1979). The Coast Guard expects
the economic impact of this proposal to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DHS is unnecessary. This rule is only effective for
six hours on each day of the regatta, and will expire thereafter.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 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 owners or operators of vessels intending to
transit through the regulated area of Charleston Harbor during the
hours of 8 a.m. to 6 p.m. on each day from October 1, 2006 through
October 6, 2006. This special local regulation will not have a
significant economic impact on a substantial number of small entities
for the following reasons. This regulation will only be enforced a
total of 10 hours per day. Further, the courses will be set within the
regulated area to minimize the impact on commercial traffic and
recreational vessel traffic. Lastly, it is anticipated that the ``no
entry'' zone will only overlay the South Channel less than 6 times per
day, at intervals of less than 30 minutes each time.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If the
rule will affect your small business, organization, or government
jurisdiction and you have questions concerning its revisions or options
for compliance, please contact the person listed under FOR FURTHER
INFORMATION CONTACT for assistance in understanding this rule. 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 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 this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference
[[Page 58283]]
with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not concern an environmental
risk to health or risk to 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
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)(h), of the Instruction, from further
environmental documentation. Under figure 2-1, paragraph (34)(h), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, waterways.
0
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; Department of Homeland Security
Delegation No. 0170.1
0
2. Add Sec. 100.35T-07-174 to read as follows:
Sec. 100.35T-07-174 Special Local Regulation; Sunfish World
Championship Regatta, Charleston, South Carolina
(a) Regulated Area--The regulated area is bounded by an imaginary
line connecting the following coordinates in order as described below:
A. 32[deg]46.3' N 079[deg]53.6' W
B. 32[deg]47.1' N 079[deg]52.5' W
C. 32[deg]43.1' N 079[deg]52.5' W
D. 32[deg]45.3' N 079[deg]55.1' W
E. 32[deg]46.5' N 079[deg]55.4' W
F. 32[deg]46.6' N 079[deg]54.9' W
G. 32[deg]46.3' N 079[deg]54.6' W and back to point ``A''.
(b) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the Coast Guard that
has been designated as such by the Captain of the Port, Charleston,
South Carolina.
(c) Regulations.
(1) No person or vessel shall be anchored or moored within the
regulated area unless authorized by the Coast Guard Captain of the Port
of Charleston or Coast Guard Patrol Commander.
(2) Spectators and other non-participant vessels may enter and
transit through the regulated area but are prohibited from entering
into a mobile buffer zone extending 50 yards in all directions around
all participants and extending 200 yards ahead of the lead boat during
races.
(3) Spectators and non-participant vessels are prohibited from
anchoring, mooring or otherwise stopping their vessel within the
confines of any Navigational channel unless authorized or directed by
the Coast Guard Patrol Commander.
(d) Enforcement Period. This rule will be enforced from 8 a.m. to 6
p.m. daily from October 1, 2006 through October 6, 2006.
(e) Effective Dates. This rule is effective from October 1 to
October 6, 2006.
Dated: September 21, 2006.
J.A. Watson,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District,
Acting.
[FR Doc. E6-16334 Filed 10-2-06; 8:45 am]
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