[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18389-18391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7872]
[[Page 18389]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-1152]
RIN 1625-AA00
Safety Zones; 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 three temporary safety zones
for the Charleston Race Week in Charleston, South Carolina. The races
will take place on April 14, 2011 through April 17, 2011. The temporary
safety zones are necessary for the safety of race participants,
participant vessels, and the general public during the races.
DATES: This rule is effective from April 14, 2011 through April 17,
2011, and will be enforced daily from 9 a.m. until 5 p.m. on April 14,
2011 through April 17, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-1152 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-1152 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or e-mail Lieutenant Julie Blanchfield,
Sector Charleston Waterways Management Division, Coast Guard; telephone
843-740-3184, e-mail [email protected]. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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 the Coast Guard did not receive
notice of the Charleston Race Week with sufficient time to publish an
NPRM and to receive public comments prior to the event. Any delay in
the effective date of this rule would be contrary to the public
interest because immediate action is needed to minimize the potential
danger to race participants, participant vessels, and the general
public.
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 for the reasons enumerated above.
In addition, there is an immediate need to protect waterway users from
hazards associated with these races.
Background and Purpose
Charleston Ocean Racing Association, in partnership with the South
Carolina Maritime Foundation, will be hosting three sailboat races
commencing on April 14, 2011 and concluding on April 17, 2011 in the
Charleston Harbor, Charleston, South Carolina. The temporary safety
zones are necessary to protect race participants, participant vessels,
and the general public from the hazards associated with the sailboat
races.
Discussion of Rule
The three temporary safety zones encompass certain navigable waters
of the Charleston Harbor, Charleston, South Carolina. The safety zones
will be enforced daily from 9 a.m. until 5 p.m. on April 14, 2011
through April 17, 2011. Persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within any of
the safety zones 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 safety zones may contact the Captain of the Port Charleston via
telephone at 843-740-7050, or a designated representative via VHF radio
on channel 16, to seek authorization. The Coast Guard will provide
notice of the safety zones via broadcast notice to mariners and marine
safety information bulletins. On-scene notice will also be provided by
the Coast Guard or local law enforcement.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
The economic impact of this rule is not significant for the
following reasons: (1) The rule will be in effect for only four days;
(2) the safety zones will be enforced for only eight hours each day;
(3) although persons and vessels will not be able to enter, transit
through, anchor in, or remain within any of the safety zones without
authorization from the Captain of the Port Charleston or a designated
representative, they will be able to operate in the surrounding area
during the enforcement periods; (4) persons and vessels may still
enter, transit through, anchor in, or remain within the safety zones if
authorized by the Captain of the Port Charleston or a designated
representative; and (5) advance notification of the safety zones will
be made to the local maritime community via broadcast notice to
mariners and marine safety information bulletins.
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 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
enter, transit through, anchor in, or remain within the waters of the
Charleston Harbor encompassed within any of the three safety zones from
9 a.m. on April 14, 2011 through 5 p.m. on April 17, 2011.
[[Page 18390]]
For the reasons discussed in the Regulatory Planning and Review section
above, this rule will not have a significant economic impact on a
substantial number of small entities.
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 can better evaluate its
effects on them and participate in the rulemaking process.
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.
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 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 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 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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing three
temporary safety zones that will be enforced for eight hours each day
for four days. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add a temporary Sec. 165.T07-1152 to read as follows:
Sec. 165.T07-1152 Safety Zones; Charleston Race Week, Charleston
Harbor, Charleston, SC.
(a) Regulated areas. The following regulated areas are safety
zones. All coordinates are North American Datum 1983.
(1) Safety Zone #1. All waters encompassed within an 800 yard
radius of position 32[deg]46'00'' N, 79[deg]54'56'' W.
(2) Safety Zone #2. All waters encompassed within a 900 yard radius
of position 32[deg]45'49'' N, 79[deg]54'08'' W.
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(3) Safety Zone #3. All waters encompassed within a 900 yard radius
of position 32[deg]45'46'' N, 79[deg]53'13'' 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
areas unless authorized by the Captain of the Port Charleston or a
designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within any of the regulated areas may contact the Captain
of the Port Charleston via telephone at 843-740-7050, or a designated
representative via VHF radio on channel 16, to seek authorization. If
authorization to enter, transit through, anchor in, or remain within
any of the regulated 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.
(3) The Coast Guard will provide notice of the regulated area via
broadcast notice to mariners, marine safety information bulletins, and
by on-scene designated representatives.
(d) Effective Date and Enforcement Periods. This rule is effective
from April 14, 2011 through April 17, 2011. The regulated areas will be
enforced daily from 9 a.m. until 5 p.m. on April 14, 2011 through April
17, 2011.
Dated: March 18, 2011.
Michael F. White Jr.,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2011-7872 Filed 4-1-11; 8:45 am]
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