[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Rules and Regulations]
[Pages 15258-15260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6319]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-1095]
RIN 1625-AA08
Special Local Regulations; Patriot Challenge Kayak Race, Ashley
River, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing special local regulations on
the Ashley River in Charleston, South Carolina during the Patriot
Challenge Kayak Race on Saturday, April 28, 2012. Approximately 150
paddle boats are anticipated to participate in the Patriot Challenge
Kayak Race. Participant paddle boats will include kayaks, canoes, and
paddleboards. These special local regulations are necessary to provide
for the safety of life on navigable waters of the United States during
the race. The special local regulations consist of a series of moving
buffer zones around participant vessels as they transit the Ashley
River from Brittlebank Park to Tidewater Reach and back to Brittlebank
Park. Persons and vessels that are not participating in the race are
prohibited from entering, transiting through, anchoring in, or
remaining within any of the buffer zones unless authorized by the
Captain of the Port Charleston or a designated representative.
DATES: This rule is effective from 12:30 p.m. until 3:30 p.m. on April
28, 2012.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-1095 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-1095 in the ``Keyword''
box, and then clicking ``Search.'' This material is 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 rule,
call or email Ensign John R. Santorum, Sector Charleston Office of
Waterways Management, Coast Guard; telephone (843) 740-3184, email
[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
On December 22, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations; Patriot Challenge Kayak
Race, Ashley River, Charleston, SC in the Federal Register (76 FR
79571). We received no comments on the proposed rule. No public meeting
was requested, and none was held.
Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to insure safety of life on navigable waters of the United
States during the Patriot Challenge Kayak Race.
Discussion of Rule
On Saturday, April 28, 2012, the Patriot Challenge Kayak Race is
scheduled to take place on the waters of the Ashley River in
Charleston, South Carolina. The race will begin at Brittlebank Park,
transit southeast on the Ashley River, head north between Shutes Folly
Island and the Charleston peninsula, and then turn around in Tidewater
Reach. The race will return to Brittlebank Park by the same route.
Approximately 150 paddle boats are anticipated to participate in the
Patriot Challenge Kayak Race. Participant paddle boats will include
kayaks, canoes, and paddleboards.
This rule establishes special local regulations on the Ashley River
in Charleston, South Carolina consisting of a series of buffer zones
around vessels participating in the Patriot Challenge Kayak Race. These
buffer zones are as follows: (1) All waters within 75 yards of the lead
safety vessel; (2) all waters within 75 yards of the last safety
vessel; and (3) all waters within 100 yards of all other participating
vessels, including kayaks, canoes, and paddleboards. Notice of the
special local regulations, including the identities of the lead safety
vessel and the last safety vessel, will be provided prior to the marine
parade by Local Notice to Mariners and Broadcast Notice to Mariners.
The special local regulations will be enforced from 12:30 p.m. until
3:30 p.m. on April 28, 2012. Persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
buffer zones unless authorized by the Captain of the Port Charleston or
a designated representative. Persons and vessels may request
authorization to enter, transit through, anchor in, or remain within
the buffer zones by contacting the Captain of the Port Charleston by
telephone at (843) 740-7050, or a designated representative via VHF
radio on channel 16. If authorization to enter, transit through, anchor
in, or remain within any of the buffer zones is granted by the Captain
of the Port Charleston or a designated representative, all persons and
vessels receiving such authorization are required to comply with the
instructions of the Captain of the Port Charleston or a designated
representative.
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
Executive Orders 13563, Improving Regulation and Regulatory Review,
and 12866, Regulatory Planning and Review, 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 (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). 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 section 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget has not reviewed this rule under
Executive Order 12866.
The economic impact of this rule is not significant for the
following reasons: (1) The special local regulations will be enforced
for only three hours; (2) although persons and vessels will not be able
to enter, transit through, anchor in, or remain within the buffer zones
without authorization from the Captain of the Port Charleston or a
designated representative, they may operate in the
[[Page 15259]]
surrounding area during the enforcement period; (3) persons and vessels
may still enter, transit through, anchor in, or remain within the
buffer zones if authorized by the Captain of the Port Charleston or a
designated representative; and (4) the Coast Guard will provide advance
notification of the special local regulations to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.
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 that portion of the
Ashley River encompassed within the special local regulations from
12:30 p.m. until 3:30 p.m. on April 28, 2012. 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), in the NPRM 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. 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 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 determined
that this rule 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 that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves special local regulations issued in
conjunction with a regatta or marine parade. Under figure 2-1,
paragraph (34)(h), of the Instruction, an
[[Page 15260]]
environmental analysis checklist 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.
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.
0
2. Add a temporary Sec. 100.35T07-1095 to read as follows:
Sec. 100.35T07-1095 Special Local Regulations; Patriot Challenge
Kayak Race, Ashley River, Charleston, SC.
(a) Regulated Areas. The following buffer zones are regulated areas
during the Patriot Challenge Kayak Race: all waters within 75 yards of
the lead safety vessel; all waters within 75 yards of the last safety
vessel; and all waters within 100 yards of all other participating
vessels, including kayaks, canoes, and paddleboards. The identities of
the lead safety vessel and the last safety vessel will be provided
prior to the Patriot Challenge Kayak Race by Local Notice to Mariners
and Broadcast Notice to Mariners. The race will begin at Brittlebank
Park, transit southeast the Ashley River, head north between Shutes
Folly Island and the Charleston peninsula, and then turn around in
Tidewater Reach. The race will return to Brittlebank Park by the same
route.
(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 the regulated areas 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 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 areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement Date. This rule will be enforced from 12:30 p.m.
until 3:30 p.m. on April 28, 2012.
Dated: February 28, 2012.
Michael F. White, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-6319 Filed 3-14-12; 8:45 am]
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