[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Rules and Regulations]
[Pages 21258-21260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08392]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0030]
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 a special local regulation for
the Patriot Challenge Kayak Race in Charleston, SC. The race will take
place on April 13, 2013, on the Ashley River. This special local
regulation is necessary to insure the safety of life on navigable
waters of the United States during the race. The special local
regulation will temporarily restrict vessel traffic in a portion of the
Ashley River, preventing non-participant vessels from entering the
regulated areas.
DATES: This rule is effective from 10 a.m. until 12 p.m. on April 13,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0030. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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 Chief Warrant Officer Christopher Ruleman, Sector Charleston
Waterways Management, U.S. Coast Guard; telephone (843) 740-3184, email
[email protected]. If you have questions on viewing the
docket, call Barbara Hairston, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. 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 it is impracticable. The Coast Guard
did not receive necessary information about the event until January 22,
2013. As a result, the Coast Guard did not have sufficient time to
publish an NPRM and to receive public comments prior to the event.
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 same reasons discussed in
the preceding paragraph, a 30 day notice period would be impracticable.
Additionally, a delayed effective date would be contrary to the public
interest because immediate action is needed to minimize potential
danger to the race participant's participant vessels, spectators and
the general public.
B. 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 three Charleston Race Week sailboat races.
On Saturday, April 13, 2013, the Patriot Challenge Kayak Race is
scheduled to take place on the waters of the Ashley River and
Charleston Harbor. The race will commence at Brittlebank Park, transit
south in the Ashley River, head north between Shutes Folly Island and
the Charleston peninsula, and then turn around in Tidewater Reach. The
race will then return to Brittlebank Park by the same route. The event
consists of a large number of kayakers whose speeds are incomparable to
powerboats. There will be safety vessels preceding the first
participant kayakers, and following the last participant kayakers. The
event poses significant risks to participants, spectators, and the
boating public because of the large number of paddlers and recreational
vessels that are expected in the area of the event. The special local
regulation is necessary to ensure the safety of participants,
spectators, and vessels from the hazards associated with the event.
C. Discussion of Rule
The special local regulation will designate a temporary special
local regulation, on the Ashley River and Charleston Harbor in
Charleston, South Carolina. The special local regulation will be
enforced from 10 a.m. until 12 p.m. on April 13, 2013. Persons and
vessels may not enter, transit through, anchor in, or remain within the
safety zone unless 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 the regulated area 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 area 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. The Coast Guard will
provide notice of the special local regulation by Local Notice to
Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.
1. 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 Executive Order 12866 or under section 1 of Executive Order
13563. 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 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 surrounding area during the
effective period; (3) persons and
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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) advance notification will be made
to the local maritime community via broadcast notice to mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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 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
regulation between 10:00 a.m. and 12:00 p.m. on April 13, 2013. 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.
3. Assistance for Small Entities
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,
above.
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.
4. 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).
5. 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 have
determined that it does not have implications for federalism.
6. 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.
7. 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 will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
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 a special local regulation issued in
conjunction with a regatta or marine parade. This rule is categorically
excluded, under figure 2-1, paragraph (34)(g), of the Commandant
Instruction. We seek any comments or information that may lead to the
discovery of a significant environmental impact from 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.
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2. Add Sec. 100.T07-0030 to read as follows:
Sec. 100.T07-0030 Special Local Regulation; Patriot Challenge Kayak
Race, Ashley River; Charleston, SC.
(a) Regulated Areas. The following regulated area is established as
a special local regulation: All waters within a moving zone, beginning
at Brittlebank Park, transiting south in the Ashley River, heading
north between Shutes Folly Island and the Charleston peninsula, and
then turning around in Tidewater Reach. The race will then return to
Brittlebank Park by the same route in reverse order. The zone will at
all times extend 75 yards both in front of the lead safety vessel
preceding the first race participants; 75 yards behind the safety
vessel trailing the last race participants; and at all times extending
100 yards on either side of participating race and safety vessels.
Information regarding the identity of the lead safety vessel and the
last safety vessel will be provided 1 day prior to the race via
broadcast notice to mariners and marine safety information bulletins.
(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, except those participating in the
Patriot Challenge or serving as safety vessels, are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area 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
permission 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
through advanced notice via broadcast notice to mariners and by on-
scene designated representatives.
(d) Effective Date. The rule is effective from 10:00 a.m. until
12:00 p.m. on April 13, 2013.
Dated: March 28, 2013.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2013-08392 Filed 4-9-13; 8:45 am]
BILLING CODE 9110-04-P