Special Local Regulations; Patriot Challenge Kayak Race, Ashley River, Charleston, SC, 9221-9223 [2011-3573]
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Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the U.S. Code. Subtitle 1,
section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority. This rulemaking is
promulgated under the authority
described in subtitle VII, part A, subpart
I, section 40103. Under that section, the
FAA is charged with prescribing
regulations to assign the use of airspace
necessary to ensure the safety of aircraft
and the efficient use of airspace. This
regulation is within the scope of that
authority as it establishes controlled
airspace at Morgan Hospital Heliport,
Martinsville, IN.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9U,
Airspace Designations and Reporting
Points, dated August 18, 2010, and
effective September 15, 2010, is
amended as follows:
jlentini on DSKJ8SOYB1PROD with RULES
■
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface.
*
*
*
*
*
AGL IN E5 Martinsville, IN [New]
Martinsville, Morgan Hospital Heliport, IN
Point in Space
(Lat. 39°25′00″ N., long. 86°24′49″ W.)
VerDate Mar<15>2010
15:33 Feb 16, 2011
Jkt 223001
That airspace extending upward from 700
feet above the surface within a 6-mile radius
of the Morgan Hospital Heliport point in
space at lat. 39°25′00″ N., long. 86°24′49″ W.
Issued in Fort Worth, Texas, on February
8, 2011.
Richard J. Kervin, Jr.,
Acting Manager Operations Support Group,
ATO Central Service Center.
[FR Doc. 2011–3550 Filed 2–16–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2011–0039]
RIN 1625–AA08
Special Local Regulations; Patriot
Challenge Kayak Race, Ashley River,
Charleston, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing special local regulations for
the Patriot Challenge Kayak Race in
Charleston, SC. The race will take place
on April 10, 2011 on the Ashley River.
These special local regulations are
necessary to insure the safety of life on
navigable waters during the race. These
special local regulations 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 1 p.m.
until 3 p.m. on April 10, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0039 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0039 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 rule, call or
e-mail Lieutenant Julie E. Blanchfield,
Sector Charleston Waterways
Management Division, Coast Guard;
telephone 843–740–3184, e-mail
Julie.E.Blanchfield@uscg.mil. If you
have questions on viewing the docket,
SUMMARY:
PO 00000
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Fmt 4700
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9221
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 Patriot Challenge Kayak Race with
sufficient time to publish an NPRM in
advance of the effective date of this rule.
Any delay in the effective date of this
rule would be contrary to the public
interest because immediate action is
needed to minimize potential danger to
the race participants as well as the
general public.
Background and Purpose
On April 10, 2011, the Patriot
Challenge Kayak Race is scheduled to
take place on the Ashley River in
Charleston, SC. The race will consist of
approximately 100 vessels, including
race kayaks. The race will commence at
Brittlebank Park, transit 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.
These special local regulations are
necessary to protect race participants,
spectators, and other persons and
vessels from the hazards associated with
the race.
Discussion of Rule
The special local regulations consist
of a series of buffer zones around race
participant vessels. These buffer zones
are as follows: (1) All waters within 75
yards in front of the lead safety vessel;
(2) all waters within 75 yards behind the
last safety vessel; and (3) all waters
within 100 yards on either side of each
participating vessel, including race
kayaks. Information regarding the
identity of the lead safety vessel and the
last safety vessel will be provided prior
to the race via broadcast notice to
mariners and marine safety information
bulletins. Persons and vessels are
prohibited from entering, transiting
E:\FR\FM\17FER1.SGM
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9222
Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations
through, anchoring, or remaining within
the buffer zones unless specifically
authorized by the Captain of the Port
Charleston or a designated
representative. These special local
regulations will be effective from 1 p.m.
until 3 p.m. on April 10, 2011.
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.
jlentini on DSKJ8SOYB1PROD with RULES
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.
We expect the economic impact of
this rule to be so minimal that a full
regulatory evaluation is unnecessary.
This rule may have some impact on the
public, but these potential impacts will
be minimal for the following reasons:
(1) The rule will be in effect for only
two 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
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.
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
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15:33 Feb 16, 2011
Jkt 223001
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 buffer zones
from 1 p.m. until 3 p.m. on April 10,
2011. 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.
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
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.
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.
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 (adjusted for
inflation) in any one year. Though this
rule will not result in such an
PO 00000
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Fmt 4700
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Taking of Private Property
This rule will not cause 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
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
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Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations
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)(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
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.T07–0039 to read as
follows:
■
jlentini on DSKJ8SOYB1PROD with RULES
§ 100.T07–0039 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 in front of the
lead safety vessel; all waters within 75
yards behind the last safety vessel; and
all waters within 100 yards on either
side of each participating vessel,
including race kayaks. Information
regarding the identity of the lead safety
VerDate Mar<15>2010
15:33 Feb 16, 2011
Jkt 223001
vessel and the last safety vessel will be
provided prior to the race via broadcast
notice to mariners and marine safety
information bulletins. The race will
commence at Brittlebank Park, transit
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.
(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
otherwise 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 seek
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 1 p.m. until 3 p.m. on April 10,
2011.
Dated: February 8, 2011.
Michael F. White, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2011–3573 Filed 2–16–11; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
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Fmt 4700
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9223
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket Number USCG–2011–0026]
Drawbridge Operation Regulation;
Upper Mississippi River, Rock Island,
IL
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Eighth
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Rock
Island Railroad and Highway
Drawbridge across the Upper
Mississippi River, mile 482.9, at Rock
Island, Illinois. The deviation is
necessary to allow the Quad City
Marathon to cross the bridge. This
deviation allows the bridge to be
maintained in the closed-to-navigation
position for four hours.
DATES: This deviation is effective from
7:30 a.m. to 11:30 a.m. on September 25,
2011.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2011–
0026 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0026 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 rule, call or
e-mail Eric A. Washburn, Bridge
Administrator, Western Rivers, Coast
Guard; telephone (314) 269–2378,
e-mail Eric.Washburn@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: The U.S.
Army Rock Island Arsenal requested a
temporary deviation for the Rock Island
Railroad and Highway Drawbridge,
across the Upper Mississippi River, mile
482.9, at Rock Island, Illinois to remain
in the closed-to-navigation position for
a four hour period from 7:30 a.m. to
11:30 a.m., September 25, 2011, while a
marathon is held between the cities of
Davenport, IA and Rock Island, IL. The
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 33 (Thursday, February 17, 2011)]
[Rules and Regulations]
[Pages 9221-9223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3573]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0039]
RIN 1625-AA08
Special Local Regulations; Patriot Challenge Kayak Race, Ashley
River, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing special local regulations for
the Patriot Challenge Kayak Race in Charleston, SC. The race will take
place on April 10, 2011 on the Ashley River. These special local
regulations are necessary to insure the safety of life on navigable
waters during the race. These special local regulations 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 1 p.m. until 3 p.m. on April 10,
2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0039 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0039 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 rule,
call or e-mail Lieutenant Julie E. Blanchfield, Sector Charleston
Waterways Management Division, Coast Guard; telephone 843-740-3184, e-
mail Julie.E.Blanchfield@uscg.mil. 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 Patriot Challenge Kayak Race with sufficient time to
publish an NPRM in advance of the effective date of this rule. Any
delay in the effective date of this rule would be contrary to the
public interest because immediate action is needed to minimize
potential danger to the race participants as well as the general
public.
Background and Purpose
On April 10, 2011, the Patriot Challenge Kayak Race is scheduled to
take place on the Ashley River in Charleston, SC. The race will consist
of approximately 100 vessels, including race kayaks. The race will
commence at Brittlebank Park, transit 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. These special local regulations are necessary
to protect race participants, spectators, and other persons and vessels
from the hazards associated with the race.
Discussion of Rule
The special local regulations consist of a series of buffer zones
around race participant vessels. These buffer zones are as follows: (1)
All waters within 75 yards in front of the lead safety vessel; (2) all
waters within 75 yards behind the last safety vessel; and (3) all
waters within 100 yards on either side of each participating vessel,
including race kayaks. Information regarding the identity of the lead
safety vessel and the last safety vessel will be provided prior to the
race via broadcast notice to mariners and marine safety information
bulletins. Persons and vessels are prohibited from entering, transiting
[[Page 9222]]
through, anchoring, or remaining within the buffer zones unless
specifically authorized by the Captain of the Port Charleston or a
designated representative. These special local regulations will be
effective from 1 p.m. until 3 p.m. on April 10, 2011.
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.
We expect the economic impact of this rule to be so minimal that a
full regulatory evaluation is unnecessary. This rule may have some
impact on the public, but these potential impacts will be minimal for
the following reasons: (1) The rule will be in effect for only two
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 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.
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 buffer zones from 1 p.m. until 3
p.m. on April 10, 2011. 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
(adjusted for inflation) 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 cause 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
[[Page 9223]]
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)(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
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 Sec. 100.T07-0039 to read as follows:
Sec. 100.T07-0039 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 in
front of the lead safety vessel; all waters within 75 yards behind the
last safety vessel; and all waters within 100 yards on either side of
each participating vessel, including race kayaks. Information regarding
the identity of the lead safety vessel and the last safety vessel will
be provided prior to the race via broadcast notice to mariners and
marine safety information bulletins. The race will commence at
Brittlebank Park, transit 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.
(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 otherwise 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 seek 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 1 p.m. until 3 p.m.
on April 10, 2011.
Dated: February 8, 2011.
Michael F. White, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2011-3573 Filed 2-16-11; 8:45 am]
BILLING CODE 9110-04-P
