Safety Zones; Charleston Race Week, Charleston Harbor, Charleston, SC, 18389-18391 [2011-7872]
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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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 https://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
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:
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SUMMARY:
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
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‘‘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.
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18389
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.
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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations
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).
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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
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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.
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
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.
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:
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
■
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Add a temporary § 165.T07–1152 to
read as follows:
§ 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°46′00″ N, 79°54′56″ W.
(2) Safety Zone #2. All waters
encompassed within a 900 yard radius
of position 32°45′49″ N, 79°54′08″ W.
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(3) Safety Zone #3. All waters
encompassed within a 900 yard radius
of position 32°45′46″ N, 79°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 onscene 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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BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0140]
RIN 1625–AA00
Safety Zone; Texas International Boat
Show Power Boat Races; Corpus
Christi Marina, Corpus Christi, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the Corpus Christi, Texas for North
American Tri-Hull Championship
scheduled to take place during the
Texas International Boat Show. The
North American Tri-Hull Championship
will consist of a series of power boat
races for approximately 8–12 vessels
that are 18-feet long. The temporary
safety zone is necessary for the safety of
race participants, spectators and the
general public.
DATES: The rule is effective from 7 a.m.
April 8, 2011 until 8 p.m. April 10,
2011.
SUMMARY:
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0140 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0140 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
rule, call or e-mail LT Wes Geyer, Sector
Corpus Christi Waterways Management
Division, Coast Guard; telephone 361–
888–3162, e-mail
Wes.M.Geyer@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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
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18391
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
dates of the event were changed to an
earlier date to eliminate the conflict
with a sailing regatta that would have
presented a safety issue for participants
in both events.
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. Due to the need for immediate
action the restriction of vessel traffic
and spectator craft is necessary to
protect life, property and the
environment; therefore, a 30-day notice
is impracticable. Delaying the effective
date would be contrary to the safety
zone’s intended objectives of protecting
participants and spectators from the
known dangers associated with power
boat races.
Basis and Purpose
This safety zone is necessary to
ensure the safety of the public and
boating traffic in the Corpus Christi
Marina area during this event. This
safety zone is intended to restrict vessel
traffic from a portion of the Corpus
Christi Marina for short durations of
time. The size of the zone was
determined by natural barriers on all
four sides of the race course and local
knowledge about wind, waves, and
currents in this particular area.
Discussion of Rule
This safety zone will encompass all
waters of the Corpus Christi Marina
contained between the People’s Street
T-Head on the west, the breakwater on
the east, the southern boundary running
from the southernmost tip of the
People’s Street T-Head (approx 27N
47′43.4″, ¥97W 23′16″) along a line
running due east to the breakwater
(approx 27N 47′43.8″, ¥97W 23′5.2″),
and the northern boundary line running
from the northern most tip of the
secondary breakwater (approx 27N
47′57″, ¥97W 23′21.7″) and the end of
the primary breakwater (approx 27N
47′59.1″, ¥97 23′9.5″).
Potential users of the waters
contained in the temporary safety zone
will be notified by VHF–FM radio from
the Patrol Commander and also from a
designated representative of the Captain
of the Port over the race committee’s
loud hailer speaker system when the
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]]>Agencies
[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18389-18391]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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 https://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 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 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.
[[Page 18391]]
(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]
BILLING CODE 9110-04-P
