Special Local Regulation; Charleston Race Week, Charleston Harbor; Charleston, SC, 16277-16279 [2015-06950]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations
Dated: March 23, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
DEPARTMENT OF HOMELAND
SECURITY
If
you have questions on this rule, call or
email Chief Warrant Officer Christopher
Ruleman, telephone (843) 740–3184,
email Christopher.L.Ruleman@uscg.mil.
If you have questions on viewing the
docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
Coast Guard
Table of Acronyms
33 CFR Part 100
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2015–06909 Filed 3–26–15; 8:45 am]
BILLING CODE 5001–06–P
[Docket Number USCG–2015–0018]
RIN 1625–AA08
Special Local Regulation; Charleston
Race Week, Charleston Harbor;
Charleston, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation on
the waters of Charleston Harbor in
Charleston, South Carolina during
Charleston Race Week, a series of
sailboat races. The races are scheduled
to take place on April 17, 2015 through
April 19, 2015. Approximately 300
sailboats are anticipated to participate
in the races. The special local regulation
is necessary to provide for the safety of
life on the navigable waters of the
United States during the races. The
special local regulation consists of three
race areas. Except for those persons and
vessels participating in the sailboat
races, persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within any of the race areas unless
authorized by the Captain of the Port
Charleston or a designated
representative.
DATES: This rule is effective on April 17,
2015 through April 19, 2015. This rule
will be enforced daily from 8:30 a.m.
until 5:00 p.m.
ADDRESSES: Documents indicated in this
preamble are part of docket USCG–
2015–0018. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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.
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:44 Mar 26, 2015
Jkt 235001
A. Regulatory History and Information
On February 19, 2015, we published
a notice of proposed rulemaking
(NPRM) entitled Special Local
Regulation; Charleston Race Week,
Charleston, SC in the Federal Register.
We received no comments on the
proposed rule. No public meeting was
requested, and none was held.
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.
C. Discussion of the Final Rule
From April 17, 2015 through April 19,
2015, Charleston Ocean Racing
Association will host three sailboat
races on Charleston Harbor in
Charleston, South Carolina during
Charleston Race Week. Approximately
300 sailboats will be participating in the
three races. The rule establishes a
special local regulation on certain
waters of Charleston Harbor in
Charleston, South Carolina. The special
local regulation will be enforced daily
from 8:30 a.m. until 5:00 p.m. on April
17, 2015 through April 19, 2015. The
special local regulation consists of the
following three race areas.
1. Race Area #1. All waters
encompassed within an 800 yard radius
of position 32°46′23″ N, 79°55′11″ W.
2. Race Area #2. All waters
encompassed within a 900 yard radius
of position 32°45′54″ N, 79°54′41″ W.
3. Race Area #3. All waters
encompassed within a 900 yard radius
of position 32°46′09″ N, 79°53′52″ W.
Except for those persons and vessels
participating in the sailboat races,
persons and vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within any of the race
areas unless specifically authorized by
the Captain of the Port Charleston or a
designated representative. Persons and
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
16277
vessels desiring to enter, transit through,
anchor in, or remain within any of the
race 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 race
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. 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. 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 and 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, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory 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 those
Orders.
The economic impact of this rule is
not significant for the following reasons:
(1) Although persons and vessels will
not be able to enter, transit through,
anchor in, or remain within the
regulated areas without authorization
from the Captain of the Port Charleston
or a designated representative, they may
operate in the surrounding area during
the enforcement periods; (2) persons
and vessels may still enter, transit
through, anchor in, or remain within the
regulated areas if authorized by the
Captain of the Port Charleston or a
designated representative; and (3) the
Coast Guard will provide advance
notification of the special local
regulation to the local maritime
community by Local Notice to Mariners
and 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
E:\FR\FM\27MRR1.SGM
27MRR1
16278
Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations
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 the
waters of Charleston Harbor
encompassed within the three regulated
areas between 8:30 a.m. and 5:00 p.m.,
from April 17, 2015 through April 19,
2015. 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.
asabaliauskas on DSK5VPTVN1PROD with RULES
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 will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
16:44 Mar 26, 2015
Jkt 235001
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
INTFORMATION 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 cause 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
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
VerDate Sep<11>2014
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.
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,
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
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 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 involves a
special local regulation issued in
conjunction with a regatta or marine
parade. An environmental analysis
checklist and a Categorical Exclusion
Determination were completed for this
event. This rule is categorically
excluded from further review under
paragraph 34(h) of Figure 2–1 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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35T07–0018
to read as follows:
■
§ 100.35T07–0018 Special Local
Regulation; Charleston Race Week,
Charleston Harbor; Charleston, SC.
(a) Regulated Areas. The following
regulated areas are established as a
special local regulation. All coordinates
are North American Datum 1983.
E:\FR\FM\27MRR1.SGM
27MRR1
Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations
asabaliauskas on DSK5VPTVN1PROD with RULES
(1) Race Area #1. All waters
encompassed within an 800 yard radius
of position 32°46′23″ N, 79°55′11″ W.
(2) Race Area #2. All waters
encompassed within a 900 yard radius
of position 32°45′54″ N, 79°54′41″ W.
(3) Race Area #3. All waters
encompassed within a 900 yard radius
of position 32°46′09″ N, 79°53′52″ 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) Except for those
person and vessels participating in the
sailboat races, all persons and vessels
are prohibited from entering, transiting
through, anchoring in, or remaining
within any of the three 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 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 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 areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Period. This rule will
be enforced daily from 8:30 a.m. until
5:00 p.m. from April 17, 2015 through
April 19, 2015.
Dated: March 12, 2015.
B. D. Falk,
Commander, U.S. Coast Guard, Captain of
the Port Charleston.
[FR Doc. 2015–06950 Filed 3–26–15; 8:45 am]
BILLING CODE 9110–04–P
VerDate Sep<11>2014
16:44 Mar 26, 2015
Jkt 235001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0191]
Drawbridge Operation Regulation;
Willamette River, Portland, OR
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the upper deck of
the Steel Bridge across the Willamette
River, mile 12.1, at Portland, OR. This
deviation is necessary to accommodate
the annual Bridge to Brews 8K and 10K
run. This deviation allows the upper
deck of the Steel Bridge to remain in the
closed-to-navigation position and need
not open for marine traffic.
DATES: This deviation is effective from
8:45 a.m. until 10:40 a.m. on April 12,
2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0191] is
available at https://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 deviation. 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 temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Oregon Department of Transportation
(ODOT) has requested that the upper
deck of the Steel Bridge remain closedto-navigation to accommodate the
annual Bridge to Brews 8K and 10K run.
The Steel Bridge crosses the Willamette
River at mile 12.1 and is a double-deck
lift bridge with a lower lift deck and an
upper lift deck which operate
independent of each other. When both
decks are in the down position the
bridge provides 26 feet of vertical
SUMMARY:
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
16279
clearance above Columbia River Datum
0.0. When the lower deck is in the up
position the bridge provides 71 feet of
vertical clearance above Columbia River
Datum 0.0. This deviation does not
affect the operating schedule of the
lower deck which opens on signal.
Under normal conditions the upper
deck of the Steel Bridge operates in
accordance with 33 CFR
117.897(c)(3)(ii) which states that from
8 a.m. to 5 p.m. Monday through Friday
one hour advance notice shall be given
for draw openings, and at all other times
two hours advance notice shall be given
to obtain an opening. This deviation
period is from 8:45 a.m. until 10:40 a.m.
on April 12, 2015. The deviation allows
the upper deck of the Steel Bridge
across the Willamette River, mile 12.1,
to remain in the closed-to-navigation
position and need not open for maritime
traffic from 8:45 a.m. until 10:40 a.m. on
April 12, 2015.
Vessels able to pass through the
bridge in the closed positions may do so
at anytime. The bridge will be able to
open for emergencies and there is no
immediate alternate route for vessels to
pass. The Coast Guard will also inform
the users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessels can arrange
their transits to minimize any impact
caused by the temporary deviation.
Waterway usage on this stretch of the
Willamette River includes vessels
ranging from commercial tug and barge
to small pleasure craft.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: March 23, 2015.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2015–07019 Filed 3–26–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0205]
Drawbridge Operation Regulation;
Willamette River, Portland, OR
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
E:\FR\FM\27MRR1.SGM
27MRR1
]]>Agencies
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Rules and Regulations]
[Pages 16277-16279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06950]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-0018]
RIN 1625-AA08
Special Local Regulation; Charleston Race Week, Charleston
Harbor; Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of Charleston Harbor in Charleston, South Carolina during
Charleston Race Week, a series of sailboat races. The races are
scheduled to take place on April 17, 2015 through April 19, 2015.
Approximately 300 sailboats are anticipated to participate in the
races. The special local regulation is necessary to provide for the
safety of life on the navigable waters of the United States during the
races. The special local regulation consists of three race areas.
Except for those persons and vessels participating in the sailboat
races, persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within any of the race areas unless
authorized by the Captain of the Port Charleston or a designated
representative.
DATES: This rule is effective on April 17, 2015 through April 19, 2015.
This rule will be enforced daily from 8:30 a.m. until 5:00 p.m.
ADDRESSES: Documents indicated in this preamble are part of docket
USCG-2015-0018. To view documents mentioned in this preamble as being
available in the docket, go to https://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 or email Chief Warrant Officer Christopher Ruleman, telephone
(843) 740-3184, email Christopher.L.Ruleman@uscg.mil. 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 History and Information
On February 19, 2015, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulation; Charleston Race Week,
Charleston, SC in the Federal Register. We received no comments on the
proposed rule. No public meeting was requested, and none was held.
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.
C. Discussion of the Final Rule
From April 17, 2015 through April 19, 2015, Charleston Ocean Racing
Association will host three sailboat races on Charleston Harbor in
Charleston, South Carolina during Charleston Race Week. Approximately
300 sailboats will be participating in the three races. The rule
establishes a special local regulation on certain waters of Charleston
Harbor in Charleston, South Carolina. The special local regulation will
be enforced daily from 8:30 a.m. until 5:00 p.m. on April 17, 2015
through April 19, 2015. The special local regulation consists of the
following three race areas.
1. Race Area #1. All waters encompassed within an 800 yard radius
of position 32[deg]46'23'' N, 79[deg]55'11'' W.
2. Race Area #2. All waters encompassed within a 900 yard radius of
position 32[deg]45'54'' N, 79[deg]54'41'' W.
3. Race Area #3. All waters encompassed within a 900 yard radius of
position 32[deg]46'09'' N, 79[deg]53'52'' W.
Except for those persons and vessels participating in the sailboat
races, persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within any of the race areas 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 race 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 race 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.
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. 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 and 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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory 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 those Orders.
The economic impact of this rule is not significant for the
following reasons: (1) Although persons and vessels will not be able to
enter, transit through, anchor in, or remain within the regulated areas
without authorization from the Captain of the Port Charleston or a
designated representative, they may operate in the surrounding area
during the enforcement periods; (2) persons and vessels may still
enter, transit through, anchor in, or remain within the regulated areas
if authorized by the Captain of the Port Charleston or a designated
representative; and (3) the Coast Guard will provide advance
notification of the special local regulation to the local maritime
community by Local Notice to Mariners and 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
[[Page 16278]]
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 the waters of Charleston Harbor encompassed within the
three regulated areas between 8:30 a.m. and 5:00 p.m., from April 17,
2015 through April 19, 2015. 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 will not call for a 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 determined
that this rule 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
INTFORMATION 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 cause 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 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 involves a special local regulation issued in conjunction with a
regatta or marine parade. An environmental analysis checklist and a
Categorical Exclusion Determination were completed for this event. This
rule is categorically excluded from further review under paragraph
34(h) of Figure 2-1 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.
0
2. Add a temporary Sec. 100.35T07-0018 to read as follows:
Sec. 100.35T07-0018 Special Local Regulation; Charleston Race Week,
Charleston Harbor; Charleston, SC.
(a) Regulated Areas. The following regulated areas are established
as a special local regulation. All coordinates are North American Datum
1983.
[[Page 16279]]
(1) Race Area #1. All waters encompassed within an 800 yard radius
of position 32[deg]46'23'' N, 79[deg]55'11'' W.
(2) Race Area #2. All waters encompassed within a 900 yard radius
of position 32[deg]45'54'' N, 79[deg]54'41'' W.
(3) Race Area #3. All waters encompassed within a 900 yard radius
of position 32[deg]46'09'' N, 79[deg]53'52'' 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) Except for those person and vessels
participating in the sailboat races, all persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within any of the three 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 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
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 areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement Period. This rule will be enforced daily from 8:30
a.m. until 5:00 p.m. from April 17, 2015 through April 19, 2015.
Dated: March 12, 2015.
B. D. Falk,
Commander, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2015-06950 Filed 3-26-15; 8:45 am]
BILLING CODE 9110-04-P
