[Federal Register Volume 64, Number 80 (Tuesday, April 27, 1999)]
[Rules and Regulations]
[Pages 22553-22554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10551]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD07-99-024]
RIN 2115-AE46
Special Local Regulations; Charleston to Bermuda Sailboat Race,
Charleston, SC
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations for the Charleston to Bermuda Sailboat Race. The race will
start on May 22, 1999, near Waterfront Park on the Charleston
Peninsula, and will transit out to sea by the South, Mount pleasant,and
Fort Sumter Ranges in Charleston Harbor. The nature of the event and
the closure of portions of Charleston Harbor creates an extra or
unusual hazard on the navigable waters of Charleston Harbor,
Charleston, SC. These regulations are necessary for the safety of life
on the navigable waters during the event.
DATES: These regulations become effective at 10:30 a.m. and terminate
at 3 p.m. EDT on May 22, 1999.
FOR FURTHER INFORMATION CONTACT: LTJG A.L. Cooper, Project Officer,
Coast Guard Group Charleston at (843) 720-7748.
SUPPLEMENTARY INFORMATION:
Background and Purpose
These regulations are needed to provide for safety of life during
the start of the Charleston to Bermuda Sailboat Race. The regulations
are intended to promote safe navigation on Charleston Harbor
immediately before, during, and immediately after the start of the race
by controlling the traffic entering, exiting, and traveling within the
regulated area. The anticipated concentration of commercial traffic,
spectator vessels, and participating vessels associated with the Race
poses a safety concern which is addressed in these special local
regulations.
The regulations prohibit the entry or movement of spectator vessels
and other non-anticipating vessel traffic between the starting area at
the southern end of Commercial Anchorage Area D (33 CFR 110.173), and
the entrance to the Charleston Harbor jetties on Sunday, May 22, 1999,
from 10:30 a.m. to 3 p.m. EDT. These regulations allow for the movement
of spectator vessels and other no-participants within the regulated
area before the start of the race and after the last participant clears
the Charleston Harbor jetties, at the discretion of the Coast Guard
Patrol Commander.
In accordance with 5 U.S.C. 553, good cause exists for not
publishing a notice of proposed rulemaking for this event, Publishing a
NPRM and delaying its effective date would be contrary to national
safety interests since immediate action is needed to minimize potential
danger to the public as the date of the event was only recently
finalized.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10(e) of the regulatory policies and procedures of DOT is unnecessary.
These regulations will last for only 4.5 hours.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), The
Coast Guard must consider whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include small businesses, not-for-profit organizations that
are independently owned and operated and are not dominant in their
field, and governmental jurisdictions with populations of less than
50,000.
Therefore, the Coast Guard certifies under section 605(b) that this
rule will not have a significant effect upon a substantial number of
small entities as the harbor will only be affected for 4 hours and the
event has been very publicized.
Collection of Information
These regulations contain no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This action has been analyzed in accordance with the principals and
criteria contained in Executive Order 12612 and it has been determined
that this rulemaking does not have sufficient federalism implications
to warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
action and has determined pursuant to Figure 2-1, paragraph (34)(h) of
Commandant Instruction M16475.1C, that this action is categorically
excluded from further environmental documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Temporary Regulations:
In consideration of the foregoing, the Coast Guard amends part 100
of Title 33, Code of Federal Regulations, as follows:
PART 100--[AMENDED]
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR
100.35.
2. Temporary section 100.35T-07-024 is added to read as follows:
Sec. 100.35T-07-024 Charleston to Bermuda Sailboat Race, Charleston
Harbor, Charleston, SC.
(a) Regulated area. The regulated area includes all waters of
Charleston Harbor, Charleston, SC, and the Atlantic Ocean within the
following points:
(1) 32 deg.47'06'' N., 079 deg.55'25'' W. thence to
(2) 32 deg.47'06'' N., 079 deg.55'05'' W. thence to
(3) 32 deg.46'00'' N., 079 deg.55'00'' W. thence to
(4) 32 deg.47'17'' N., 079 deg.53'19'' W. thence to
(5) 32 deg.45'51'' N., 079 deg.53'23'' W. thence to
(6) 32 deg.45'44'' N., 079 deg.53'12'' W. thence to
(7) 32 deg.45'41'' N., 079 deg.51'54'' W. thence to
(8) 32 deg.44'30'' N., 079 deg.50'35'' W. thence to
(9) 32 deg.43'24'' N., 079 deg.48'16'' W. thence to
(10) 32 deg.43'02'' N., 079 deg.48'30'' W. thence to
(11) 32 deg.44'14'' N., 079 deg.50'51'' W. thence to
(12) 32 deg.45'25'' N., 079 deg.52'04'' W. thence to
(13) 32 deg.45'25'' N., 079 deg.55'00'' W. thence to
[[Page 22554]]
(14) 32 deg.45'41'' N., 079 deg.55'22'' W. thence back to point A. All
coordinates referenced use Datum: NAD 83.
(b) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the Coast Guard who has
been designated by the Commander, Coast Guard Group, Charleston, SC.
(c) Regulations. (1) No person or vessel may enter, transit, or
remain in the regulated area unless participating in the event or
authorized by the Coast Guard Patrol Commander.
(2) The Coast Guard Patrol Commander may delay, modify, or cancel
the race as conditions or circumstances require. The Coast Guard Patrol
Commander shall monitor the start of the race with the race committee
to allow for a window of opportunity for the race participants to
depart the harbor with minimal interference with inbound or outbaound
commercial traffic.
(3) Spectator and other non-participating vessels may follow the
participants out to sea while maintaining a minimum distance of 500
yards behind the last participant, at the discretion of the Patrol
Commander. Upon the transit of the last race participant past the
outermost boundary of the Charleston jetties, all vessels may resume
normal operations.
(d) Dates: This section is effective at 10:30 a.m. and terminates
at 3 p.m. EDT on May 22,1999.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 99-10551 Filed 4-26-99; 8:45 am]
BILLING CODE 4910-15-M
