Regattas and marine parades: Around Alone Sailboat Race,

[Federal Register: September 21, 1998 (Volume 63, Number 182)]

[Rules and Regulations]

[Page 50160-50162]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr21se98-16]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-98-008]

RIN 2115-AE46

Special Local Regulations; Around Alone Sailboat Race, Charleston, SC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

[[Page 50161]]

SUMMARY: The Coast Guard is revising the temporary special local regulations that created a regulated area in the coastal waters off Charleston, SC, for the Around Alone single-handed sailboat race, sponsored by Great Adventures, Ltd. The revisions to the dimensions of the regulated area include extending the area further offshore and will ensure a more controlled start and safer passage for the participants once the race has begun. These regulations are necessary to provide for the safety of life on navigable waters because of the expected presence of numerous spectator craft.

DATES: This section becomes effective from 10 am until 2 pm (EDT) on September 26, 1998.

FOR FURTHER INFORMATION CONTACT: LTJG S. Brisco, Project Manager, Coast Guard Group Charleston at (843) 724-7628.

SUPPLEMENTARY INFORMATION:

Regulatory History

The Coast Guard published a Notice of Proposed Rulemaking in the Federal Register on March 30, 1998 (63 FR 15115) and the Final Rule on July 2, 1998 (63 FR 36181).

Background and Purpose

These regulations revised the size and location of the regulated area and are needed to provide for the safety of life during the start of the Around Alone 1998-99 sailing race. These revised regulations are intended to promote safe navigation offshore of Charleston Harbor immediately before, during, and after the start of the race, by creating a larger area to control 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.

The regulated area will encompasses an area south of Charleston Harbor entrance lighted buoy 7 (LLNR 2405). Eight conspicuous markers will indicate the boundaries of the regulated area. These regulations prohibit the movement of spectator vessels and other non-participants within the regulated area on September 26, 1998, between 10 a.m. and 2 p.m., at the discretion of the Coast Guard Patrol Commander.

In accordance with 5 U.S.C. 533, a notice of proposed rulemaking has not been published for these revised regulations and good cause exists for making them effective in less than 30 days from the date of publication in the Federal Register. Following normal rulemaking procedures would have been impracticable. The decision to increase the size of the regulated area for safety purposes was not made with sufficient time remaining to publish proposed rules in advance of the event or to provide for delayed effective date.

Regulatory Evaluation

This revised rule is not a major 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. The Office of Management and Budget has exempted it from review under that order. It is not significant under the regulatory polices 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. The revised regulations will only be in effective for approximately 4 hours on September 26, 1998.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard must consider whether this revised 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 5 U.S.C. 605(b) that this revised rule will not have a significant economic impact on a substantial number of small entities because the increase in the size of the regulated area is not significant, and it would be in effect for only 4 hours in a limited area outside Charleston harbor.

Collection of Information

This rule contains no collection of information requirements under the Paperwork Reduction Act (44 U.S.C. 3051 et seq.)

Federalism

The Coast Guard has analyzed this action in accordance with the principles and criteria contained in Executive Order 12612 and has determined that this rule 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 revised rule, and has determined pursuant figure 2-1, paragraph #34(h) of Commandant Instruction M16475.1C, that this proposal is categorically excluded from further environmental documentation. A Categorical Exclusion Determination is available in the docket for inspection and copying.

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; 49 CFR 1.46 and 33 CFR 100.35.

  2. Revise section 100.35T-07-008 to read as follows:

    Sec. 100.35T-07-008 Around Alone 1998-99 Sailing Race; Charleston, SC.

    (a) Definitions:

    (1) Regulated area. The regulated area includes the waters off Charleston, SC, in an area bounded by eight points located at 32- 42.112N, 79-48.008W; 32-41.711N, 79-47.329W; 32-41.676N, 79-46.730W; 32-41.169N, 79-45.737W; 32-40.033N, 79-46.709W; 32-40.619N, 79-47.671W; 32-41.091N, 79-47.867W; 32-41.554N, 79-48.591W. All coordinates reference Datum: NAD 83. Each of these eight points will be conspicuously marked with a marker.

    (2) 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.

    (b) Special Local Regulations. (1) Entry into the regulated area by other than event participants is prohibited, unless otherwise 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 outbound commercial traffic.

    (3) Spectator and other non-participating vessels may only follow the participants out of Charleston

    [[Page 50162]]

    Harbor to the race starting area if they maintain a minimum distance of 500 yards behind the last participant, at the discretion of the Patrol Commander. Upon completion of the start of the race and when the last race participant has passed the outermost boundary of the regulated area, all vessels may resume normal operations.

    (4) The regulations specified in this paragraph apply only within the navigable waters of the United States. In the waters within the regulated area that are outside the navigable waters of the United States, the following nonobligatory guidelines apply.

    (i) All unaffiliated vessels should remain clear of the regulated area and avoid interfering with any Around Alone participant or Coast Guard vessel. Interference with participants or any race activity may constitute a safety hazard warranting cancellation or termination of all or part of the Around Alone activities by the Captain of the Port.

    (ii) Any unauthorized entry into the zone by unaffiliated vessels constitutes a risk to the safety of marine traffic. Such entry will constitute a factor to be considered in determining whether a person has operated a vessel in a negligent manner in violation of 46 U.S.C. 2302.

    (c) Date. This section becomes effective at 10 a.m. and terminates at 2 p.m. EDT on September 26, 1998.

    Dated: September 10, 1998. Norman T. Saunders, Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.

    [FR Doc. 98-25161Filed9-18-98; 8:45 am]

    BILLING CODE 4910-15-M

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