Regattas and marine parades: Charleston to Bermuda Sailboat Race,

[Federal Register: April 27, 1999 (Volume 64, Number 80)]

[Rules and Regulations]

[Page 22553-22554]

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

[DOCID:fr27ap99-6]

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.

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. 99-10551Filed4-26-99; 8:45 am]

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