[Federal Register: July 2, 1998 (Volume 63, Number 127)] [Rules and Regulations] [Page 36181-36182] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr02jy98-17] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing temporary special local regulations creating a regulated area in the coastal waters off Charleston, SC, for the Around Alone single-handed sailboat race, sponsored by Great Adventure, Ltd. These regulations will prohibit entry into the regulated area by non-participating vessels during the event. 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 regulation is effective from 10 a.m. (EDT) until 2 p.m. (EDT) on September 26, 1998. FOR FURTHER INFORMATION CONTACT: LTJG S. Brisco, Project Manager, Coast Guard Group Charleston at (803) 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). No comments were received during the comment period. Background and Purpose These regulations are needed to provide for the safety of life during the start of the Around Alone 1998-99 sailing race. These regulations are intended to promote safe navigation offshore Charleston Harbor immediately before, during, and 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 proposed safety regulations. The regulated area will encompass a trapezoidal area south of Charleston Harbor entrance lighted buoy 7 (LLNR 2405). Four conspicuous markers will indicate the corners 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. Regulatory Evaluation This 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. 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 [[Page 36182]] 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 regulations will only be in effect 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 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 rule will not have a significant economic impact on a substantial number of small entities because the regulated area 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. 3501 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 proposal, 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; 40 CFR 1.46 and 33 CFR 100.35 2. A new section 100.35T-07-008 is added 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 four corner points located at 32- 42.72N, 79-47.64W; 32-42.09N, 79-46.96W; 32-41.61N, 79-47.28W; and 32- 41.78N, 79-48.27W. All coordinates reference Datum: NAD 83. These four points will be conspicuously marked with four markers. (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 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. (c) Date. This section becomes effective at 10 a.m. and terminates at 2 p.m. EDT on September 26, 1998. Dated: June 24, 1998. Norman T. Saunders, Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District. [FR Doc. 98-17651 Filed 7-1-98; 8:45 am] BILLING CODE 4910-15-M