Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 18389 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–1152] 

RIN 1625–AA00 

Safety Zones; Charleston Race Week, 

Charleston Harbor, Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing three temporary safety 

zones for the Charleston Race Week in 

Charleston, South Carolina. The races 

will take place on April 14, 2011 

through April 17, 2011. The temporary 

safety zones are necessary for the safety 

of race participants, participant vessels, 

and the general public during the races. 

DATES: This rule is effective from April 

14, 2011 through April 17, 2011, and 

will be enforced daily from 9 a.m. until 

5 p.m. on April 14, 2011 through April 

17, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

1152 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–1152 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 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 

final rule, call or e-mail Lieutenant Julie 

Blanchfield, Sector Charleston 

Waterways Management Division, Coast 

Guard; telephone 843–740–3184, e-mail 

Julie.E.Blanchfield@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

Coast Guard did not receive notice of 

the Charleston Race Week with 

sufficient time to publish an NPRM and 

to receive public comments prior to the 

event. Any delay in the effective date of 

this rule would be contrary to the public 

interest because immediate action is 

needed to minimize the potential danger 

to race participants, participant vessels, 

and the general public. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register for the reasons enumerated 

above. In addition, there is an 

immediate need to protect waterway 

users from hazards associated with 

these races. 

Background and Purpose 

Charleston Ocean Racing Association, 

in partnership with the South Carolina 

Maritime Foundation, will be hosting 

three sailboat races commencing on 

April 14, 2011 and concluding on April 

17, 2011 in the Charleston Harbor, 

Charleston, South Carolina. The 

temporary safety zones are necessary to 

protect race participants, participant 

vessels, and the general public from the 

hazards associated with the sailboat 

races. 

Discussion of Rule 

The three temporary safety zones 

encompass certain navigable waters of 

the Charleston Harbor, Charleston, 

South Carolina. The safety zones will be 

enforced daily from 9 a.m. until 5 p.m. 

on April 14, 2011 through April 17, 

2011. Persons and vessels are prohibited 

from entering, transiting through, 

anchoring in, or remaining within any 

of the safety zones 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 safety 

zones may contact the Captain of the 

Port Charleston via telephone at 843– 

740–7050, or a designated 

representative via VHF radio on channel 

16, to seek authorization. The Coast 

Guard will provide notice of the safety 

zones via broadcast notice to mariners 

and marine safety information bulletins. 

On-scene notice will also be provided 

by the Coast Guard or local law 

enforcement. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, 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 not reviewed it under that 

Order. 

The economic impact of this rule is 

not significant for the following reasons: 

(1) The rule will be in effect for only 

four days; (2) the safety zones will be 

enforced for only eight hours each day; 

(3) although persons and vessels will 

not be able to enter, transit through, 

anchor in, or remain within any of the 

safety zones without authorization from 

the Captain of the Port Charleston or a 

designated representative, they will be 

able to operate in the surrounding area 

during the enforcement periods; 

(4) persons and vessels may still enter, 

transit through, anchor in, or remain 

within the safety zones if authorized by 

the Captain of the Port Charleston or a 

designated representative; and 

(5) advance notification of the safety 

zones will be made to the local maritime 

community via broadcast notice to 

mariners and marine safety information 

bulletins. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

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 the Charleston Harbor 

encompassed within any of the three 

safety zones from 9 a.m. on April 14, 

2011 through 5 p.m. on April 17, 2011. 


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18390 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 

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. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

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. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

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 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. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

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. 

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. 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) 

(15 U.S.C. 272 note) directs agencies to 

use voluntary consensus standards in 

their regulatory activities unless the 

agency provides Congress, through the 

Office of Management and Budget, with 

an explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

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 which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing three temporary 

safety zones that will be enforced for 

eight hours each day for four days. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add a temporary § 165.T07–1152 to 

read as follows: 

§ 165.T07–1152 Safety Zones; Charleston 

Race Week, Charleston Harbor, Charleston, 

SC. 

(a) Regulated areas. The following 

regulated areas are safety zones. All 

coordinates are North American Datum 

1983. 

(1) Safety Zone #1. All waters 

encompassed within an 800 yard radius 

of position 32°46′00′′ N, 79°54′56′′ W. 

(2) Safety Zone #2. All waters 

encompassed within a 900 yard radius 

of position 32°45′49′′ N, 79°54′08′′ W. 


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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 18391 

(3) Safety Zone #3. All waters 

encompassed within a 900 yard radius 

of position 32°45′46′′ N, 79°53′13′′ 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) All persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the 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 via telephone at 843–740– 

7050, or a designated representative via 

VHF radio on channel 16, to seek 

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 area via 

broadcast notice to mariners, marine 

safety information bulletins, and by onscene designated representatives. 

(d) Effective Date and Enforcement 

Periods. This rule is effective from April 

14, 2011 through April 17, 2011. The 

regulated areas will be enforced daily 

from 9 a.m. until 5 p.m. on April 14, 

2011 through April 17, 2011. 

Dated: March 18, 2011. 

Michael F. White Jr., 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2011–7872 Filed 4–1–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0140] 

RIN 1625–AA00 

Safety Zone; Texas International Boat 

Show Power Boat Races; Corpus 

Christi Marina, Corpus Christi, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the Corpus Christi, Texas for North 

American Tri-Hull Championship 

scheduled to take place during the 

Texas International Boat Show. The 

North American Tri-Hull Championship 

will consist of a series of power boat 

races for approximately 8–12 vessels 

that are 18-feet long. The temporary 

safety zone is necessary for the safety of 

race participants, spectators and the 

general public. 

DATES: The rule is effective from 7 a.m. 

April 8, 2011 until 8 p.m. April 10, 

2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0140 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0140 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 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 

rule, call or e-mail LT Wes Geyer, Sector 

Corpus Christi Waterways Management 

Division, Coast Guard; telephone 361– 

888–3162, e-mail 

Wes.M.Geyer@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

dates of the event were changed to an 

earlier date to eliminate the conflict 

with a sailing regatta that would have 

presented a safety issue for participants 

in both events. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Due to the need for immediate 

action the restriction of vessel traffic 

and spectator craft is necessary to 

protect life, property and the 

environment; therefore, a 30-day notice 

is impracticable. Delaying the effective 

date would be contrary to the safety 

zone’s intended objectives of protecting 

participants and spectators from the 

known dangers associated with power 

boat races. 

Basis and Purpose 

This safety zone is necessary to 

ensure the safety of the public and 

boating traffic in the Corpus Christi 

Marina area during this event. This 

safety zone is intended to restrict vessel 

traffic from a portion of the Corpus 

Christi Marina for short durations of 

time. The size of the zone was 

determined by natural barriers on all 

four sides of the race course and local 

knowledge about wind, waves, and 

currents in this particular area. 

Discussion of Rule 

This safety zone will encompass all 

waters of the Corpus Christi Marina 

contained between the People’s Street 

T-Head on the west, the breakwater on 

the east, the southern boundary running 

from the southernmost tip of the 

People’s Street T-Head (approx 27N 

47′43.4′′, ¥97W 23′16′′) along a line 

running due east to the breakwater 

(approx 27N 47′43.8′′, ¥97W 23′5.2′′), 

and the northern boundary line running 

from the northern most tip of the 

secondary breakwater (approx 27N 

47′57′′, ¥97W 23′21.7′′) and the end of 

the primary breakwater (approx 27N 

47′59.1′′, ¥97 23′9.5′′). 

Potential users of the waters 

contained in the temporary safety zone 

will be notified by VHF–FM radio from 

the Patrol Commander and also from a 

designated representative of the Captain 

of the Port over the race committee’s 

loud hailer speaker system when the 


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