15258 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Rules and Regulations 

Issued in Washington, DC, on this 9th day 

of March 2012. 

Laricke Blanchard, 

Deputy Director for Policy, Pension Benefit 

Guaranty Corporation. 

[FR Doc. 2012–6301 Filed 3–14–12; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2011–1095] 

RIN 1625–AA08 

Special Local Regulations; Patriot 

Challenge Kayak Race, Ashley River, 

Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations on 

the Ashley River in Charleston, South 

Carolina during the Patriot Challenge 

Kayak Race on Saturday, April 28, 2012. 

Approximately 150 paddle boats are 

anticipated to participate in the Patriot 

Challenge Kayak Race. Participant 

paddle boats will include kayaks, 

canoes, and paddleboards. These special 

local regulations are necessary to 

provide for the safety of life on 

navigable waters of the United States 

during the race. The special local 

regulations consist of a series of moving 

buffer zones around participant vessels 

as they transit the Ashley River from 

Brittlebank Park to Tidewater Reach and 

back to Brittlebank Park. Persons and 

vessels that are not participating in the 

race are prohibited from entering, 

transiting through, anchoring in, or 

remaining within any of the buffer 

zones unless authorized by the Captain 

of the Port Charleston or a designated 

representative. 

DATES: This rule is effective from 12:30 

p.m. until 3:30 p.m. on April 28, 2012. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2011–1095 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2011–1095 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

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 rule, call or 

email Ensign John R. Santorum, Sector 

Charleston Office of Waterways 

Management, Coast Guard; telephone 

(843) 740–3184, email 

John.R.Santorum@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 

On December 22, 2011, we published 

a notice of proposed rulemaking 

(NPRM) entitled Special Local 

Regulations; Patriot Challenge Kayak 

Race, Ashley River, Charleston, SC in 

the Federal Register (76 FR 79571). We 

received no comments on the proposed 

rule. No public meeting was requested, 

and none was held. 

Basis and Purpose 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

special local regulations: 33 U.S.C. 

1233. The purpose of the rule is to 

insure safety of life on navigable waters 

of the United States during the Patriot 

Challenge Kayak Race. 

Discussion of Rule 

On Saturday, April 28, 2012, the 

Patriot Challenge Kayak Race is 

scheduled to take place on the waters of 

the Ashley River in Charleston, South 

Carolina. The race will begin at 

Brittlebank Park, transit southeast on 

the Ashley River, head north between 

Shutes Folly Island and the Charleston 

peninsula, and then turn around in 

Tidewater Reach. The race will return to 

Brittlebank Park by the same route. 

Approximately 150 paddle boats are 

anticipated to participate in the Patriot 

Challenge Kayak Race. Participant 

paddle boats will include kayaks, 

canoes, and paddleboards. 

This rule establishes special local 

regulations on the Ashley River in 

Charleston, South Carolina consisting of 

a series of buffer zones around vessels 

participating in the Patriot Challenge 

Kayak Race. These buffer zones are as 

follows: (1) All waters within 75 yards 

of the lead safety vessel; (2) all waters 

within 75 yards of the last safety vessel; 

and (3) all waters within 100 yards of all 

other participating vessels, including 

kayaks, canoes, and paddleboards. 

Notice of the special local regulations, 

including the identities of the lead 

safety vessel and the last safety vessel, 

will be provided prior to the marine 

parade by Local Notice to Mariners and 

Broadcast Notice to Mariners. The 

special local regulations will be 

enforced from 12:30 p.m. until 3:30 p.m. 

on April 28, 2012. Persons and vessels 

are prohibited from entering, transiting 

through, anchoring in, or remaining 

within the buffer zones unless 

authorized by the Captain of the Port 

Charleston or a designated 

representative. Persons and vessels may 

request authorization to enter, transit 

through, anchor in, or remain within the 

buffer zones by contacting the Captain 

of the Port Charleston by telephone at 

(843) 740–7050, or a designated 

representative via VHF radio on channel 

16. If authorization to enter, transit 

through, anchor in, or remain within 

any of the buffer zones is granted by the 

Captain of the Port Charleston or a 

designated representative, all persons 

and vessels receiving such authorization 

are required to comply with the 

instructions of the Captain of the Port 

Charleston or a designated 

representative. 

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 

Executive Orders 13563, Improving 

Regulation and Regulatory Review, and 

12866, Regulatory Planning and Review, 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has not been designated a significant 

regulatory action under section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

has not reviewed this rule under 

Executive Order 12866. 

The economic impact of this rule is 

not significant for the following reasons: 

(1) The special local regulations will be 

enforced for only three hours; (2) 

although persons and vessels will not be 

able to enter, transit through, anchor in, 

or remain within the buffer zones 

without authorization from the Captain 

of the Port Charleston or a designated 

representative, they may operate in the 


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Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Rules and Regulations 15259 

surrounding area during the 

enforcement period; (3) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the buffer 

zones if authorized by the Captain of the 

Port Charleston or a designated 

representative; and (4) the Coast Guard 

will provide advance notification of the 

special local regulations to the local 

maritime community by Local Notice to 

Mariners and Broadcast Notice to 

Mariners. 

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 

that portion of the Ashley River 

encompassed within the special local 

regulations from 12:30 p.m. until 

3:30 p.m. on April 28, 2012. 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), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could 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 the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule 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 that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

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

involves special local regulations issued 

in conjunction with a regatta or marine 

parade. Under figure 2–1, paragraph 

(34)(h), of the Instruction, an 


sroberts on DSK5SPTVN1PROD with RULES
15260 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Rules and Regulations 

environmental analysis checklist and a 

categorical exclusion determination are 

not required for this rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary § 100.35T07–1095 

to read as follows: 

§ 100.35T07–1095 Special Local 

Regulations; Patriot Challenge Kayak Race, 

Ashley River, Charleston, SC. 

(a) Regulated Areas. The following 

buffer zones are regulated areas during 

the Patriot Challenge Kayak Race: all 

waters within 75 yards of the lead safety 

vessel; all waters within 75 yards of the 

last safety vessel; and all waters within 

100 yards of all other participating 

vessels, including kayaks, canoes, and 

paddleboards. The identities of the lead 

safety vessel and the last safety vessel 

will be provided prior to the Patriot 

Challenge Kayak Race by Local Notice 

to Mariners and Broadcast Notice to 

Mariners. The race will begin at 

Brittlebank Park, transit southeast the 

Ashley River, head north between 

Shutes Folly Island and the Charleston 

peninsula, and then turn around in 

Tidewater Reach. The race will return to 

Brittlebank Park by the same route. 

(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 the regulated areas may 

contact the Captain of the Port 

Charleston by telephone at (843) 740– 

7050, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within 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 areas by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement Date. This rule will 

be enforced from 12:30 p.m. until 

3:30 p.m. on April 28, 2012. 

Dated: February 28, 2012. 

Michael F. White, Jr., 

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

Port Charleston. 

[FR Doc. 2012–6319 Filed 3–14–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG 2012–0105] 

Safety Zone; San Francisco Fireworks 

Display, San Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone for the San Francisco 

Giants Fireworks Display in the Captain 

of the Port, San Francisco area of 

responsibility during the dates and 

times noted below. This action is 

necessary to protect life and property of 

the maritime public from the hazards 

associated with the fireworks display. 

During the enforcement period, 

unauthorized persons or vessels are 

prohibited from entering into, transiting 

through, or anchoring in the safety zone, 

unless authorized by the Patrol 

Commander (PATCOM). 

DATES: The regulations in 33 CFR 

165.1191 will be enforced from 11 a.m. 

to 10:10 p.m. on April 14, 2012. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Ensign William Hawn, U.S. 

Coast Guard Sector San Francisco; 

telephone (415) 399–7442 or email at 

D11-PF-MarineEvents@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a 100 foot safety 

zone around the fireworks barge off of 

Pier 50 in position 37°46′28′′ N, 

122°23′06′′ W (NAD 83) from 11 a.m. 

until 8:30 p.m. on April 14, 2012. From 

8:30 p.m. to 8:40 p.m. on April 14, 2012 

the loaded barge will transit from Pier 

50 to the launch site near Pier 48 in 

position 37°46′39.9′′ N, 122°23′06.78′′ W 

(NAD83). The 100 foot safety zone 

applies to the navigable waters around 

and under the fireworks barge within a 

radius of 100 feet during the loading, 

transit, and arrival of the fireworks 

barge to the display location and until 

the start of the fireworks display. Upon 

the commencement of the fireworks 

display, scheduled to take place from 

9:30 p.m. to 9:45 p.m. on April 14, 2012, 

the safety zone will increase in size and 

encompass the navigable waters around 

and under the fireworks barge within a 

radius 1,000 feet around the launch site 

near Pier 48 in position 37°46′39.9′′ N, 

122°23′06.78′′ W (NAD83) for the San 

Francisco Giants Fireworks Display in 

33 CFR 165.1191. This safety zone will 

be in effect from 11 a.m. to 10:10 p.m. 

on April 14, 2012. 

Under the provisions of 33 CFR 

165.1191, unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or anchoring in 

the safety zone during all applicable 

effective dates and times, unless 

authorized to do so by the PATCOM. 

Additionally, each person who receives 

notice of a lawful order or direction 

issued by an official patrol vessel shall 

obey the order or direction. The 

PATCOM is empowered to forbid entry 

into and control the regulated area. The 

PATCOM shall be designated by the 

Commander, Coast Guard Sector San 

Francisco. The PATCOM may, upon 

request, allow the transit of commercial 

vessels through regulated areas when it 

is safe to do so. 

This notice is issued under authority 

of 33 CFR 165.1191 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with extensive 

advance notification of the safety zone 

and its enforcement period via the Local 

Notice to Mariners. 

If the Captain of the Port determines 

that the regulated area need not be 

enforced for the full duration stated in 

this notice, a Broadcast Notice to 

Mariners may be used to grant general 

permission to enter the regulated area. 

Dated: February 21, 2012. 

Cynthia L. Stowe, 

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

Port San Francisco. 

[FR Doc. 2012–6223 Filed 3–14–12; 8:45 am] 

BILLING CODE 9110–04–P 


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