[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Rules and Regulations]
[Pages 15258-15260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6319]


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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.

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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 
<a href="/cdn-cgi/l/email-protection#eaa0858284c4b8c4b98b849e85989f87aa9f99898dc4878386"><span class="__cf_email__" data-cfemail="f9b3969197d7abd7aa98978d968b8c94b98c8a9a9ed7949095">[email protected]</span></a>. 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

[[Page 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

[[Page 15260]]

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

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


0
2. Add a temporary Sec.  100.35T07-1095 to read as follows:


Sec.  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


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