Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 16277 

Dated: March 23, 2015. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2015–06909 Filed 3–26–15; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2015–0018] 

RIN 1625–AA08 

Special Local Regulation; Charleston 

Race Week, Charleston Harbor; 

Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation on 

the waters of Charleston Harbor in 

Charleston, South Carolina during 

Charleston Race Week, a series of 

sailboat races. The races are scheduled 

to take place on April 17, 2015 through 

April 19, 2015. Approximately 300 

sailboats are anticipated to participate 

in the races. The special local regulation 

is necessary to provide for the safety of 

life on the navigable waters of the 

United States during the races. The 

special local regulation consists of three 

race areas. Except for those persons and 

vessels participating in the sailboat 

races, persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within any of the race areas unless 

authorized by the Captain of the Port 

Charleston or a designated 

representative. 

DATES: This rule is effective on April 17, 

2015 through April 19, 2015. This rule 

will be enforced daily from 8:30 a.m. 

until 5:00 p.m. 

ADDRESSES: Documents indicated in this 

preamble are part of docket USCG– 

2015–0018. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘Search.’’ Click on Open Docket Folder 

on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 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 Chief Warrant Officer Christopher 

Ruleman, telephone (843) 740–3184, 

email Christopher.L.Ruleman@uscg.mil. 

If you have questions on viewing the 

docket, call Barbara Hairston, Program 

Manager, Docket Operations, telephone 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

On February 19, 2015, we published 

a notice of proposed rulemaking 

(NPRM) entitled Special Local 

Regulation; Charleston Race Week, 

Charleston, SC in the Federal Register. 

We received no comments on the 

proposed rule. No public meeting was 

requested, and none was held. 

B. 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 three 

Charleston Race Week sailboat races. 

C. Discussion of the Final Rule 

From April 17, 2015 through April 19, 

2015, Charleston Ocean Racing 

Association will host three sailboat 

races on Charleston Harbor in 

Charleston, South Carolina during 

Charleston Race Week. Approximately 

300 sailboats will be participating in the 

three races. The rule establishes a 

special local regulation on certain 

waters of Charleston Harbor in 

Charleston, South Carolina. The special 

local regulation will be enforced daily 

from 8:30 a.m. until 5:00 p.m. on April 

17, 2015 through April 19, 2015. The 

special local regulation consists of the 

following three race areas. 

1. Race Area #1. All waters 

encompassed within an 800 yard radius 

of position 32°46′23′′ N, 79°55′11′′ W. 

2. Race Area #2. All waters 

encompassed within a 900 yard radius 

of position 32°45′54′′ N, 79°54′41′′ W. 

3. Race Area #3. All waters 

encompassed within a 900 yard radius 

of position 32°46′09′′ N, 79°53′52′′ W. 

Except for those persons and vessels 

participating in the sailboat races, 

persons and vessels are prohibited from 

entering, transiting through, anchoring 

in, or remaining within any of the race 

areas 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 

race 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 race 

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. 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. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

The economic impact of this rule is 

not significant for the following reasons: 

(1) Although persons and vessels will 

not be able to enter, transit through, 

anchor in, or remain within the 

regulated areas without authorization 

from the Captain of the Port Charleston 

or a designated representative, they may 

operate in the surrounding area during 

the enforcement periods; (2) persons 

and vessels may still enter, transit 

through, anchor in, or remain within the 

regulated areas if authorized by the 

Captain of the Port Charleston or a 

designated representative; and (3) the 

Coast Guard will provide advance 

notification of the special local 

regulation to the local maritime 

community by Local Notice to Mariners 

and Broadcast Notice to Mariners. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 


asabaliauskas on DSK5VPTVN1PROD with RULES
16278 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 

potential impact of regulations on small 

entities during rulemaking. 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 Charleston Harbor 

encompassed within the three regulated 

areas between 8:30 a.m. and 5:00 p.m., 

from April 17, 2015 through April 19, 

2015. 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. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT, above. 

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. 

4. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

5. 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. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INTFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. 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 (adjusted for inflation) 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. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. 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. 

10. 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. 

11. 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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. 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 involves a 

special local regulation issued in 

conjunction with a regatta or marine 

parade. An environmental analysis 

checklist and a Categorical Exclusion 

Determination were completed for this 

event. This rule is categorically 

excluded from further review under 

paragraph 34(h) of Figure 2–1 of the 

Commandant Instruction. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from 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 § 100.35T07–0018 

to read as follows: 

§ 100.35T07–0018 Special Local 

Regulation; Charleston Race Week, 

Charleston Harbor; Charleston, SC. 

(a) Regulated Areas. The following 

regulated areas are established as a 

special local regulation. All coordinates 

are North American Datum 1983. 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 16279 

(1) Race Area #1. All waters 

encompassed within an 800 yard radius 

of position 32°46′23′′ N, 79°55′11′′ W. 

(2) Race Area #2. All waters 

encompassed within a 900 yard radius 

of position 32°45′54′′ N, 79°54′41′′ W. 

(3) Race Area #3. All waters 

encompassed within a 900 yard radius 

of position 32°46′09′′ N, 79°53′52′′ 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) Except for those 

person and vessels participating in the 

sailboat races, all persons and vessels 

are prohibited from entering, transiting 

through, anchoring in, or remaining 

within any of the three 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 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 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 areas by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement Period. This rule will 

be enforced daily from 8:30 a.m. until 

5:00 p.m. from April 17, 2015 through 

April 19, 2015. 

Dated: March 12, 2015. 

B. D. Falk, 

Commander, U.S. Coast Guard, Captain of 

the Port Charleston. 

[FR Doc. 2015–06950 Filed 3–26–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2015–0191] 

Drawbridge Operation Regulation; 

Willamette River, Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the upper deck of 

the Steel Bridge across the Willamette 

River, mile 12.1, at Portland, OR. This 

deviation is necessary to accommodate 

the annual Bridge to Brews 8K and 10K 

run. This deviation allows the upper 

deck of the Steel Bridge to remain in the 

closed-to-navigation position and need 

not open for marine traffic. 

DATES: This deviation is effective from 

8:45 a.m. until 10:40 a.m. on April 12, 

2015. 

ADDRESSES: The docket for this 

deviation, [USCG–2015–0191] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 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 

deviation, call or email Mr. Steven 

Fischer, Bridge Administrator, 

Thirteenth Coast Guard District; 

telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. If you have 

questions on viewing the docket, call 

Cheryl Collins, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Oregon Department of Transportation 

(ODOT) has requested that the upper 

deck of the Steel Bridge remain closedto-navigation to accommodate the 

annual Bridge to Brews 8K and 10K run. 

The Steel Bridge crosses the Willamette 

River at mile 12.1 and is a double-deck 

lift bridge with a lower lift deck and an 

upper lift deck which operate 

independent of each other. When both 

decks are in the down position the 

bridge provides 26 feet of vertical 

clearance above Columbia River Datum 

0.0. When the lower deck is in the up 

position the bridge provides 71 feet of 

vertical clearance above Columbia River 

Datum 0.0. This deviation does not 

affect the operating schedule of the 

lower deck which opens on signal. 

Under normal conditions the upper 

deck of the Steel Bridge operates in 

accordance with 33 CFR 

117.897(c)(3)(ii) which states that from 

8 a.m. to 5 p.m. Monday through Friday 

one hour advance notice shall be given 

for draw openings, and at all other times 

two hours advance notice shall be given 

to obtain an opening. This deviation 

period is from 8:45 a.m. until 10:40 a.m. 

on April 12, 2015. The deviation allows 

the upper deck of the Steel Bridge 

across the Willamette River, mile 12.1, 

to remain in the closed-to-navigation 

position and need not open for maritime 

traffic from 8:45 a.m. until 10:40 a.m. on 

April 12, 2015. 

Vessels able to pass through the 

bridge in the closed positions may do so 

at anytime. The bridge will be able to 

open for emergencies and there is no 

immediate alternate route for vessels to 

pass. The Coast Guard will also inform 

the users of the waterways through our 

Local and Broadcast Notices to Mariners 

of the change in operating schedule for 

the bridge so that vessels can arrange 

their transits to minimize any impact 

caused by the temporary deviation. 

Waterway usage on this stretch of the 

Willamette River includes vessels 

ranging from commercial tug and barge 

to small pleasure craft. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: March 23, 2015. 

Steven M. Fischer, 

Bridge Administrator, Thirteenth Coast Guard 

District. 

[FR Doc. 2015–07019 Filed 3–26–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2015–0205] 

Drawbridge Operation Regulation; 

Willamette River, Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 


asabaliauskas on DSK5VPTVN1PROD with RULES