[Federal Register Volume 62, Number 41 (Monday, March 3, 1997)]
[Proposed Rules]
[Pages 9405-9406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5066]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-97-005]
RIN 2115-AE46


Special Local Regulations; Charleston to Bermuda Sailboat Race, 
Charleston, SC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary special local 
regulations for the Charleston to Bermuda Sailboat Race. The race would 
start on May 11, 1997, between the hours of 11 a.m. and 3 p.m. Eastern 
Daylight Time (EDT) near Waterfront Park on the Charleston Peninsula, 
and would transit out to sea by the South, Mount Pleasant, and Fort 
Sumter Ranges in Charleston Harbor. The nature of the event and the 
closure of portions of Charleston Harbor creates an extra or unusual 
hazard on the navigable waters of Charleston Harbor, Charleston, SC. 
These regulations are necessary for the safety of life on the navigable 
waters during the event.

DATES: Comments must be received on or before April 2, 1997.

ADDRESSES: Comments may be mailed to Commander, U.S. Coast Guard Group 
Charleston, 196 Tradd Street, Charleston, SC 29401, or may be delivered 
to the Operations Office at the same address between 7:30 a.m. and 3:30 
p.m. Monday through Friday, except federal holidays. The telephone 
number is (803) 724-7621.

FOR FURTHER INFORMATION CONTACT: ENS M.J. DaPonte, Project Manager, 
Coast Guard Group Charleston, SC at (803) 724-7621.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their name and address, 
identify this rulemaking (CGD07-97-005) and the specific section of 
this proposal to which each comment applies, and give a reason for each 
comment. Persons desiring acknowledgment of receipt of comments should 
enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in the view of the 
comments. The Coast Guard plans no public hearing. Persons may request 
a public hearing by writing to the Project Manager at the address under 
ADDRESSES. If it is determined that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at the time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    The proposed regulations are needed to provide for the safety of 
life during the start of the Charleston to Bermuda Sailboat Race. These 
proposed regulations are intended to promote safe navigation in 
Charleston Harbor immediately before, during, and immediately 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 special local regulations.
    The proposed regulations would not permit the entry or movement of 
spectator vessels and other non-participating vessel traffic between 
the starting area at the southern end of Commercial Anchorage Area D 
(33 CFR 110.173), and the entrance to the Charleston Harbor jetties on 
Saturday, May 11, 1997, from 10 a.m. to 3 p.m. EDT. These proposed 
regulations would permit the movement of spectator vessels and other 
non-participants within the regulated area before the start of the 
race, and after the last participant clears the Charleston Harbor 
jetties at the discretion of the Coast Guard Patrol Commander.

[[Page 9406]]

Regulatory Evaluation

    This proposal 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 expects the 
economic impact of this proposal to be so minimal that a full 
Regulatory Evaluation under paragraph 10(e) of the regulatory policies 
and procedures of DOT is unnecessary. The proposed regulations would 
last for only 5 hours on May 11, 1997.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
Entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632).
    The Coast Guard expects the economic impact of this proposal to be 
minimal, and certifies under 5 U.S.C. 605(b) that this proposal, if 
adopted, would not have a significant impact on a substantial number of 
small entities. The regulated area would be in effect for only 5 hours 
in a limited area of Charleston harbor.

Collection of Information

    This proposal 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 proposal in accordance with the 
principals and criteria contained in Executive Order 12612 and has 
determined that this proposal does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has reviewed this action and it has been determined 
to be categorically excluded from further environmental documentation 
in accordance with section 2.B.2(34)(h) of Commandant Instruction 
M16475.1B. A written Categorical Exclusion Determination will be 
prepared and included as part of the final rule.

List of Subjects in 33 CFR Part 1009

    Marine safety, Navigation (water), Reporting and record keeping 
requirements, Waterways.

Proposed Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend 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; 49 CFR 1.46.

    2. A new section 100.725 is added to read as follows:


Sec. 100.725  Charleston to Bermuda Sailboat Race; Charleston Harbor, 
Charleston, SC.

    (a) Definitions:
    (1) Regulated area. The regulated area includes all waters of 
Charleston Harbor, Charleston, SC and the Atlantic Ocean within the 
following points:

------------------------------------------------------------------------
     Point             Latitude                    Longitude            
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A.............  32 deg.47'06'' N.....  079 deg.55'25'' W, then to       
B.............  32 deg.47'06'' N.....  079 deg.55'05'' W, then to       
C.............  32 deg.46'00'' N.....  079 deg.55'00'' W, then to       
D.............  32 deg.45'41'' N.....  079 deg.54'37'' W, then to       
E.............  32 deg.45'41'' N.....  079 deg.51'54'' W, then to       
F.............  32 deg.44'30'' N.....  079 deg.50'35'' W, then to       
G.............  32 deg.43'24'' N.....  079 deg.48'16'' W, then to       
H.............  32 deg.43'02'' N.....  079 deg.48'30'' W, then to       
I.............  32 deg.44'14'' N.....  079 deg.50'51'' W, then to       
J.............  32 deg.45'25'' N.....  079 deg.52'04'' W, then to       
K.............  32 deg.45'25'' N.....  079 deg.55'00'' W, then to       
L.............  32 deg.45'41'' N.....  079 deg.55'22'' W, thence        
                                       back to point A.                 
------------------------------------------------------------------------

    All coordinates referenced use datum: NAD 83.
    (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) No person or vessel may enter, 
transit, or remain in the regulated area unless participating in the 
event or 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 follow the 
participants out to sea while maintaining a minimum distance of 500 
yards behind the last participant, at the discretion of the Patrol 
Commander. Upon the transit of the last race participant past the 
outermost boundary of the Charleston jetties, all vessels may resume 
normal operations.
    (c) Effective Date. This section is effective at 10 a.m. and 
terminates at 3 p.m. EDT on May 11, 1997.

    Dated: February 20, 1997.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 97-5066 Filed 2-28-97; 8:45 am]
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