[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Proposed Rules]
[Pages 6196-6198]
[FR Doc No: 2016-02280]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-1055]
RIN 1625-AA08

Special Local Regulation; Charleston Race Week, Charleston
Harbor, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a special local
regulation on the waters of Charleston Harbor in Charleston, SC during
the Charleston Race Week from April 15, 2016 through April 17, 2016.
This special local regulation is necessary to ensure the safety of
participants, spectators, and the general public during the event. This
proposed rulemaking would prohibit persons and vessels from being in
the regulated area unless authorized by the Captain of the Port
Charleston or a designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before March 7, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-1055 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant John Downing, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    On November 18, 2015, the Charleston Ocean Racing Association
notified the Coast Guard that it will be sponsoring a series of
sailboat races from 8:30 a.m. to 5 p.m. from April 15, 2016 through
April 17, 2016. The legal basis for the proposed rule is the Coast
Guard's Authority to establish special local regulations: 33 U.S.C
1233. The purpose of the proposed rule is to ensure safety of life on
the navigable water of the United States during the Charleston Race
Week.

III. Discussion of Proposed Rule

    The COTP proposes to establish a special local regulation on the
waters of Charleston Harbor in Charleston, South Carolina during
Charleston Race Week. The races are scheduled to take place from
Friday, April 15, 2016 through Sunday, April 17, 2016. Approximately
285 sailboats are anticipated to participate in the races, and
approximately 30 spectator vessels are expected to attend the event.
Persons and vessels desiring to enter, transit through, anchor in, or
remain within the regulated area may contact the Captain of the Port
Charleston by telephone at<PHONE_NUMBER>, 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 area 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 special local regulation by Local Notice to
Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and executive orders.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This NPRM has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not
been reviewed by the Office of Management and Budget. This proposed
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 proposed rule is not significant for
the following reasons: (1) Non-participant persons and vessels may
enter, transit through, anchor in, or remain within the regulated area
during the enforcement periods if authorized by the Captain of the Port
Charleston or a designated representative; (2) vessels not able to
enter, transit through, anchor in, or remain within the regulated area
without authorization from the Captain of the Port Charleston or a
designated representative may operate in the surrounding areas during
the enforcement period; 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.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, (5 U.S.C. 601-612), as
amended requires Federal agencies to consider the potential impact of
regulations on ``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 proposed rule would not have a significant
economic impact on a substantial number of small entities. We have
considered the impact of this proposed rule on small entities. This
rule may affect the following entities, some of which may be small
entities: the owner or operators of vessels intending to enter, transit
through, anchor in, or remain within the regulated area during the
enforcement period. For the reasons discussed in Regulatory Planning
and Review section above, this rule will not have a

significant economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    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 proposed 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
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under
E.O. 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.

E. 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves special
local regulation issued in conjunction with a regatta or marine parade.
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.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

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 proposes
to amend 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.  100.35T07-1055 to read as follows:

Sec.  100.35T07-1055  Special Local Regulation; Charleston Race Week,
Charleston Harbor, Charleston, SC.

    (a) Regulated Area. The rule establishes special local regulations
on certain waters of Charleston Harbor in Charleston, South Carolina.
The special local regulations will be enforced daily from 8:30 a.m.
until 5 p.m. from April 15, 2016 through April 17, 2016. The special
local regulations consist of the following three race areas.
    1. Race Area #1. All waters encompassed within an 700 yard radius
of position 32[deg]46'10'' N., 79[deg]55'15'' W.
    2. Race Area #2. All waters encompassed within a 700 yard radius of
position 32[deg]46'02'' N., 79[deg]54'15'' W.
    3. Race Area #3. All waters encompassed within a 700 yard radius of
position 32[deg]45'55'' N., 79[deg]53'39'' 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
area, except persons and vessels participating in Charleston Race Week
or serving as safety vessels. Persons and vessels desiring to enter,
transit through, anchor in, or remain within the regulated area 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 area 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.
    (2) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement Date. This rule will be enforced from April 15
through April 17, 2016 from 8:30 a.m. to 5 p.m. daily.

    Dated: January 12, 2016.
G. L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-02280 Filed 2-4-16; 8:45 am]
BILLING CODE 9110-04-P