[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Rules and Regulations]
[Pages 7701-7703]
[FR Doc No: 2011-2948]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-1151]
RIN 1625-AA08

Special Local Regulations; Krewe of Charleston Mardi Gras Boat
Parade, Charleston Harbor, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for
the Krewe of Charleston Mardi Gras Boat Parade on the Ashley River and
in Charleston Harbor in Charleston, South Carolina. This special local
regulation is necessary to provide for the safety of life on navigable
waters during the marine parade. The special local regulation will
temporarily restrict vessel traffic in a portion of the Ashley River
and Charleston Harbor, preventing non-participant vessels from entering
the regulated area.

DATES: This rule is effective from 10 a.m. until 2 p.m. on February 12,
2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-1151 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-1151 in the
``Keyword'' box, and then clicking ``Search.'' They are 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 e-mail Lieutenant Julie Blanchfield, Sector Charleston
Waterways Management Division, Coast Guard; telephone<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
notice of the Krewe of Charleston Mardi Gras Boat Parade with
sufficient time to publish an NPRM in advance of the effective date of
this rule. Any delay in the effective date of this rule would be
contrary to the public interest because immediate action is needed to
minimize potential danger to marine parade participants as well as the
general public.
    For the same reason discussed above, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register. The Coast
Guard will issue a broadcast notice to mariners to advise mariners of
the restriction.

Background and Purpose

    On February 12, 2011, the Krewe of Charleston Mardi Gras Boat
Parade is scheduled to take place. The marine parade will consist of 20
to 30 vessels. The parade will commence at the Charleston City Marina,
transit the Ashley River, head north between Shutes Folly Island and
the Charleston peninsula, and then turn around in Customhouse Reach.
The marine parade will then return to the Charleston City Marina by the
same route. The marine parade poses a danger to mariners located in or
transiting the area. These special local regulations are necessary to
protect marine parade participant vessels, spectator vessels, and other
vessels from the hazards associated with the marine parade.

Discussion of Rule

    The special local regulations consist of a series of buffer zones
around vessels participating in the Krewe of Charleston Mardi Gras Boat
Parade. These buffer zones are as follows: (1) All waters within 500
yards in front of the lead parade vessel; (2) all waters within 100
yards behind the last parade vessel; and (3) all waters within 50 yards
on either side of all marine parade participant vessels. Information
regarding the identity of the lead parade vessel and the last parade
vessel will be provided prior to the marine parade via broadcast notice
to mariners and marine safety information bulletins. Persons and
vessels are prohibited from entering, transiting through, anchoring, or
remaining within the buffer zones unless specifically authorized by the
Captain of the Port Charleston or a designated representative. These
special local regulations will be effective from 10 a.m. until 2 p.m.
on February 12, 2011.

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

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a
full regulatory evaluation is unnecessary. This rule may have some
impact on the public, but these potential impacts will be minimal for
the following reasons: (1) The rule will be in effect for four hours;
(2) although persons and vessel 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 surrounding area during the
effective 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) advance notification will be made to the local maritime community
via 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 and Charleston Harbor encompassed within the buffer zones
from 10 a.m. until 2 p.m. on February 12, 2011. 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), we offer to assist small
entities in understanding the rule so that they can 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 State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it 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 a special local regulations issued
in conjunction with a marine parade. Under figure 2-1, paragraph
(34)(h), of the Instruction, an 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.T07-1151 to read as follows:

Sec.  100.T07-1151  Special Local Regulations; Krewe of Charleston
Mardi Gras Boat Parade, Charleston Harbor, Charleston, SC.

    (a) Regulated Area. The following buffer zones are regulated areas
during the Krewe of Charleston Mardi Gras Boat Parade: All waters
within 500 yards in front of the lead parade vessel; all waters within
100 yards behind the last parade vessel; and all waters within 50 yards
on either side of all marine parade participant vessels. The identity
of the lead parade vessel and the last parade vessel will be provided
prior to the marine parade via broadcast notice to mariners and marine
safety information bulletins. The parade will commence at the
Charleston City Marina, transit the Ashley River, head north between
Shutes Folly Island and the Charleston peninsula, and then turn around
in Customhouse Reach. The parade will then return to the Charleston
City Marina 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<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16 to seek 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
permission 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 marine parade and
regulated areas through advanced notice via broadcast notice to
mariners and by on-scene designated representatives.
    (d) Effective Date. This rule is effective from 10 a.m. until 2
p.m. on February 12, 2011.

    Dated: January 29, 2011.
William D. Baumgartner,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2011-2948 Filed 2-10-11; 8:45 am]
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