[Federal Register Volume 61, Number 77 (Friday, April 19, 1996)]
[Proposed Rules]
[Pages 17269-17270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9602]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD07-96-020]
RIN 2115-AE46
Special Local Regulations; Beaufort Water Festival; Beaufort, SC
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish permanent special local
regulations for the Beaufort Water Festival. This event will be held
annually on the last two weekends of July, between 7:30 a.m. and 7 p.m.
Eastern Daylight Time. Historically, the raft races, sailboat regattas,
aerial demonstrations, power boat races, and a parade of ships have
drawn approximately 600-1000 participants and 100-150 spectator craft
to the Beaufort River each day of the event. The anticipated
concentration of spectator and participant vessels associated with the
Beaufort Water Festival poses a safety concern. Furthermore, the nature
of the events and the closure of the Beaufort River between the Ladys
Island swing bridge and Spanish Point creates an extra or unusual
hazard in the navigable waters. These proposed regulations are
necessary to provide for the safety of life on navigable waters during
the event. By establishing these proposed permanent regulations, the
Coast Guard expects to give better notice of requirements related to
marine events, and also avoid the recurring costs of publication
related with temporary regulations. However, the establishment of these
proposed permanent regulations would not relieve the event organizers
from applying for an annual marine event permit.
DATES: Comments must be received on or before May 20, 1996.
ADDRESSES: Comments may be mailed to Commander, U.S. Coast Guard Group
Charleston, 196 Tradd Street, Charleston, SC 29401, or may be delivered
to 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. Comments will become a part of the public
docket and will be available for copying and inspection at the same
address.
FOR FURTHER INFORMATION CONTACT:
ENS M. J. DaPonte, Coast Guard Group Charleston at (803) 724-7621.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written views, data, or arguments.
Persons submitting comments should include their names, addresses,
identify the notice (CGD07-96-020) and the specific section of this
proposal to which their comments apply, and give reasons for each
comment. The Coast Guard will consider all comments received during the
comment period. The regulations may be changed in view of the comments
received. All comments received before the expiration of the comment
period will be considered before final action is taken on this
proposal.
No public hearing is planned, but one may be held if the written
requests for a hearing are received, and it is determined that the
opportunity to make oral presentations will add to the rulemaking
process.
Discussion of Proposed Regulations
The proposed regulations are needed to provide for the safety of
life during the Beaufort Water Festival. These regulations are intended
to promote safe navigation on the waters of the Beaufort River between
the Ladys Island swing bridge and Spanish Point by controlling the
traffic entering, exiting, and traveling within these waters.
Historically, the raft races, sailboat regattas, aerial demonstrations,
power boat races, and a parade of ships have drawn approximately 600-
1000 participants and 100-150 spectator craft to the Beaufort River
each day of the event. The anticipated concentration of spectator and
participant vessels associated with the Beaufort Water Festival poses a
safety concern, which is addressed in these proposed special local
regulations. The proposed regulations would not permit movement of
spectator vessels and other nonparticipating vessel traffic within the
regulated area, between the Ladys Island swing bridge (032 deg.25'40''
N, 080 deg.40'10'' W) and a line drawn directly across the Beaufort
River at Spanish Point, on the 032 deg.24'00'' N parallel from 7:30
a.m. to 7 p.m., annually on the last two weekends of July. All
coordinates referenced use Datum: NAD 1983. However, the proposed
regulations would permit the movement of spectator vessels and other
non-participants between scheduled events and at the termination of the
last scheduled event, at the discretion of the Coast Guard Patrol
Commander.
[[Page 17270]]
Regulatory Evaluation
This proposal is not a significant regulatory action under Section
3(f) of the Executive Order 12866 and does not require an assessment of
the 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
proposed rule to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. The proposed regulation would last for only 11 and one-
half hours each day of the event.
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).
For reasons set forth in the above Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted,
would not have a significant economic impact on a substantial number of
small entities.
Collection of Information
These proposed regulations contain no collection of information
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.).
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the rulemaking does not have sufficient Federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
proposal consistent with Section 2.B.2. of Commandant Instruction
M16475.1B. In accordance with that section, this proposed action has
been environmentally assessed (EA completed), and the Coast Guard has
concluded that it will not significantly affect the quality of the
human environment. An environmental assessment and a finding of no
significant impact have been prepared and are available in the docket
for inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Proposed Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
1. The authority citation for Part 100 continues to read as
follows:
PART 100--[AMENDED]
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. A new section 100.715 is added to read as follows:
Sec. 100.715 Annual Beaufort Water Festival; Beaufort River, Beaufort,
SC.
(a) Definitions. (1) Regulated Area. A regulated area is
established on that portion of the Beaufort River, between the Ladys
Island swing bridge at 032 deg.25'40'' N, 080 deg.40'10'' W and a line
drawn directly across the Beaufort River at Spanish Point on the
032 deg.24'00'' N parallel. All coordinates referenced use Datum: NAD
1983.
(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, South
Carolina.
(b) Special local regulations. (1) Entry into the regulated area by
other than event participants is prohibited, unless otherwise
authorized by the Patrol Commander.
(2) Between scheduled events during the last two weekends of July,
the Patrol Commander may authorize vessels to resume normal operations
(3) After termination of the Beaufort Water Festival events on the
last two weekends of July, all vessels may resume normal operation at
the discretion of the Patrol Commander.
(c) Effective Dates. These regulations are effective annually from
7:30 a.m. to 7 p.m. Eastern Daylight Time, on the last two weekends of
July, unless otherwise specified in the local notice to mariners.
Dated: March 25, 1996.
P.J. Cardaci,
Captain U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 96-9602 Filed 4-18-96; 8:45 am]
BILLING CODE 4910-14-M
