[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21962-21963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11901]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD07-96-031]
RIN 2115-AE46
Special Local Regulations: Boating Safety Parade; Charleston, SC
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is adopting Special Local Regulations for the
Boating Safety Parade, sponsored by the Charleston Power Squadron. This
event will be held from 12 p.m. to 4 p.m. EDT (Eastern Daylight Time),
on May 18, 1996. The customary presence of commercial and recreational
traffic, and the nature of the event creates an extra or unusual hazard
on the navigable waters. These regulations are necessary to provide for
the safety of life on navigable waters during the event.
EFFECTIVE DATE: This rule is effective from 12 p.m. to 4 p.m. EDT, on
May 18, 1996.
FOR FURTHER INFORMATION CONTACT:
ENS M.J. DaPonte, project officer, Coast Guard Group Charleston at
(803) 724-7621.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of
proposed rulemaking has not been published for these regulations and
good cause exists for making them effective in less than 30 days from
the date of publication. Following normal rulemaking procedures would
have been impractical. The information to hold the event was not
received until April 4, 1996, and there was insufficient time remaining
to publish proposed rules in advance of the event or to provide for a
delayed effective date.
Discussion of Regulations
These temporary special local regulations are needed to provide for
the safety of life during Charleston Power Squadron's Boating Safety
Parade. The regulations are intended to promote safe navigation on the
waters on the Cooper and Ashley Rivers in Charleston Harbor during the
parade by controlling the traffic entering, exiting, and traveling
within the parade formation. There will be approximately thirty sailing
and power boats participating in the parade. The anticipated
concentration of nonparticipating vessels within the area
[[Page 21963]]
poses a safety concern, which is addressed in these special local
regulations.
The temporary special local regulations will not permit the entry
or movement of spectator vessels and other non-participating vessel
traffic within an area 500 yards ahead, 100 yards astern, and 50 yards
to either side of the vessels participating in the parade of boats
between Town Creek Reach Buoy 2 (LLNR 2215) and the City Marina on the
Ashley River, from 12 to 4 p.m. EDT, on May 18, 1996. The regulations
will permit the movement of nonparticipating vessels within the
regulated area after the termination of the event, at the discretion of
the Coast Guard Patrol Commander.
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 regulated area encompasses less than 3 nautical miles
of the Cooper and Ashley Rivers in Charleston, SC, and the regulation
would be in effect for only 4 hours the 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.e of Commandant Instruction
M16475.1 (Series). In accordance with that section, this event has been
determined to be categorically excluded. Specifically, the Coast Guard
has consulted with the South Carolina Department of Natural Resources
and Department of Environmental and Health Control, the Army Corps of
Engineers, the U.S. Fish and Wildlife Service, and the National Marine
Fisheries Service regarding the environmental impact of this event, and
it has been determined that the event does not jeopardize the continued
existence of protected species.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Temporary Regulation
PART 100--[AMENDED]
For reasons set out in the preamble, the Coast Guard amends 33 CFR
Part 100 as follows:
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. A temporary section 100.35-T07-031 is added to read as follows:
Sec. 100.35-T07-031 Charleston Power Squadron Boating Safety Parade;
Wando, Cooper and Ashley Rivers, Charleston, SC.
(a) Definitions: (1) Regulated area. The regulated area is formed
around the area 500 yards ahead of the lead vessel of the parade, 100
yards astern of the last parade vessel, and 50 yards to either side of
all parade vessels along the parade route described in paragraph (a)(2)
of this section.
(2) Parade route. The parade route begins at the Town Creek Lower
Reach buoy 2 (LLNR 2215) in approximate position 32 deg.47.6' N,
079 deg.55.35' W, thence south along the Charleston peninsula to
32 deg.45.95' N, 079 deg.55.34' W, thence up the Ashley River, and
continuing to the finishing point at City Marina, in approximate
position 32 deg.46.8' N, 79 deg.57.18' W. All coordinates referenced
use datum: NAD 1983.
(3) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant or petty officer of the Coast Guard who has
bee designated by the Commander, Coast Guard Group Charleston, South
Carolina.
(b) Special local regulations.
(1) Entry into the regulate area by other than authorized parade
participants or official patrol vessels is prohibited, unless
authorized by the Patrol Commander.
(2) After termination of the Charleston Power Squadron Boating
Safety Parade and departure of the parade participants from the
regulated area, all vessels may resume normal operations.
(c) Effective date. This section is effective at 12 p.m. and
terminates at 4 p.m. EDT, on May 18, 1996, unless otherwise specified
in the Seventh Coast Guard District Local Notice to Mariners.
Dated: April 30, 1996.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 96-11901 Filed 5-10-96; 8:45 am]
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