[Federal Register Volume 63, Number 127 (Thursday, July 2, 1998)]
[Proposed Rules]
[Pages 36197-36199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17646]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD07-98-039]
RIN 2115-AE46
Special Local Regulations; City of Charleston, SC
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: Temporary special local regulations are being proposed for the
Charleston Maritime Center's South Carolina Tug Boat Challenge. The
event will last approximately 30 minutes and will take place, depending
on shipping traffic, between 11 a.m. and 5 p.m. Eastern Daylight Time
(EDT) on August 8, 1998, in Charleston Harbor on Cooper River
Charleston, SC. The exact time of the race will be announced via
separate Broadcast Notice to Mariners. These regulations are necessary
for the safety of life on the navigable waters during the event.
DATES: Comments must be received on or before August 3, 1998.
ADDRESSES: Comments may be mailed to U.S. Coast Guard Group Charleston,
196 Tradd Street, Charleston, SC 29401-1817, or may be delivered to the
[[Page 36198]]
Operations Department at the same address, between 8:00 a.m. to 3:00
p.m. EST, Monday through Friday, except federal holidays. 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:
LTJG A.L. Cooper, Project Manager, Coast Guard Group Charleston at
(803) 720-7748.
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 names and addresses, identify
this rulemaking [CGD07-98-039] and the specific section of this
proposal to which each comment applies and give the reason for each
comment.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a public
hearing by writing to the address under ADDRESSES. The request should
include the reasons why a hearing would be beneficial. If the Coast
Guard determines that the opportunity for oral presentations will aid
this rulemaking, it will hold a public hearing at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
This proposed rule is needed to provide for the safety of life
during the South Carolina Tug Boat Challenge. The tug race is expected
to create large and powerful wakes. This proposed rule is intended to
promote safe navigation on the Cooper River immediately before, during,
and after the race by controlling the traffic entering, exiting, and
traveling within the regulated area.
There will be 6 to 8 participants racing barges on a fixed course.
The event will take place on the Cooper River at Charleston, SC,
starting at the John P. Grace Memorial Bridge, also known as the Cooper
River Bridge, and continue south through Hog Island Reach and end at
the southern end of Customhouse Reach on August 8, 1998. The proposed
regulation will be effective for approximately 30 minutes between 11
a.m. and 5 p.m. The actual time of the event will be chosen to ensure
the least interference with vessel traffic in Charleston Harbor.
Regulatory Evaluation
This proposal is not a 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 regulated area encompasses less than 2 nautical miles
on the Cooper River between the John P. Grace Bridge and the southern
end of Customhouse Reach, and entry is prohibited for only
approximately 30 minutes on 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 proposed rule, if adopted, will
have a significant economic impact on a substantial number of small
entities. ``Small entities'' include small business, not-for-profit
organizations that are independently owned and operated and are not
dominant in their field, and governmental jurisdiction with populations
of less than 50,000.
Therefore, the Coast Guard certifies under section 605(b) that this
proposed rule, if adopted, will not have a significant effect upon a
substantial number of small entities because this regulation will only
be in effect in a limited area for a period of approximately 30 minutes
on one day.
If, however, you think that your business or organization qualifies
as a small entity and that this proposed rule will have a significant
economic impact on your business or organization, please submit a
comment explaining why you think it qualifies and in what way and what
degree this proposed rule will economically affect it.
Collection of Information
This proposal contains 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 principals and
criteria contained in Executive Order 12612 and it has been determined
that this 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
action and determined pursuant to Figure 2-1, paragraph #34(h) of
Commandant Instruction M16475.1C, that this proposed rule is
categorically excluded from further environmental documentation. A
Categorical Exclusion Determination has been prepared and is available
in the docket for inspection or copying.
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 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 and 33 CFR 100.35.
2. A temporary section 100.35 T-07-039 is added to read as follows:
Sec. 100.35T-07-39 South Carolina Tug Boat Challenge, Charleston
Harbor, Charleston, SC.
(a) Definitions. (1) Regulated area. A regulated area is
established on that portion of the Cooper River at Charleston, SC
between the John P. Grace Memorial Bridge, also known as the Cooper
River Bridge, and the southern end of Customhouse Reach. The regulated
area encompasses the width of the Cooper River between these two
points.
(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) Entry into the regulated area by
other than event participants is prohibited, unless otherwise
authorized by the Coast Guard Patrol Commander. After termination of
the South Carolina Tug Boat Challenge on August 8, 1998, all vessels
may resume normal operations.
(2) On August 8, 1998, Coast Guard Group Charleston will issue a
broadcast Notice to Mariners on VHF Channel 16/22A advising mariners of
the exact time of the regulated area.
(3) A succession of not fewer than 5 short whistle or horn blasts
from a patrol vessel will be the signal for any
[[Page 36199]]
and all vessels to take immediate steps to avoid collision. The display
of an orange distress smoke signal from a patrol vessel will be the
signal for any and all vessels to stop immediately.
(4) Spectators are required to maintain a safe distance from the
racecourse at all times.
(c) Dates. This section is effective for approximately 30 minutes
between 11 a.m. and 5 p.m. EDT on August 8, 1998.
Dated: June 24, 1998.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 98-17646 Filed 7-1-98; 8:45 am]
BILLING CODE 4910-15-M
