[Federal Register Volume 59, Number 160 (Friday, August 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20191]


[[Page Unknown]]

[Federal Register: August 19, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-94-017]

 

Special Local Regulations; City of Charleston, SC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to adopt permanent special local 
regulations for the annual Festival on the Fourth. This event is held 
each year on July 4 on the Ashley River, at Charleston, South Carolina. 
In the past, the Coast Guard established temporary special local 
regulations each year to protect the safety of life on the navigable 
waters during the effective times. However, because the event recurs 
annually, the Coast Guard is proposing a permanent description of the 
event and establishment of permanent regulations in the Code of Federal 
Regulations (CFR) to better serve the boating public by creating a 
permanent reference.

DATES: Comments must be received on or before October 18, 1994.

ADDRESSES: Comments should be mailed to Commander, U.S. Coast Guard 
Group, 196 Tradd Street, Charleston, South Carolina 29401. The comments 
and other materials referenced in this notice will be available for 
inspection and copying at this same address. Normal office hours are 
between 7:30 a.m. and 3:30 p.m., Monday through Friday, except 
holidays. Comments may also be hand-delivered to this address.

FOR FURTHER INFORMATION CONTACT:
CDR E. P. Boyle, Coast Guard Group Charleston, at (803) 724-7619.

SUPPLEMENTARY INFORMATION: Interested persons are invited to 
participate in this rulemaking by submitting written views, data or 
arguments. Persons submitting comments should include their names and 
addresses, identify this notice [CCGD07-94-017] and the specific 
section of the proposal to which their comments apply, and give reasons 
for each comment.
    The regulations may be changed in light of 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 written requests for a 
hearing are received and it is determined that the opportunity to make 
oral presentations will aid the rulemaking process.

Drafting Information

    The drafters of these regulations are LTJG J. M. SICARD, Assistant 
Operations Officer, Coast Guard Group Charleston, project officer, and 
LT J. M. LOSEGO, project attorney, Seventh Coast Guard District Legal 
Office.

Discussion of Proposed Regulations

    Charleston Water Festival, Inc., sponsors the Festival on the 
Fourth celebration. Approximately, two towboats, one pick-up boat, 
forty waterskiers, and five jet skiers conduct various exhibitions 
during the Festival on the Fourth event, including ski jumping, kite 
skiing and jet ski maneuvering. The event also closes with a fireworks 
display on that portion of the Ashley River in Charleston, South 
Carolina, between Brittle Bank Park and the main river channel.
    The event's exhibitions, coupled with the fireworks display, create 
an extra hazard in the navigable waters and require these regulations.

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 10e of the regulatory policies and procedures of DOT is 
unnecessary. The regulated area encompasses less than one nautical mile 
on the Ashley River from Brittle Bank Park to the main river channel in 
Charleston, South Carolina, entry into which is prohibited for eleven 
and a half hours on the day of the event.
    Since the impact of this proposal is expected to be minimal, the 
Coast Guard certifies that, if adopted, it will not have a significant 
economic impact on a substantial number of small entities.

Federalism

    This action has been analyzed in accordance with the principles 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 
proposal consistent with Section 2.B.2.c of Commandant Instruction 
M16475.1B, and this proposal has been determined to be categorically 
excluded. A copy of the Categorical Exclusion document is available in 
the docket for inspection and 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. Section 100.706 is added to read as follows:


Sec. 100.706   Ashley River, Charleston, SC.

    (a) Regulated Area. A regulated area is established on that portion 
of the Ashley River in Charleston, South Carolina, between Brittle Bank 
Park and the main river channel, bounded by a line beginning at: 
32 deg.47.3' N, 079 deg.57.8' W; thence to 32 deg.47.37' N, 
079 deg.58.05' W; thence to 32 deg.47.1' N, 079 deg.57.78' W; thence to 
32 deg.47.18' N, 079 deg.57.7' W; thence returning to the origin. 
Floating markers will be placed in the river to delineate the regulated 
area.
    (b) Special local regulations. Entry into the regulated area, by 
other than event participants, is prohibited. After termination of the 
water ski, jet ski exhibition, and the fireworks display, and during 
the intervals between scheduled events, at the discretion of the Coast 
Guard Patrol Commander, all vessels may resume normal operations.
    (c) Effective dates. The regulations in this section will be 
effective annually on July 4 from 11 a.m. EDT (Eastern Daylight Time) 
to 10:30 p.m. EDT, unless otherwise specified in the Seventh Coast 
Guard District Local Notice to Mariners and a Federal Register notice.

    Dated: March 28, 1994.
W.P. Leahy,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 94-20191 Filed 8-18-94; 8:45 am]
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