[Federal Register Volume 59, Number 222 (Friday, November 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28581]


[[Page Unknown]]

[Federal Register: November 18, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-94-018]
RIN 2115-AE46

 

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 Christmas Parade of Boats. This one-day 
event is held each year during the second weekend of December 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 January 17, 1995.

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 [CGD07-94-018] 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 Regulations

    Approximately fifty 25 to 60 foot pleasure craft, both power and 
sail, participate in the parade of boats, with approximately 150 
spectator craft expected. The participating vessels will be decorated 
with Christmas lights and sail around the point of Charleston 
peninsula. The parade route includes the Cooper, Wando, and Ashley 
Rivers, and intersects three commercial shipping channels, posing an 
extra or unusual hazard in the navigable waters. These regulations 
provide for the safety of life in the navigable waters during the 
event.

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 (44 FR 
11040; February 26, 1979) is unnecessary. The regulated area 
encompasses less than six nautical miles of waters on the Wando River, 
Cooper River, and Ashley River, entry into which is prohibited for two 
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 100.707 is added to read as follows:


Sec. 100.707  Cooper, Wando, and Ashley Rivers, Charleston, SC

    (a) Regulated area. The regulated area includes the area 500 yards 
ahead of the lead parade vessel, 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 (b)(1) of this section.
    (b) Special local regulations. (1) The parade route begins from 
that portion of Charleston Harbor commencing at Wando River Terminal 
Buoy 4 (Light List Number 3440) at approximate position 32 deg.49.09' 
N, 079 deg.54.16' W, thence to the upper end of Hog Inlet Reach at 
approximate position 32 deg.48.26' N, 079 deg.54.54' W, thence to 
approximate position 32 deg.48.07' N, 079 deg.54.55' W, below the 
Cooper River Bridges, thence southeast to approximately two-tenths of a 
nautical mile north of the USS Yorktown at approximate position 
32 deg.47.35' N, 079 deg.54.37' W, thence south past the USS Yorktown 
to approximate position 32 deg.47.20' N, 079 deg.54.33' W, thence west 
to Customs House Reach at approximate position 32 deg.47.20' N, 
079 deg.55.17' W, thence south to 32 deg.45.50' N, 079 deg.55.18' W 
(approximately one half nautical mile southeast of Battery Point), 
thence up the Ashley River, and continuing to the finishing point at 
City Marina (32 deg.46.53' N, 079 deg.57.28' W).
    (2) Entry into the regulated area by other than authorized parade 
participants or official patrol vessels is prohibited, unless otherwise 
authorized by the Patrol Commander.
    (3) The regulated area will be enforced by a regatta patrol. The 
Coast Guard Patrol Commander will be monitoring VHF-FM channels 16 and 
22A. Guide boats will be stationed along the parade route to mark the 
major course changes.
    (4) After termination of the Christmas Parade of Boats and 
departure of parade participants from the regulated area, all vessels 
may resume normal operations.
    (c) Effective dates This section will be effective annually on 
Saturday during the first or second week of December with dates and 
times as published by a Notice of Implementation in the Federal 
Register and in the Seventh Coast Guard District Local Notice to 
Mariners. In case of inclement weather, alternate rain dates will be 
established for Sunday during the first or second week of December with 
dates and times as published by a Notice of Implementation in the 
Federal Register and in the Seventh Coast Guard District Local Notice 
to Mariners.

    Dated: November 7, 1994.
W.P. Leahy,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 94-28581 Filed 11-17-94; 8:45 am]
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