[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