[Federal Register Volume 61, Number 188 (Thursday, September 26, 1996)]
[Proposed Rules]
[Pages 50463-50465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24744]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-96-048]
RIN 2115-AE46


Special Local Regulations: Charleston Christmas Parade of Boats, 
Charleston, SC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local 
regulations for the Charleston Christmas Parade of Boats. This one-day 
event will be held on December 7, 1996, December 13, 1997, December 12, 
1998, December 4, 1999 and December 9, 2000, on the

[[Page 50464]]

Ashley, Wando and Cooper Rivers in Charleston, South Carolina, between 
5 p.m. and 8 p.m. Eastern Standard Time (EST). The customary presence 
of commercial and recreational traffic, and the nature of the event 
creates an extra or unusual hazard on the navigable waters during the 
event. These proposed regulations are necessary to provide for the 
safety of life on the navigable waters during the event.

DATE: Comments must be received on or before October 28, 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. (EST), 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, Project Officer, 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 (CGD07-96-048) 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 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 Charleston Christmas Parade of Boats. These regulations 
are intended to promote safe navigation on the waters of the Ashley, 
Wando and Cooper Rivers in Charleston Harbor during the boat parade by 
controlling the traffic entering, exiting, and traveling within the 
boat parade formation. The anticipated concentration of non-
participating and participating vessels within the area poses a safety 
concern, which is addressed in the proposed special local regulations.
    These proposed regulations would not permit the entry or movement 
of spectator vessels and other non-participating vessel traffic within 
an area 500 yards ahead of the lead vessel, 100 yards astern of the 
last vessel, and 50 yards to either side of all vessels participating 
in the parade of boats between Wando River Terminal buoy 4 (LLNR 2720) 
at approximate position 32 deg.49.20'N, 079 deg.54.3'W, and City Marina 
on the Ashley River, from 4:30 to 8:30 p.m. EST, on December 7, 1996, 
December 13, 1997, December 12, 1998, December 4, 1999 and December 9, 
2000. All coordinates referenced use datum: NAD 1983. However, the 
proposed regulations would permit the movement of non-participating 
vessels after the termination of the boat parade.

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 regulated area encompasses less than six 
miles of the Ashley, Wando and Cooper Rivers and would be in effect for 
only 4 hours 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 the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    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, because the proposed regulated 
area encompasses a limited area of less than six miles and would be in 
effect for only 4 hours on the day of the event.

Collection of Information

    The proposed regulations contain no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism

    This proposal has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12612, and it has been 
determined that the proposed 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, (as revised by 59 FR 38654, July 29, 1994). In accordance 
with that instruction section 2.B.2.b., this proposed rule 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 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 new section 100.721 is added to read as follows:


Sec. 100.721  Charleston Christmas Parade of Boats, Charleston Harbor, 
SC

    (a) Regulated Area. A 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.
    (b) Parade Route. The parade route begins from that portion of 
Charleston

[[Page 50465]]

Harbor commencing at Wando River Terminal buoy 4 (Light List Number 
2720) at approximate position 32 deg.49.2'N, 079 deg.54.3'W. thence to 
the upper end of Hog Island Reach at approximate position 
32 deg.48.7'N, 079 deg.54.85'W, thence to approximate position 
32 deg.48.15'N, 079 deg.54.95'W, below the Cooper River Bridges, thence 
southeast to approximately two-tenths of a nautical mile north of USS 
Yorktown at position 32 deg.47.7'N, 079 deg.54.7'W, thence south past 
the USS Yorktown to approximate position 32 deg.47.2'N, 079 deg.54.7'W, 
thence west to Custom House Reach at approximate position 
32 deg.47.2'N, 079 deg.55.3'W, thence south to 32 deg.45.7'N, 
079 deg.55.3'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.46.6'N, 079 deg.57.2'W). All 
coordinates referenced use datum: NAD 1983.
    (c) 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.
    (d) Special local regulations.
    (1) Entry into the regulated area by other than authorized parade 
event participants or official patrol vessels is prohibited, unless 
otherwise authorized by the Patrol Commander.
    (2) After termination of the Charleston Christmas Parade of Boats 
and departure of parade event participants from the regulated area, all 
vessels may resume normal operations.
    (e) Effective Dates. These regulations are effective from 4:30 p.m. 
to 8:30 p.m. (EST), on December 7, 1996, December 13, 1997, December 
12, 1998, December 4, 1999 and December 9, 2000.

    Dated: September 4, 1996.
J.D. Hull,
Captain, U.S. Coast Guard Commander, Seventh Coast Guard District 
Acting.
[FR Doc. 96-24744 Filed 9-25-96; 8:45 am]
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