[Federal Register Volume 61, Number 225 (Wednesday, November 20, 1996)]
[Rules and Regulations]
[Pages 59022-59023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29687]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-96-048]
RIN 2115-AE46


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing permanent 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 Ashley, Wando and 
Cooper Rivers in Charleston, South Carolina, between 4:30 and 8:30 p.m. 
Eastern Standard Time (EST). The customary presence of commercial and 
recreational traffic, and the nature of the event create an extra or 
unusual hazard on the navigable waters during the event. These 
regulations are necessary for the safety of life on the navigable 
waters during the event.

EFFECTIVE DATE: November 20, 1996.

FOR FURTHER INFORMATION CONTACT:
Ensign Mike Daponte, Project Officer, Coast Guard Group Charleston, at 
(803) 724-7621.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. Sec. 553, the 
final rule will be made effective in less than 30 days from the date of 
publication in the Federal Register. Following normal rulemaking 
procedures will be impracticable, unnecessary, and contrary to the 
public interest. A notice of proposed rulemaking for this rule was 
published in the Federal Register (61 FR 188) with a thirty day comment 
period. The final rule will be made effective in less than thirty days 
from the date of publication in order to hold the event. During this 
comment period, no comments were received about this rulemaking.

Regulatory History

    On September 26, 1996, the Coast Guard published a notice of 
proposed rulemaking entitled Charleston Christmas Parade of Boats, 
Charleston, SC [CGD07-96-048] in the Federal Register (61 FR 188). The 
comment period ended on October 28, 1996. The Coast Guard received no 
comments during the notice of proposed rulemaking comment period. A 
public hearing was not requested and no hearing was held.

[[Page 59023]]

Background and Purpose

    These regulations are needed to provide for the safety of life 
during the 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 Ashley, Wando and Cooper Rivers in 
Charleston, South Carolina, between 4:30 and 8:30 p.m. (EST). 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 parade formation. The anticipated concentration of non-
participating vessels within the area poses a safety concern, which is 
addressed in these regulations.
    These regulations will 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 
regulations will permit the movement of non-participating vessels after 
the termination of parade.

Regulatory Evaluation

    This rule 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 5 (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 
rule 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 six miles of Ashley, Wando and 
Cooper Rivers, and will 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 whether this rulemaking will have a 
significant 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).
    The Coast Guard certifies under 5 U.S.C. 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not 
have a significant economic impact on a substantial number of small 
entities. The regulated area encompasses a limited area of the Ashley, 
Wando and Cooper Rivers, and will be in effect for only 4 hours on the 
day of the event.

Collection of Information

    This rule 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 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 
action 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.4.g., this 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.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For reasons set out in the preamble, the Coast Guard amends Part 
100 of Title 33, Code of Federal Regulations, 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 100.721 is added to read as follows:


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

    (a) Definitions. (1) 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 described in paragraph (a)(2) of this section.
    (2) Parade Route. The parade route begins from that portion of 
Charleston 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.
    (3) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant or petty officer of the Coast Guard who has 
been designated in writing by the Commander, Coast Guard Group 
Charleston, South Carolina.
    (b) Special local regulations. (1) Entry into the regulated area by 
other than authorized parade participants or official patrol vessels is 
prohibited, unless otherwise authorized by the Patrol Commander.
    (2) 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 Date: 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: November 4, 1996.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 96-29687 Filed 11-19-96; 8:45 am]
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