[Federal Register Volume 62, Number 86 (Monday, May 5, 1997)]
[Proposed Rules]
[Pages 24377-24378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11562]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-97-016]
RIN 2115-AE46


Special Local Regulations; North Charleston Fireworks, North 
Charleston, SC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary special local 
regulations for the City of North Charleston's 25th Anniversary 
Fireworks. The event will occur on Friday, June 13, 1997, between the 
hours of 9:30 p.m. and 10:30 p.m. Eastern Daylight Time (EDT) on the 
North Charleston Reach of the Cooper River. The nature of the event and 
the closure of a portion of the Cooper River creates an extra or 
unusual hazard on the navigable waters of the Cooper River at North 
Charleston, SC. These regulations are necessary for the safety of life 
on the navigable waters during the event.

DATES: Comments must be received on or before June 4, 1997.

ADDRESSES: Comments may be mailed to Commander, U.S. Coast Guard Group 
Charleston, 196 Tradd Street, Charleston, SC 29401, or may be delivered 
to the 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.
    The Group Commander maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT: ENS M.J. DaPonte, Project Manager, 
Coast Guard Group Charleston, SC at (803) 724-7621.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The proposed regulations are needed to provide for the safety of 
life during the City of North Charleston's 25th Anniversary Fireworks 
demonstration. These proposed regulations are intended to promote safe 
navigation on the Cooper River immediately before, during, and 
immediately after the fireworks demonstration by controlling the 
traffic entering, existing, and traveling within the regulated area. 
The anticipated concentration of commercial traffic and spectator 
vessels poses a safety concern which is addressed in these proposed 
special local regulations.
    The proposed regulations would not permit the entry or movement of 
spectator vessels and other non-participating vessel traffic between 
two lines drawn directly across the Cooper River at latitudes 32-52.2N 
and 32-53N, on Friday, June 13, 1997 from 9 to 11 p.m. EDT. The 
proposed regulation would permit the movement of spectator vessels and 
other non-participants within the regulated area before the start of 
the fireworks at the discretion of the Coast Guard Patrol Commander.
    In accordance with 5 U.S.C. 553, the comment period for this 
proposed rulemaking is limited to 30 days after publication in the 
Federal Register, as following normal rulemaking procedures would have 
been impractical. The information necessary to hold the event was not 
received until April 1, 1997, and there was not sufficient time 
remaining to publish a 60 day notice of proposed rulemaking or to 
provide for a delayed effective date.

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data,

[[Page 24378]]

views, or arguments. Persons submitting comments should include their 
name and address, identify this rulemaking (CGD07-97-016) and the 
specific section of this proposal to which each comment applies, and 
give a reason for each comment. Persons desiring acknowledgment of 
receipt of comments should enclose a stamped, self-addressed postcard 
or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in the view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Project Manager at the address under 
ADDRESSES. If it is determined that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at the time and place announced by a later notice in the 
Federal Register.

Regulatory Evaluation

    The 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 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. The proposed regulations would last for only two hours on 
June 13, 1997.

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).
    The Coast Guard certifies under section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this proposal, if adopted, 
will not have a significant impact on a substantial number of small 
entities because it will be in effect for only two hours in a limited 
area.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

Federalism

    The Coast Guard has analyzed this proposal in accordance with the 
principals and criteria contained in Executive Order 12612 and has 
determined that this proposal 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, and has tentatively determined pursuant to section 
2.B.2.e(34)(h) of Commandant Instruction M16475.1B, that this action is 
categorically excluded from further environmental documentation. A 
written Categorical Exclusion Determination will be prepared after the 
comment period for this proposed rulemaking has expired.

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 temporary section 100.35T-07-016 is added to read as 
follows:


Sec. 100.35T-07-016 North Charleston Fireworks; Cooper River, SC.

    (a) Definitions:
    (1) Regulated area. The regulated area is formed between two lines 
drawn directly across the Cooper River at 32-52.2N and 32-53N. All 
coordinates referenced use Datum: NAD 83. The regulated area would 
encompass the width of the Cooper River between these two lines.
    (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, SC.
    (b) Special Local Regulations. (1) No person or vessel may enter, 
transit, or remain in the regulated area unless authorized by the Coast 
Guard Patrol Commander.
    (2) The Coast Guard Patrol Commander may delay, modify, or cancel 
the fireworks as conditions or circumstances require. The Coast Guard 
Patrol Commander shall monitor the start of the fireworks with the 
event sponsor, to allow for a window of opportunity for inbound or 
outbound commercial traffic to transit the regulated area with minimal 
interference.
    (3) At the conclusion of the fireworks demonstration, and at the 
discretion of the Patrol Commander, all vessels may resume normal 
operations.
    (c) Effective Date. This section is effective from 9 to 11 p.m. on 
June 13, 1997.

    Dated: April 16, 1997.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 97-11562 Filed 5-2-97; 8:45 am]
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