[Federal Register Volume 63, Number 127 (Thursday, July 2, 1998)]
[Proposed Rules]
[Pages 36197-36199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17646]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-98-039]
RIN 2115-AE46


Special Local Regulations; City of Charleston, SC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: Temporary special local regulations are being proposed for the 
Charleston Maritime Center's South Carolina Tug Boat Challenge. The 
event will last approximately 30 minutes and will take place, depending 
on shipping traffic, between 11 a.m. and 5 p.m. Eastern Daylight Time 
(EDT) on August 8, 1998, in Charleston Harbor on Cooper River 
Charleston, SC. The exact time of the race will be announced via 
separate Broadcast Notice to Mariners. These regulations are necessary 
for the safety of life on the navigable waters during the event.

DATES: Comments must be received on or before August 3, 1998.

ADDRESSES: Comments may be mailed to U.S. Coast Guard Group Charleston, 
196 Tradd Street, Charleston, SC 29401-1817, or may be delivered to the

[[Page 36198]]

Operations Department at the same address, between 8:00 a.m. to 3:00 
p.m. EST, Monday through Friday, except federal holidays. 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:
LTJG A.L. Cooper, Project Manager, Coast Guard Group Charleston at 
(803) 720-7748.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views or arguments. Persons 
submitting comments should include their names and addresses, identify 
this rulemaking [CGD07-98-039] and the specific section of this 
proposal to which each comment applies and give the reason for each 
comment.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing. Persons may request a public 
hearing by writing to the address under ADDRESSES. The request should 
include the reasons why a hearing would be beneficial. If the Coast 
Guard determines that the opportunity for oral presentations will aid 
this rulemaking, it will hold a public hearing at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    This proposed rule is needed to provide for the safety of life 
during the South Carolina Tug Boat Challenge. The tug race is expected 
to create large and powerful wakes. This proposed rule is intended to 
promote safe navigation on the Cooper River immediately before, during, 
and after the race by controlling the traffic entering, exiting, and 
traveling within the regulated area.
    There will be 6 to 8 participants racing barges on a fixed course. 
The event will take place on the Cooper River at Charleston, SC, 
starting at the John P. Grace Memorial Bridge, also known as the Cooper 
River Bridge, and continue south through Hog Island Reach and end at 
the southern end of Customhouse Reach on August 8, 1998. The proposed 
regulation will be effective for approximately 30 minutes between 11 
a.m. and 5 p.m. The actual time of the event will be chosen to ensure 
the least interference with vessel traffic in Charleston Harbor.

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 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. The regulated area encompasses less than 2 nautical miles 
on the Cooper River between the John P. Grace Bridge and the southern 
end of Customhouse Reach, and entry is prohibited for only 
approximately 30 minutes 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 proposed rule, if adopted, will 
have a significant economic impact on a substantial number of small 
entities. ``Small entities'' include small business, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their field, and governmental jurisdiction with populations 
of less than 50,000.
    Therefore, the Coast Guard certifies under section 605(b) that this 
proposed rule, if adopted, will not have a significant effect upon a 
substantial number of small entities because this regulation will only 
be in effect in a limited area for a period of approximately 30 minutes 
on one day.
    If, however, you think that your business or organization qualifies 
as a small entity and that this proposed rule will have a significant 
economic impact on your business or organization, please submit a 
comment explaining why you think it qualifies and in what way and what 
degree this proposed rule will economically affect it.

Collection of Information

    This proposal 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 principals 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 and determined pursuant to Figure 2-1, paragraph #34(h) of 
Commandant Instruction M16475.1C, that this proposed rule is 
categorically excluded from further environmental documentation. A 
Categorical Exclusion Determination has been prepared and is 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.

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 temporary section 100.35 T-07-039 is added to read as follows:


Sec. 100.35T-07-39  South Carolina Tug Boat Challenge, Charleston 
Harbor, Charleston, SC.

    (a) Definitions. (1) Regulated area. A regulated area is 
established on that portion of the Cooper River at Charleston, SC 
between the John P. Grace Memorial Bridge, also known as the Cooper 
River Bridge, and the southern end of Customhouse Reach. The regulated 
area encompasses the width of the Cooper River between these two 
points.
    (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) Entry into the regulated area by 
other than event participants is prohibited, unless otherwise 
authorized by the Coast Guard Patrol Commander. After termination of 
the South Carolina Tug Boat Challenge on August 8, 1998, all vessels 
may resume normal operations.
    (2) On August 8, 1998, Coast Guard Group Charleston will issue a 
broadcast Notice to Mariners on VHF Channel 16/22A advising mariners of 
the exact time of the regulated area.
    (3) A succession of not fewer than 5 short whistle or horn blasts 
from a patrol vessel will be the signal for any

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and all vessels to take immediate steps to avoid collision. The display 
of an orange distress smoke signal from a patrol vessel will be the 
signal for any and all vessels to stop immediately.
    (4) Spectators are required to maintain a safe distance from the 
racecourse at all times.
    (c) Dates. This section is effective for approximately 30 minutes 
between 11 a.m. and 5 p.m. EDT on August 8, 1998.

    Dated: June 24, 1998.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 98-17646 Filed 7-1-98; 8:45 am]
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