[Federal Register Volume 63, Number 173 (Tuesday, September 8, 1998)]
[Rules and Regulations]
[Pages 47428-47429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24055]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP CHARLESTON 98-053]
RIN 2115-AA97


Safety Zone; Around Alone 98/99 Fireworks, Custom House Reach, 
Charleston, SC.

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on September 25 
in the vicinity of the Custom House Reach, Charleston Harbor, South 
Carolina to protect vessels in the vicinity from the hazards associated 
with the storage, preparation, and launching of fireworks. Entry into 
this zone is prohibited unless authorized by the Captain of the Port.

DATES: This regulation becomes effective at 9 p.m. Eastern Standard 
Time (EST), and terminates at 10:15 p.m. (EST), on September 25, 1998.

FOR FURTHER INFORMATION CONTACT:

[[Page 47429]]

LTJG Robert M. Hengst, Project Manager, U.S. Coast Guard Marine Safety 
Office Charleston, at (843) 724-7685.

SUPPLEMENTARY INFORMATION: .

Background and Purpose

    The event requiring this regulation will occur on September 25, 
1998. The Charleston Maritime Commission is sponsoring a Bon Voyage 
Fireworks Display on this date for the departure of the Around Alone 
fleet. The fireworks display will be positioned on a barge in the 
Custom House Reach, Charleston Harbor, South Carolina. The approximate 
position of this barge will be 32-46.86' North, 079-55.17' West, 
directly east of Waterfront Park, downtown Charleston. The safety zone 
will be bounded on the north by the 32-47.03' North latitude and on the 
south by the 32-46.65' North latitude. The border to the east is Shutes 
Folly and to the west is the downtown Charleston peninsula. The safety 
zone is needed to prevent damage to vessels or injury to persons from 
hazards associated with a fireworks display.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for this regulation and good cause exists for making 
it effective in less than 30 days after Federal Register publication. 
Publishing a NPRM and delaying its effective date would be contrary to 
safety interests since immediate action is needed to minimize potential 
danger to the public as the permit was not received in sufficient time 
to process as an NPRM.

Regulatory Evaluation

    This rule 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 the 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. 
Maritime traffic will not be significantly impacted because this 
proposal will only be in effect for approximately one hour and fifteen 
minutes in a limited area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule, if adopted, will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their field and governmental jurisdictions with populations 
of less than 50,000.
    Therefore, the Coast Guard certifies under section 605(b) that this 
rule will not have a significant effect upon a substantial number of 
small entities because this proposal will only be in effect for 
approximately one hour and fifteen minutes in a limited area.

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 the rulemaking does not have sufficient Federal implications to 
warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
action and has determined pursuant to Figure 2-1, paragraph 34(g) of 
Commandant Instruction M16475.1C that this action is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Temporary Regulation

    In consideration of the foregoing, the Coast Guard amends part 165 
of Title 33, Code of Federal Regulations, as follows:

PART 165--[AMENDED]

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A new Sec. 165.T07-053 is added to read as follows:


Sec. 165.T07-053  Temporary Safety Zone; Around Alone 98/99 Fireworks 
Custom House Reach, Charleston, SC.

    (a) Location. The following boundaries are established as a safety 
zone: All waters within an area bounded on the north by the 32-47.03' 
North latitude; bounded on the south by the 32-46.65' North latitude; 
bounded on east by Shutes Folly and bounded on the west by the downtown 
Charleston peninsula. All coordinates refered use datum: NAD 1983.
    (b) Regulations. (1) The Captain of the Port, Charleston, SC will 
activate this safety zone by means of a locally promulgated broadcast 
notice to mariners. Once implemented, all vessels and persons are 
prohibited from entering this zone, unless otherwise authorized by the 
Captain of the Port, Charleston, SC.
    (2) The general regulations governing safety zones contained in 33 
CFR 165.20 and 165.23 apply.
    (c) Effective Date. this section is effective from 9 p.m. EST and 
until 10:15 p.m. EST, on September 25, 1998.

    Dated: August 20, 1998.
F.J. Sturm,
Commander of the Port, Charleston, South Carolina.
[FR Doc. 98-24055 Filed 9-4-98; 8:45 am]
BILLING CODE 4910-15-U