[Federal Register Volume 65, Number 86 (Wednesday, May 3, 2000)]
[Rules and Regulations]
[Pages 25644-25645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10942]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD07-00-035]
RIN 2115-AE47
Special Local Regulations: South Carolina Aquarium Grand Opening
Fireworks Display, Charleston Harbor, Charleston, SC
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Temporary Special Local Regulations are being adopted for the:
South Carolina Aquarium Grand Opening fireworks display. These
regulations are needed to provide for the safety of life on navigable
waters during the event.
DATES: These regulations become effective at 8:30 p.m. and terminate at
10 p.m. EDT on May 20, 2000.
FOR FURTHER INFORMATION CONTACT: Lt. Simone Brisco at (843) 724-7628.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and 553(d)(3), the Coast Guard
finds that good cause exists for not publishing an NPRM and making
these regulations effective less than 30 days after the Federal
Register publication. Publishing an NPRM and delaying the effective
date would be contrary to national safety interests since immediate
action is needed to minimize potential danger to the public as there
will be numerous spectator craft in the area, the event date is
scheduled for May 20, 2000, and the permit request was only recently
received.
Background and Purpose
These regulations are required to provide for the safety of life on
navigable waters because of the inherent danger of the storage and
launching of fireworks in the vicinity of spectator craft in Charleston
Harbor, Charleston, SC. These regulations prohibit non-participating
vessels from entering the area surrounding the two fireworks barges.
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. The Office of Management and Budget has not reviewed it
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 will only be in
effect for approximately 1\1/2\ hours.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
economic effect upon 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
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities as the regulations will only be in effect for 1\1/2\ hours in
a limited area and the event will be highly publicized.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-221), we offer to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. Small
entities may contact the person listed under FOR FURTHER INFORMATION
CONTACT for assistance in understanding and participating in this
rulemaking. We also have a point of contact for commenting on actions
by employees of the Coast Guard. Small businesses may send comments on
the actions of Federal employees who enforce, or otherwise determine
compliance with Federal regulations to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of the Coast
Guard, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule calls for no new collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
[[Page 25645]]
Federalism
We have analyzed this rule under Executive Order 13132 and have
determined that this rule does not have implications for federalism
under that order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those unfunded mandate costs. This rule will not impose an unfunded
mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not concern an environmental
risk to health or safety that may disproportionately affect children.
Environment
The Coast Guard has considered the environmental impact of this
action and has determined pursuant to Figure 2-1, paragraph 34(h) of
Commandant Instruction M16475.1C, that this action is categorically
excluded from further environmental documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Temporary Regulations
In consideration of the foregoing, the Coast Guard amends 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. Add temporary Sec. 100.35T-07-035 to read as follows:
Sec. 100.35T-07-035 South Carolina Aquarium Grand Opening fireworks
display, Charleston Harbor, Charleston, SC.
(a) Regulated Area. The rectangular regulated area in Charleston
Harbor is bounded on the north by a line drawn along latitude
32 deg.47'38" N, on the south by a line along 32 deg.46'40" W, on the
east by a line along longitude 79 deg.54'57" W and on the west by a
line along 79 deg.55'23" W. All coordinates referenced use Datum: NAD
1983.
(b) 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 Commanding Officer, Group Charleston, SC.
(c) Special Local Regulations. Entry into the regulated area by
other than event participants is prohibited, unless otherwise
authorized by the Patrol Commander. Spectator craft may remain in a
spectator area to be established by the event sponsor, The South
Carolina Aquarium.
(d) Dates. These regulations become effective at 8:30 p.m. and
terminate at 10 p.m. EDT on May 20, 2000.
Dated: April 20, 2000
G. W. Sutton,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District
Acting.
[FR Doc. 00-10942 Filed 5-2-00; 8:45 am]
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