[Federal Register Volume 65, Number 218 (Thursday, November 9, 2000)]
[Rules and Regulations]
[Pages 67264-67265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28535]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 07-00-107]
RIN 2115-AE46


Special Local Regulation; Charleston Christmas Parade of Boats, 
Charleston Harbor, SC

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising the parade route for the 
Charleston Christmas Parade of Boats. The change in the parade route is 
necessary to provide improved viewing for the spectators, to reduce the 
impact on commercial traffic in Charleston Harbor and to provide for 
the safety of life on the navigable waters during the event.

DATES: This rule is effective December 11, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD 07-00-107 and are available for inspection or 
copying at Commander, Seventh Coast Guard District, 909 S.E. 1st 
Street, Suite 918, Miami, Florida 33131, between 9 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: QMC David Jersey Coast Guard Group 
Charleston, South Carolina at (843) 724-7600.

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), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing a NPRM is 
impracticable as we were only recently informed of the change in parade 
route, and these regulations are needed to provide for the safety of 
life on navigable waters during the event.

Background and Purpose

    Each year a Christmas boat parade is held in Charleston Harbor, 
South Carolina. We previously issued a permanent special local 
regulation for this event, at 33 CFR 100.721. Under this regulation the 
parade route started near the Wando River Terminal, and proceeded south 
past the Cooper River Bridge, and then around the peninsula and up the 
Ashley River and ending at City Marina. The parade route is changing 
this year in order to provide improved viewing for the spectators, to 
reduce the impact on commercial traffic in Charleston Harbor and to 
provide for the safety of life on the navigable waters during the 
event. This year the parade starts in the Middle Ground, a more open 
area, proceeds generally north west towards Town Creek, and then 
southerly around the peninsula as in previous years.

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 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 10e of 
the regulatory policies and procedures of DOT is unnecessary. This rule 
is only effective for 4 hours on the day of the parade, and will expire 
thereafter.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, 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. This rule may affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of Charleston Harbor from 4:30 p.m. to 
8:30 p.m. on December 9, 2000.
    This special local regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. This regulation will only be in effect a total of four hours 
on the day of the event. Further, the parade route is configured to 
minimize the impact on commercial traffic and vessel traffic can pass 
around the parade route.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    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 under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

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.

[[Page 67265]]

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 risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph 34(h), of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 100

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

    In consideration of the foregoing, the Coast Guard amends 33 CFR 
Part 100 as follows:
    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 
100.35.
    2. In Sec. 100.721 revise paragraph (a)(2) to read as follows:


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

    (a) * * *
    (2) Parade Route. The parade will organize in the Middle Ground, 
north of Charleston South Channel. The parade will proceed north along 
the west edge of Commercial Anchorage A, entering Rebellion Reach in 
the vicinity of Charleston HBR N Chan LB 2 (Light List Number 2505) at 
approximate position 32 deg.46.3'N, 079 deg.53.3'W, thence proceeding 
up Folly Shutes, and Horse Reach 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 across Hog Island Reach near Charleston Harbor 
N. Channel LB 11 (Light List Number 2529) at approximate position 
32 deg.47.6'N, 079 deg.55.1'W, entering Town Creek Lower reach near 
Town Creek Chan LB2 (Light List Number 2715) at approximate position 
32 deg.47.7'N, 079 deg.55.5'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.
* * * * *

    Dated: October 27, 2000.
G.W. Sutton,
U.S. Coast Guard, Acting Commander, Seventh Coast Guard District.
[FR Doc. 00-28535 Filed 11-8-00; 8:45 am]
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