[Federal Register Volume 66, Number 208 (Friday, October 26, 2001)]
[Rules and Regulations]
[Pages 54136-54138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26992]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-01-119]
RIN 2115-AE46


Special Local Regulations; Charleston Christmas Boat Parade and 
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 established for 
the Charleston Christmas Boat Parade and Fireworks Display in 
Charleston Harbor, Charleston SC. These regulations restrict the 
movement of non-participating vessels in the regulated areas 
established around the parade route and fireworks barge in Charleston 
Harbor. These regulations are needed to provide for the safety of life 
on navigable waters during the event and to reduce the impact on 
commercial traffic in Charleston Harbor.

DATES: This rule is effective from 5 p.m. to 8 p.m. on December 1, 
2001.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of [CGD07-01-119] and are available for inspection 
or copying at Coast Guard Group Charleston, 196 Tradd St, Charleston SC 
29401 between 7:30 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.

[[Page 54137]]


FOR FURTHER INFORMATION CONTACT: ENS William C. Walsh, Coast Guard 
Group Charleston at 843 724 7600 x203.

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 an NPRM would be 
contrary to public safety interests since immediate action is needed to 
minimize potential danger to the public. There will be numerous 
spectator and participant vessels in close proximity to each other. 
Moreover, publishing an NPRM is unnecessary since this regulation will 
only be in effect for 3 hours.

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 that regulation the 
parade was permitted for a specific series of dates. Those dates only 
covered the years 1996 through 2000. The event remains the same this 
year with the exception of the addition of a fireworks display. These 
temporary regulations will help control vessel traffic for the boat 
parade and fireworks display.

Discussion of Rule

    The special local regulations for this event prohibit non-
participant vessels from entering the regulated areas along the parade 
route and near the fireworks barge in Folly Island Channel. During the 
Christmas Boat Parade, non-participant vessels are required to stay 500 
yards away from the lead parade vessel and 100 yards away from the last 
parade vessel. Non-participant vessels are also required to keep 50 
yards away from the outermost parade vessel as the flotilla proceeds 
along the parade route.
    The parade route begins in the Middle Ground, North of Charleston 
South Channel. The parade will proceed northeasterly along the west 
edge of Commercial Anchorage A, entering Rebellion Reach in the 
vicinity of Charleston Harbor Channel Lighted Buoy 2 (Light List Number 
2520), thence proceeding northwesterly up Shutes Folly and Horse Reach 
to approximately two-tenths of a nautical mile north of USS Yorktown at 
position 32 deg.47.7'N, 079 deg.47.6'W, thence westerly across Hog 
Island Reach near Charleston Harbor North Channel Lighted Buoy 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 Channel 
Lighted Buoy 2 (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 northwesterly up the Ashley River, and 
continuing to the finishing point at City Marina at approximate 
position 32 deg.46.6'N, 079 deg.57.2'W.
    Vessels are also prohibited from entering the regulated area 
encompassing the fireworks barge in Folly Island Channel. The regulated 
area encompasses a 300 yard radius around a fireworks barge in 
approximate position 32 deg.46.192N, 079 deg.54.327W. All coordinates 
referenced use datum: NAD 1983. This rule is effective from 5 p.m. to 8 
p.m. on December 1, 2001.

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) because this rule is only in effect for 3 hours.

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.
    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 5 p.m. to 8 p.m. on 
December 1, 2001. 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 because this regulation is only in effect for 
3 hours.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pubic Law 104-121), we offer to assist small 
entities in understanding the rule so that they may 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 under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandate Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. This rule will not result in such an expenditure.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

[[Page 54138]]

Protection of Children

    We have analyzed this rule under Executive Order 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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 M16475.1D, that this action is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast guard amends 
33 CFR Part 100 as follows:

PART 100--[SAFETY OF LIFE ON NAVIGABLE WATERS]

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233 through 1236, 49 CFR 1.46, and 33 CFR 
100.35.

    2. Add Sec. 100.35T-07-119 to read as follows:


Sec. 100.35T-07-119  Charleston Christmas Boat Parade and Fireworks 
Display, Charleston Harbor, Charleston SC.

    (a) Regulated areas. (1) Charleston Christmas Boat Parade. A 
regulated area is established to include the waters 500 yards ahead of 
the lead parade vessel, 100 yards astern of the last parade vessel, and 
50 yards to either side of all parade vessels along the parade route 
described in paragraph (b) of this section.
    (2) Fireworks display. A regulated area is established for all 
waters in Folly Island Channel, Charleston Harbor, Charleston SC 
encompassing a 300 yard radius around a fireworks barge in approximate 
position 32 deg.46.192N, 079 deg.54.327W. All coordinates referenced 
use datum: NAD 1983.
    (b) Parade route. The parade will organize in the Middle Ground, 
North of Charleston South Channel. The parade will proceed 
northeasterly along the west edge of Commercial Anchorage A, entering 
Rebellion Reach in the vicinity of Charleston Harbor Channel Lighted 
Buoy 2 (Light List Number 2520), thence proceeding northwesterly up 
Shutes Folly and Horse Reach to approximately two-tenths of a nautical 
mile north of USS Yorktown at position 32 deg.47.7'N, 079 deg.47.6'W, 
thence westerly across Hog Island Reach near Charleston Harbor North 
Channel Lighted Buoy 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 Channel Lighted Buoy 2 (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 northwesterly up the Ashley River, 
and continuing to the finishing point at City Marina at approximate 
position 32 deg.46.6'N, 079 deg. 57.2'W.
    (c) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated in writing by the Commander, Coast Guard Group 
Charleston, South Carolina.
    (d) Special local regulations. Non-participating vessels are 
prohibited from entering the regulated areas unless authorized by the 
Coast Guard Patrol Commander. Spectator craft may remain in the 
designated spectator area to be established by the event sponsor, The 
Charleston Cultural Affairs Office.
    (e) Dates: This section is effective from 5 p.m. to 8 p.m. on 
December 1, 2001.

    Dated: October 18, 2001.
D.B. Peterman,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 01-26992 Filed 10-25-01; 8:45 am]
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