[Federal Register Volume 71, Number 119 (Wednesday, June 21, 2006)]
[Rules and Regulations]
[Pages 35539-35541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9815]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Charleston 06-113]
RIN 1625-AA00


Safety Zone; Cooper River, River Front Park, North Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Cooper River for a fireworks display. The 
temporary safety zone extends 1000 feet in all directions from the 
center of the spud barge located at 32[deg]51[min]57[sec] N 
079[deg]57[min]35[sec] W. This rule prohibits entry, anchoring, mooring 
or transiting within the safety zone without the permission of the 
Captain of the Port Charleston or his designated representative. This 
rule is necessary to protect life and property on the navigable waters 
of the Upper Cooper River from the hazards associated with the 
launching of fireworks.

DATES: The rule is effective from 6 p.m. on July 4, 2006 until 12:01 
a.m. on July 5, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP Charleston 06-113] and are 
available for inspection or copying at Coast Guard Sector Charleston 
(WWM), 196 Tradd Street, Charleston, South Carolina 29401 between 7:30 
a.m. and 4:00 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer James J. McHugh, 
Sector Charleston office of Waterways Management, at (843) 723-7647.

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, which 
would incorporate a comment period before a final rule could be issued 
and delay the effective date, would be contrary to the public interest 
because immediate action is needed to protect the public and waters of 
the United States.
    For the same reason, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule

[[Page 35540]]

effective less than 30 days after publication in the Federal Register. 
A Coast Guard patrol vessel will be on scene for the duration of the 
effective period to notify mariners of the restrictions.

Background and Purpose

    These proposed regulations are required to provide for the safety 
of life on navigable waters because of the inherent danger from 
fireworks during the July 4th celebration on the upper Cooper River, 
North Charleston, SC.

Discussion of Rule

    The temporary safety zone will be in effect and enforced in an area 
extending 1000 feet in all directions from a barge located on the Upper 
Cooper River, North Charleston, SC in approximate position 
32[deg]51[min]57[sec] N 079[deg]57[min]35[sec] W. The temporary safety 
zone will be enforced from 6 p.m. on July 4, 2006 through 12:01 a.m. on 
July 5, 2006. Persons and vessels will be prohibited from entering, 
anchoring, mooring or transiting within the safety zone without the 
permission of the Captain of the Port Charleston or his designated 
representative. Any concerned traffic may request permission to pass 
through the safety zone from the COTP or designated representative on 
VHF-FM channel 16 or via phone at (843) 724-7616.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland 
Security (DHS) because the regulation will only be in effect for a 
short duration, the impact on routine navigation is expected to be 
minimal, marine traffic will still be able to safely transit around the 
temporary safety zone and vessels may be allowed to enter the zone with 
the permission of the COTP or designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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. The owners and operators of vessels navigating in vicinity of 
the Upper Cooper River may be impacted by this rule. This impact will 
not be significant because the regulation will only be in effect for a 
short duration, the impact on routine navigation is expected to be 
minimal, marine traffic will still be able to safely transit around the 
temporary safety zone and vessels may be allowed to enter the zone with 
the permission of the COTP or designated representative.

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. Small 
entities may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking.
    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 Mandates 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. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

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.

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 create an 
environmental risk to health or risk to 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

[[Page 35541]]

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. A final ``Environmental Analysis Check List'' and a 
final ``Categorical Exclusion Determination'' are available in the 
docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 
191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
2. A new temporary Sec.  165.T07-113 is added to read as follows:


Sec.  165.T07-113  Upper Cooper River, Charleston, SC.

    (a) Regulated area. The Coast Guard is establishing a temporary 
safety zone on the navigable waters of the Upper Cooper River for a 
fireworks display. The temporary safety zone extends 1000 feet in all 
directions from the fireworks launch barges located on the Upper Cooper 
River, North Charleston, SC in approximate position 32[deg]51'57'' N 
079[deg]57'35'' W.
    (b) Definitions. The following definitions apply to this section:
    Designated representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and federal, state, and local officers 
designated by or assisting the Captain of the Port Charleston (COTP) in 
the enforcement of the regulated area.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, anchoring, mooring or transiting in this 
regulated area is prohibited, except as provided for herein, or unless 
authorized by the Coast Guard Captain of the Port Charleston, South 
Carolina or his designated representative. Persons and vessels may 
request permission to enter the safety zone on VHF-FM channel 16 or via 
phone at (843) 724-7616.
    (d) Date. The rule is effective from 6 p.m. on July 4, 2006 through 
until 12:01 a.m. on July 5, 2006.

    Dated: May 23, 2006.
John E. Cameron,
Captain, U.S. Coast Guard, Captain of the Port Charleston, SC.
[FR Doc. E6-9815 Filed 6-20-06; 8:45 am]
BILLING CODE 4910-15-P