[Federal Register Volume 71, Number 127 (Monday, July 3, 2006)]
[Rules and Regulations]
[Pages 37825-37827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10366]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Charleston 06-111]
RIN 1625-AA00


Safety Zone; 4th July Fireworks, Cooper River, Patriots Point, 
Mount Pleasant, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable 
waters of the Cooper River for a Fourth of July fireworks display. The 
safety zone extends 1000 feet in all directions from USS Yorktown 
located at Patriots Point, Mt. Pleasant, SC, in approximate position 
32[deg]47'27'' N 079[deg]54'34'' W. The 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 regulation is necessary to protect life and 
property on the navigable waters of the Cooper River from the hazards 
associated with the launching of fireworks.

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

ADDRESSES: You may mail comments and related material to Commander 
Coast Guard Sector Charleston (WWM), 196 Tradd Street, Charleston, 
South Carolina 29401. This Office maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at Waterways Management Division 7:30 a.m. and 4 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) 724-7647.

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 a NPRM. The exact location and time of 
the event was not provided with sufficient time for public comment. 
Publishing a NPRM, which would incorporate a comment period before a 
final rule could be issued and delay the rule's effective date, is 
contrary to public interest because immediate action is necessary to 
protect the public and waters of the United States.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register. The Coast Guard will 
issue a broadcast notice to mariners and will place Coast Guard vessels 
in the vicinity of this zone to advise mariners of the restriction.

Background and Purpose

    This rule allows the Coast Guard Captain of the Port Charleston, 
South Carolina, to establish a safety zone in order to provide for a 
minimum separation set back area for the Patriots Point July Fourth 
Fireworks event, as recommended by the National Fire Protection 
Association for firework displays. The safety zone is necessary to 
protect the participants and spectators, and to ensure no unsafe 
conditions exist.

Discussion of Rule

    The safety zone will be in effect and enforced in an area extending 
1000 feet in any direction from USS Yorktown located at Patriots Point, 
Mt. Pleasant, SC in approximate position 32[deg]47'27'' N, 
079[deg]54'34'' W. The safety zone will be enforced from 6:00 p.m. 
until 12:01 a.m. for the Fireworks display. The safety zone will be 
activated by a local Broadcast to Mariners and a Marine Safety 
Information Bulletin. 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 his designated 
representative on VHF-FM channel 16 or via phone at (843) 720-3240.

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 the order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS) because these regulations will only be in effect for a 
short period of time and the impact on routine navigation is expected 
to be minimal.

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 
would not have a significant economic impact on a substantial number of 
small entities. This rule will not have a significant economic impact 
on a substantial number of small entities for the following reasons: 
this rule is for a highly publicized event and will only be in effect 
for a limited time and for a limited area. The Coast Guard Patrol 
Commander can authorize transits through the regulated area on a as 
needed basis.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule will 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance; please contact Chief Warrant Officer James J. McHugh, 
Sector

[[Page 37826]]

Charleston Office of Waterways Management, at 843 724-7647. The Coast 
Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action 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 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 would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule would 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 would not create an 
environmental risk to health or risk to safety that might 
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 would 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.

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 Checklist'' 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. Add Sec.  165.T07-111 to read as follows:


Sec.  165.T07-111  Safety Zone; Cooper River, Patriots Point, Mt. 
Pleasant, SC.

    (a) Location. The Coast Guard is establishing a safety zone for a 
fireworks display. The safety zone extends 1000 feet in all directions 
from USS Yorktown located at Patriots Point, Mt. Pleasant, SC, in 
approximate position 32[deg]47'27'' N 079[deg]54'34'' W. These 
coordinates are based upon the North American datum of 1983 (NAD83).
    (b) Definitions. The following definitions apply to this section:
    Designated representative means Coast Guard Patrol Commanders, 
including Coast Guard coxswains, petty officers or other officers 
operating Coast Guard vessel and a Federal, State, and local officers 
designated by or assisting the Captain of the Port Charleston (COTP) in 
the enforcement of the safety zone.
    (c) Regulations. (1) Under the general regulations in Sec.  165.23, 
entry into, transiting, or anchoring within this safety zone is 
prohibited unless authorized by the COTP, Charleston,

[[Page 37827]]

South Carolina or the COTP's designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or the COTP's designated representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate in the safety zone must comply with all directions given to 
them by thee COTP or the COTP's designated representative.
    (d) Effective period. This rule is effective from 6 p.m. on July 4 
until 12:01 a.m on July 5, 2006.

    Dated: June 21, 2006.
J.E. Cameron,
Captain, U.S. Coast Guard, Captain of the Port, Charleston, South 
Carolina.
[FR Doc. E6-10366 Filed 6-30-06; 8:45 am]
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