Special Local Regulations; Beaufort Water Festival; Beaufort, SC

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-96-020]

RIN 2115-AE46

Special Local Regulations; Beaufort Water Festival; Beaufort, SC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent special local

regulations for the Beaufort Water Festival. This event will be held

annually on the last two weekends of July, between 7:30 a.m. and 7 p.m.

Eastern Daylight Time. Historically, the raft races, sailboat regattas,

aerial demonstrations, power boat races, and a parade of ships have

drawn approximately 600-1000 participants and 100-150 spectator craft

to the Beaufort River each day of the event. The anticipated

concentration of spectator and participant vessels associated with the

Beaufort Water Festival poses a safety concern. Furthermore, the nature

of the events and the closure of the Beaufort River between the Ladys

Island swing bridge and Spanish Point creates an extra or unusual

hazard in the navigable waters. These proposed regulations are

necessary to provide for the safety of life on navigable waters during

the event. By establishing these proposed permanent regulations, the

Coast Guard expects to give better notice of requirements related to

marine events, and also avoid the recurring costs of publication

related with temporary regulations. However, the establishment of these

proposed permanent regulations would not relieve the event organizers

from applying for an annual marine event permit.

DATES: Comments must be received on or before May 20, 1996.

ADDRESSES: Comments may be mailed to Commander, U.S. Coast Guard Group

Charleston, 196 Tradd Street, Charleston, SC 29401, or may be delivered

to operations office at the same address between 7:30 a.m. and 3:30

p.m., Monday through Friday, except federal holidays. The telephone

number is (803) 724-7621. Comments will become a part of the public

docket and will be available for copying and inspection at the same

address.

FOR FURTHER INFORMATION CONTACT:

ENS M. J. DaPonte, Coast Guard Group Charleston at (803) 724-7621.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written views, data, or arguments.

Persons submitting comments should include their names, addresses,

identify the notice (CGD07-96-020) and the specific section of this

proposal to which their comments apply, and give reasons for each

comment. The Coast Guard will consider all comments received during the

comment period. The regulations may be changed in view of the comments

received. All comments received before the expiration of the comment

period will be considered before final action is taken on this

proposal.

No public hearing is planned, but one may be held if the written

requests for a hearing are received, and it is determined that the

opportunity to make oral presentations will add to the rulemaking

process.

Discussion of Proposed Regulations

The proposed regulations are needed to provide for the safety of

life during the Beaufort Water Festival. These regulations are intended

to promote safe navigation on the waters of the Beaufort River between

the Ladys Island swing bridge and Spanish Point by controlling the

traffic entering, exiting, and traveling within these waters.

Historically, the raft races, sailboat regattas, aerial demonstrations,

power boat races, and a parade of ships have drawn approximately 600-

1000 participants and 100-150 spectator craft to the Beaufort River

each day of the event. The anticipated concentration of spectator and

participant vessels associated with the Beaufort Water Festival poses a

safety concern, which is addressed in these proposed special local

regulations. The proposed regulations would not permit movement of

spectator vessels and other nonparticipating vessel traffic within the

regulated area, between the Ladys Island swing bridge (032 deg.25'40''

N, 080 deg.40'10'' W) and a line drawn directly across the Beaufort

River at Spanish Point, on the 032 deg.24'00'' N parallel from 7:30

a.m. to 7 p.m., annually on the last two weekends of July. All

coordinates referenced use Datum: NAD 1983. However, the proposed

regulations would permit the movement of spectator vessels and other

non-participants between scheduled events and at the termination of the

last scheduled event, at the discretion of the Coast Guard Patrol

Commander.

[[Page 17270]]

Regulatory Evaluation

This proposal is not a significant regulatory action under Section

3(f) of the Executive Order 12866 and does not require an assessment of

the potential costs and benefits under Section 6(a)(3) of that Order.

It has been exempted from review by the Office of Management and Budget

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

proposed rule to be so minimal that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies and procedures of DOT is

unnecessary. The proposed regulation would last for only 11 and one-

half hours each day of the event.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include independently owned and operated small businesses

that are not dominant in their field and that otherwise qualify as

``small business concerns'' under Section 3 of the Small Business Act

(15 U.S.C. 632).

For reasons set forth in the above Regulatory Evaluation, the Coast

Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted,

would not have a significant economic impact on a substantial number of

small entities.

Collection of Information

These proposed regulations contain no collection of information

requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et

seq.).

Federalism

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that the rulemaking does not have sufficient Federalism implications to

warrant the preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the environmental impact of this

proposal consistent with Section 2.B.2. of Commandant Instruction

M16475.1B. In accordance with that section, this proposed action has

been environmentally assessed (EA completed), and the Coast Guard has

concluded that it will not significantly affect the quality of the

human environment. An environmental assessment and a finding of no

significant impact have been prepared and are available in the docket

for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), Reporting and recordkeeping

requirements, Waterways.

Proposed Regulations

In consideration of the foregoing, the Coast Guard proposes to

amend 33 CFR part 100 as follows:

1. The authority citation for Part 100 continues to read as

follows:

PART 100--[AMENDED]

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

2. A new section 100.715 is added to read as follows:

Sec. 100.715 Annual Beaufort Water Festival; Beaufort River, Beaufort,

SC.

(a) Definitions. (1) Regulated Area. A regulated area is

established on that portion of the Beaufort River, between the Ladys

Island swing bridge at 032 deg.25'40'' N, 080 deg.40'10'' W and a line

drawn directly across the Beaufort River at Spanish Point on the

032 deg.24'00'' N parallel. All coordinates referenced use Datum: NAD

1983.

(2) 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 the Commander, Coast Guard Group Charleston, South

Carolina.

(b) Special local regulations. (1) Entry into the regulated area by

other than event participants is prohibited, unless otherwise

authorized by the Patrol Commander.

(2) Between scheduled events during the last two weekends of July,

the Patrol Commander may authorize vessels to resume normal operations

(3) After termination of the Beaufort Water Festival events on the

last two weekends of July, all vessels may resume normal operation at

the discretion of the Patrol Commander.

(c) Effective Dates. These regulations are effective annually from

7:30 a.m. to 7 p.m. Eastern Daylight Time, on the last two weekends of

July, unless otherwise specified in the local notice to mariners.

Dated: March 25, 1996.

P.J. Cardaci,

Captain U.S. Coast Guard, Acting Commander, Seventh Coast Guard

District.

[FR Doc. 96-9602 Filed 4-18-96; 8:45 am]

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