Special Local Regulations; North Charleston Fireworks, North Charleston, SC

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-97-016]

RIN 2115-AE46

Special Local Regulations; North Charleston Fireworks, North

Charleston, SC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary special local

regulations for the City of North Charleston's 25th Anniversary

Fireworks. The event will occur on Friday, June 13, 1997, between the

hours of 9:30 p.m. and 10:30 p.m. Eastern Daylight Time (EDT) on the

North Charleston Reach of the Cooper River. The nature of the event and

the closure of a portion of the Cooper River creates an extra or

unusual hazard on the navigable waters of the Cooper River at North

Charleston, SC. These regulations are necessary for the safety of life

on the navigable waters during the event.

DATES: Comments must be received on or before June 4, 1997.

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

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

to the 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.

The Group Commander maintains the public docket for this

rulemaking. Comments will become part of this docket and will be

available for inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT: ENS M.J. DaPonte, Project Manager,

Coast Guard Group Charleston, SC at (803) 724-7621.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The proposed regulations are needed to provide for the safety of

life during the City of North Charleston's 25th Anniversary Fireworks

demonstration. These proposed regulations are intended to promote safe

navigation on the Cooper River immediately before, during, and

immediately after the fireworks demonstration by controlling the

traffic entering, existing, and traveling within the regulated area.

The anticipated concentration of commercial traffic and spectator

vessels poses a safety concern which is addressed in these proposed

special local regulations.

The proposed regulations would not permit the entry or movement of

spectator vessels and other non-participating vessel traffic between

two lines drawn directly across the Cooper River at latitudes 32-52.2N

and 32-53N, on Friday, June 13, 1997 from 9 to 11 p.m. EDT. The

proposed regulation would permit the movement of spectator vessels and

other non-participants within the regulated area before the start of

the fireworks at the discretion of the Coast Guard Patrol Commander.

In accordance with 5 U.S.C. 553, the comment period for this

proposed rulemaking is limited to 30 days after publication in the

Federal Register, as following normal rulemaking procedures would have

been impractical. The information necessary to hold the event was not

received until April 1, 1997, and there was not sufficient time

remaining to publish a 60 day notice of proposed rulemaking or to

provide for a delayed effective date.

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data,

[[Page 24378]]

views, or arguments. Persons submitting comments should include their

name and address, identify this rulemaking (CGD07-97-016) and the

specific section of this proposal to which each comment applies, and

give a reason for each comment. Persons desiring acknowledgment of

receipt of comments should enclose a stamped, self-addressed postcard

or envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in the view of the

comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Project Manager at the address under

ADDRESSES. If it is determined that the opportunity for oral

presentations will aid this rulemaking, the Coast Guard will hold a

public hearing at the time and place announced by a later notice in the

Federal Register.

Regulatory Evaluation

The proposal 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. 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

proposal to be so minimal that a full Regulatory Evaluation under

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

unnecessary. The proposed regulations would last for only two hours on

June 13, 1997.

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).

The Coast Guard certifies under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that this proposal, if adopted,

will not have a significant impact on a substantial number of small

entities because it will be in effect for only two hours in a limited

area.

Collection of Information

This proposal contains no collection of information requirements

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

Federalism

The Coast Guard has analyzed this proposal in accordance with the

principals and criteria contained in Executive Order 12612 and has

determined that this proposal 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

action, and has tentatively determined pursuant to section

2.B.2.e(34)(h) of Commandant Instruction M16475.1B, that this action is

categorically excluded from further environmental documentation. A

written Categorical Exclusion Determination will be prepared after the

comment period for this proposed rulemaking has expired.

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 part 100 of title 33, Code of Federal Regulations, as follows:

PART 100--[AMENDED]

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

follows:

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

2. A new temporary section 100.35T-07-016 is added to read as

follows:

Sec. 100.35T-07-016 North Charleston Fireworks; Cooper River, SC.

(a) Definitions:

(1) Regulated area. The regulated area is formed between two lines

drawn directly across the Cooper River at 32-52.2N and 32-53N. All

coordinates referenced use Datum: NAD 83. The regulated area would

encompass the width of the Cooper River between these two lines.

(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, SC.

(b) Special Local Regulations. (1) No person or vessel may enter,

transit, or remain in the regulated area unless authorized by the Coast

Guard Patrol Commander.

(2) The Coast Guard Patrol Commander may delay, modify, or cancel

the fireworks as conditions or circumstances require. The Coast Guard

Patrol Commander shall monitor the start of the fireworks with the

event sponsor, to allow for a window of opportunity for inbound or

outbound commercial traffic to transit the regulated area with minimal

interference.

(3) At the conclusion of the fireworks demonstration, and at the

discretion of the Patrol Commander, all vessels may resume normal

operations.

(c) Effective Date. This section is effective from 9 to 11 p.m. on

June 13, 1997.

Dated: April 16, 1997.

J.W. Lockwood,

Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.

[FR Doc. 97-11562 Filed 5-2-97; 8:45 am]

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