[Federal Register Volume 65, Number 86 (Wednesday, May 3, 2000)]
[Rules and Regulations]
[Pages 25644-25645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10942]


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DEPARTMENT OF TRANSPORTATION

33 CFR Part 100

[CGD07-00-035]
RIN 2115-AE47


Special Local Regulations: South Carolina Aquarium Grand Opening 
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 adopted for the: 
South Carolina Aquarium Grand Opening fireworks display. These 
regulations are needed to provide for the safety of life on navigable 
waters during the event.

DATES: These regulations become effective at 8:30 p.m. and terminate at 
10 p.m. EDT on May 20, 2000.

FOR FURTHER INFORMATION CONTACT: Lt. Simone Brisco at (843) 724-7628.

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) and 553(d)(3), the Coast Guard 
finds that good cause exists for not publishing an NPRM and making 
these regulations effective less than 30 days after the Federal 
Register publication. Publishing an NPRM and delaying the effective 
date would be contrary to national safety interests since immediate 
action is needed to minimize potential danger to the public as there 
will be numerous spectator craft in the area, the event date is 
scheduled for May 20, 2000, and the permit request was only recently 
received.

Background and Purpose

    These regulations are required to provide for the safety of life on 
navigable waters because of the inherent danger of the storage and 
launching of fireworks in the vicinity of spectator craft in Charleston 
Harbor, Charleston, SC. These regulations prohibit non-participating 
vessels from entering the area surrounding the two fireworks barges.

Regulatory Evaluation

    This 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. 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). 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 regulated area will only be in 
effect for approximately 1\1/2\ hours.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic effect upon a substantial number of small entities. ``Small 
entities'' include small business, 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 as the regulations will only be in effect for 1\1/2\ hours in 
a limited area and the event will be highly publicized.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-221), we offer 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. 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 requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

[[Page 25645]]

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

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

Protection of Children

    We have analyzed this rule under E.O. 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.

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

List of Subjects in 33 CFR Part 100

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

Temporary Regulations

    In consideration of the foregoing, the Coast Guard amends 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. Add temporary Sec. 100.35T-07-035 to read as follows:


Sec. 100.35T-07-035  South Carolina Aquarium Grand Opening fireworks 
display, Charleston Harbor, Charleston, SC.

    (a) Regulated Area. The rectangular regulated area in Charleston 
Harbor is bounded on the north by a line drawn along latitude 
32 deg.47'38" N, on the south by a line along 32 deg.46'40" W, on the 
east by a line along longitude 79 deg.54'57" W and on the west by a 
line along 79 deg.55'23" W. All coordinates referenced use Datum: NAD 
1983.
    (b) 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 Commanding Officer, Group Charleston, SC.
    (c) Special Local Regulations. Entry into the regulated area by 
other than event participants is prohibited, unless otherwise 
authorized by the Patrol Commander. Spectator craft may remain in a 
spectator area to be established by the event sponsor, The South 
Carolina Aquarium.
    (d) Dates. These regulations become effective at 8:30 p.m. and 
terminate at 10 p.m. EDT on May 20, 2000.

    Dated: April 20, 2000
G. W. Sutton,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District 
Acting.
[FR Doc. 00-10942 Filed 5-2-00; 8:45 am]
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