[Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
[Rules and Regulations]
[Pages 28501-28502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13999]



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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: Final rule.

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SUMMARY: The Coast Guard is establishing permanent special local 
regulations for the Beaufort Water Festival. This event will be held 
annually on the last two Saturdays and Sundays of July, between 7:30 
a.m. and 7 p.m. e.d.t. (Eastern Daylight Time). Historically, the raft 
races, sailboat regattas, aerial demonstrations, power boat races, and 
a parade of ships have drawn 75 event participants and 400 spectator 
craft to the Beaufort River each day of the event. The anticipated 
concentration of spectator and event participant vessels associated 
with the Beaufort Water Festival poses a safety concern. Furthermore, 
the nature of the event 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 during the event. These 
regulations are necessary to provide for the safety of life on 
navigable waters during the event.

EFFECTIVE DATE: July 5, 1996.

FOR FURTHER INFORMATION CONTACT:
ENS M.J. DaPonte, project officer, Coast Guard Group Charleston at 
(803) 724-7621.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On April 19, 1996, the Coast Guard published a notice of proposed 
rulemaking entitled ``Beaufort Water Festival, Beaufort, SC [CGD07-96-
020] in the Federal Register (61 FR 17269). The comment period ended on 
May 20, 1996. The Coast Guard received no comments during the notice of 
proposed rulemaking comment period. A public hearing was not requested 
and no hearing was held.

Discussion of Regulations

    These regulations are needed to provide for the safety of life 
during the Beaufort Water Festival. The 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 75 event participants 
and 400 spectator craft to the Beaufort River each day of the event. 
The anticipated concentration of spectator and event participant 
vessels associated with the Beaufort Water Festival poses a safety 
concern, which is addressed in these special local regulations.
    These regulations will not permit movement of spectator vessels and 
other non-event participating vessel traffic within the regulated area, 
between the Ladys Island swing bridge (32 deg.25'40'' N, 
080 deg.40'10'' W) and a line drawn directly across the Beaufort River 
at Spanish Point (32 deg.24'00'' N) from 7:30 a.m. to 7 p.m. e.d.t, 
annually on the last two Saturdays and Sundays of July. All coordinates 
referenced use datum: NAD 1983. However, these regulations will permit 
the movement of spectator vessels and other non-event participant 
vessels between scheduled events and at the termination of the last 
scheduled event, at the discretion of the Coast Guard Patrol Commander.

Regulatory Evaluation

    This rule is not a significant regulatory action under Section 3(f) 
of 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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. 
These regulations will last for only 11 and one half hours on each day 
of the event. No public comments were received during the notice of 
proposed rulemaking comment period.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rulemaking 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 rule will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

    These 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 this 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 
rulemaking consistent with Section 2.B.2. of Commandant Instruction 
M16475.1B. In accordance with that section, this 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.

List of Subjects in 33 CFR Part 100

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

Regulations

    In consideration of the foregoing, Part 100 of Title 33, Code of 
Federal Regulations, the Coast Guard amends as follows:

PART 100--[AMENDED]

    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.


[[Page 28502]]


    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 
32 deg.25'40'' N, 080 deg.40'10'' W and a line drawn directly across 
the Beaufort River at Spanish Point, at 32 deg.24'00'' N. 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 United States Coast 
Guard who has been designated by the Commander, Coast Guard Group 
Charleston, 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 Coast Guard Patrol Commander.
    (2) Between scheduled events the Coast Guard Patrol Commander may 
authorize vessels to resume normal operations.
    (3) After termination of the Beaufort Water Festival events, all 
vessels may resume normal operation at the discretion of the Coast 
Guard Patrol Commander.
    (c) Effective Dates. This section become effective annually from 
7:30 a.m. to 7 p.m. EDT, on the last two Saturdays and Sundays of July.

    Dated: May 14, 1996.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 96-13999 Filed 6-4-96; 8:45 am]
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