Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations 28501

§ 178.2 [Amended]

2. Section 178.2 is amended by

removing the designation and

description entry for § 12.143.

George J. Weise,

Commissioner of Customs.

Approved: May 15, 1996.

Dennis M. O’Connell,

Acting Deputy Assistant Secretary of the

Treasury.

[FR Doc. 96–14026 Filed 6–4–96; 8:45 am]

BILLING CODE 4820–02–P

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.

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°25′40′′ N,

080°40′10′′ W) and a line drawn directly

across the Beaufort River at Spanish

Point (32°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.
28502 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations

2. A new section 100.715 is added to

read as follows:

§ 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°25′40′′ N,

080°40′10′′ W and a line drawn directly

across the Beaufort River at Spanish

Point, at 32°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]

BILLING CODE 4910–14–M

33 CFR Part 100

[CGD07–96–005]

RIN 2115–AE46

Special Local Regulations: Fort Myers

Beach Offshore Grand Prix; Fort Myers

Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing permanent special local

regulations for the Fort Myers Offshore

Grand Prix. This event will be held

annually during the first Saturday and

Sunday of June, between 12 p.m. and 3

p.m. (Eastern Daylight Time).

Historically, there have been

approximately 170 participant and

spectator craft. The resulting congestion

of navigable channels creates an extra or

unusual hazard in the navigable waters.

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:

LTJG T. Stuhlreyer, project officer, Coast

Guard Group St. Petersburg, FL at (813)

824–7533.

SUPPLEMENTARY INFORMATION:

Regulatory History

On March 20, 1996, the Coast Guard

published a notice of proposed

rulemaking entitled [CGD07–96–005] in

the Federal Register (61 FR 11354). The

Coast Guard received no written or oral

comments during the proposed

rulemaking comment period. A public

hearing was not requested and one was

not held.

Discussion of Regulations

These regulations are needed to

provide for the safety of life during the

Fort Myers Beach Offshore Grand Prix.

These regulations are intended to

promote safe navigation on the waters

off Fort Myers Beach during the races by

controlling the traffic entering, exiting,

and traveling within these waters. The

anticipated concentration of spectator

and participant vessels associated with

the Grand Prix poses a safety concern,

which is addressed in these special

local regulations. These regulations will

not permit anchoring shoreward of the

shoreside legs of the racecourse, from 11

a.m. to 3 p.m., on the first Saturday and

Sunday of June. Spectator craft will be

permitted near the race area but will be

required to stay clear of the race lanes.

These regulations will permit anchoring

for spectators seaward of the seaside

legs of the racecourse, but only in the

designated spectator area defined in

paragraph (b) of the regulations. All

vessel traffic, not involved with the Fort

Myers Beach Offshore Grand Prix,

exiting Matanzas Pass between 11 a.m.

and 3 p.m. will exit the marked channel

at Matanzas Pass Channel daybeacon #3

(26°25.9′ N, 82°58.2′ W, LLNR 16365)

and #4 (26°26.1′ N, 82°57.8′ W, LLNR

16370), and will proceed in a

southwesterly direction seaward of the

designated spectator area defined in

paragraph (b) of these regulations,

taking action to avoid a close-quarters

situation until the vessel finally is past

and clear of the racecourse. All

coordinates referenced use datum: NAD

83. All vessel traffic, not involved with

the Fort Myers Beach Offshore Grand

Prix, exiting Big Carlos Pass between 11

a.m. and 3 p.m. will proceed in a

southwesterly direction seaward of the

designated spectator area defined in

paragraph (b) of these regulations,

taking action to avoid a close-quarters

situation until finally past and clear of

the racecourse.

Regulatory Evaluation

This rule 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 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 4 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 action 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 that this action 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

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 action and

has concluded that preparation of an

Environmental Impact Statement is not

necessary. An Environmental

Assessment and Finding of No

Significant Impact are available in the

docket for inspection or copying. The