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Safety Zone; 4th July Fireworks, Cooper River, Patriots Point, Mount Pleasant, SC
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[Federal Register: July 3, 2006 (Volume 71, Number 127)]
[Rules and Regulations]
[Page 37825-37827]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy06-4]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Charleston 06-111]
RIN 1625-AA00
Safety Zone; 4th July Fireworks, Cooper River, Patriots Point,
Mount Pleasant, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of the Cooper River for a Fourth of July fireworks display. The
safety zone extends 1000 feet in all directions from USS Yorktown
located at Patriots Point, Mt. Pleasant, SC, in approximate position
32[deg]47'27'' N 079[deg]54'34'' W. The rule prohibits entry,
anchoring, mooring or transiting within the safety zone without the
permission of the Captain of the Port Charleston or his designated
representative. This regulation is necessary to protect life and
property on the navigable waters of the Cooper River from the hazards
associated with the launching of fireworks.
DATES: This rule is effective from 6 p.m. on July 4 until 12:01 a.m on
July 5, 2006.
ADDRESSES: You may mail comments and related material to Commander
Coast Guard Sector Charleston (WWM), 196 Tradd Street, Charleston,
South Carolina 29401. This Office maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at Waterways Management Division 7:30 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer James J. McHugh,
Sector Charleston office of Waterways Management, at (843) 724-7647.
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), the Coast Guard finds that good
cause exists for not publishing a NPRM. The exact location and time of
the event was not provided with sufficient time for public comment.
Publishing a NPRM, which would incorporate a comment period before a
final rule could be issued and delay the rule's effective date, is
contrary to public interest because immediate action is necessary to
protect the public and waters of the United States.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. The Coast Guard will
issue a broadcast notice to mariners and will place Coast Guard vessels
in the vicinity of this zone to advise mariners of the restriction.
Background and Purpose
This rule allows the Coast Guard Captain of the Port Charleston,
South Carolina, to establish a safety zone in order to provide for a
minimum separation set back area for the Patriots Point July Fourth
Fireworks event, as recommended by the National Fire Protection
Association for firework displays. The safety zone is necessary to
protect the participants and spectators, and to ensure no unsafe
conditions exist.
Discussion of Rule
The safety zone will be in effect and enforced in an area extending
1000 feet in any direction from USS Yorktown located at Patriots Point,
Mt. Pleasant, SC in approximate position 32[deg]47'27'' N,
079[deg]54'34'' W. The safety zone will be enforced from 6:00 p.m.
until 12:01 a.m. for the Fireworks display. The safety zone will be
activated by a local Broadcast to Mariners and a Marine Safety
Information Bulletin. Persons and vessels will be prohibited from
entering, anchoring, mooring or transiting within the safety zone
without the permission of the Captain Of the Port Charleston or his
designated representative. Any concerned traffic may request permission
to pass through the safety zone from the COTP or his designated
representative on VHF-FM channel 16 or via phone at (843) 720-3240.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 the order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS) because these regulations will only be in effect for a
short period of time and the impact on routine navigation is expected
to be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, 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
would not have a significant economic impact on a substantial number of
small entities. This rule will not have a significant economic impact
on a substantial number of small entities for the following reasons:
this rule is for a highly publicized event and will only be in effect
for a limited time and for a limited area. The Coast Guard Patrol
Commander can authorize transits through the regulated area on a as
needed basis.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule will
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance; please contact Chief Warrant Officer James J. McHugh, Sector
[[Page 37826]]
Charleston Office of Waterways Management, at 843 724-7647. The Coast
Guard will not retaliate against small entities that question or
complain about this rule or any policy or action 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 under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. A final ``Environmental Analysis Checklist'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under addresses.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
? For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165, as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
? 1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
? 2. Add Sec. 165.T07-111 to read as follows:
Sec. 165.T07-111 Safety Zone; Cooper River, Patriots Point, Mt.
Pleasant, SC.
(a) Location. The Coast Guard is establishing a safety zone for a
fireworks display. The safety zone extends 1000 feet in all directions
from USS Yorktown located at Patriots Point, Mt. Pleasant, SC, in
approximate position 32[deg]47'27'' N 079[deg]54'34'' W. These
coordinates are based upon the North American datum of 1983 (NAD83).
(b) Definitions. The following definitions apply to this section:
Designated representative means Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty officers or other officers
operating Coast Guard vessel and a Federal, State, and local officers
designated by or assisting the Captain of the Port Charleston (COTP) in
the enforcement of the safety zone.
(c) Regulations. (1) Under the general regulations in Sec. 165.23,
entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the COTP, Charleston,
[[Page 37827]]
South Carolina or the COTP's designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all directions given to
them by thee COTP or the COTP's designated representative.
(d) Effective period. This rule is effective from 6 p.m. on July 4
until 12:01 a.m on July 5, 2006.
Dated: June 21, 2006.
J.E. Cameron,
Captain, U.S. Coast Guard, Captain of the Port, Charleston, South Carolina.
[FR Doc. E6-10366 Filed 6-30-06; 8:45 am]
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