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Safety Zone; Beaufort Water Festival Fireworks, Beaufort River, Beaufort, SC
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 7, 2006 (Volume 71, Number 130)]
[Rules and Regulations]
[Page 38530-38532]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy06-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Charleston 06-136]
RIN 1625-AA00
Safety Zone; Beaufort Water Festival Fireworks, Beaufort River,
Beaufort, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Beaufort River for a fireworks display. The
temporary safety zone extends 460 feet in all directions from the
center of a barge located in Beaufort River, Beaufort, South Carolina
in approximate position 32[deg]25.632' N, 080[deg]40.600' W. This 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
[[Page 38531]]
the navigable waters of Beaufort River due to the hazards associated
with the launching of fireworks.
DATES: The rule is effective from 8:30 p.m. to 10:30 p.m. on July 14, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP Charleston 06-136]
and are
available for inspection or copying at Coast Guard Sector Charleston
(WWM), 196 Tradd Street, Charleston, South Carolina 29401 between 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 an NPRM. The exact location and time of
the event was not provided with sufficient time for public comment.
Publishing an NPRM, which would incorporate a comment period before a
final rule could be issued and delay the effective date, would be
contrary to the public interest because immediate action is needed to
protect the public and waters of the United States.
For the same reason, 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. A Safety patrol
vessel will be on scene for the duration of the effective period to
notify mariners of the restrictions.
Background and Purpose
A Fireworks Display is planned for July 14, 2006, in Beaufort, SC.
These fireworks will be launched from a barge anchored in Beaufort
River, and a large number of spectators are expected to attend the
display. This rule is needed to protect spectators in the vicinity of
the fireworks presentation from the hazards associated with transport,
storage, and launching of fireworks.
Discussion of Rule
The temporary safety zone will be in effect and enforced in an area
extending 460 feet in all directions from the center of a barge located
on the Beaufort River, Beaufort, SC in approximate position
32[deg]25.632' N, 080[deg]40.600' W. The temporary safety zone will be
enforced from 8:30 p.m. to 10:30 p.m. on 14 July 2006. 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) 724-7616.
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 that Order.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary because the regulation will
only be in effect for a short duration, the impact on routine
navigation is expected to be minimal, marine traffic will still be able
to safely transit around the temporary safety zone, and vessels may be
allowed to enter the zone with the permission of the COTP or his
designated representative.
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 will
not have a significant economic impact on a substantial number of small
entities.
The owners and operators of vessels navigating in the vicinity of
the launching barge in the Beaufort River may be impacted by this rule.
This impact will not be significant because the regulation will only be
in effect for a short duration, the impact on routine navigation is
expected to be minimal, marine traffic will still be able to safely
transit around the temporary safety zone and vessels may be allowed to
enter the zone with the permission of the COTP or his designated
representative.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered 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.
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 will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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
[[Page 38532]]
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 does not create an
environmental risk to health or risk to safety that may
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 does 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 Check List'' 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 temporary Sec. 165.T07-136 to read as follows:
Sec. 165.T07-136 Beaufort River, Beaufort, SC.
(a) Regulated area. The Coast Guard is establishing a temporary
safety zone on the navigable waters of the Beaufort River Sound for a
fireworks display. The temporary safety zone extends, from surface to
bottom, 460 feet in all directions from the fireworks launch barges
located on the Beaufort River, Beaufort, SC in approximate position
32[deg]25.632' N, 080[deg]40.600' W.
(b) Definitions. The following definitions apply to this section:
Designated representative means Coast Guard Patrol Commanders including
Coat Guard coxswains, petty officers and other officers operating Coast
Guard vessels, and federal, state, and local officers designated by or
assisting the Captain of the Port Charleston (COTP) in the enforcement
of the regulated area.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, anchoring, mooring or transiting in this
regulated area is prohibited, except as provided for herein, or unless
authorized by the Coast Guard Captain of the Port Charleston, South
Carolina or his designated representative. Persons and vessels may
request permission to enter the safety zone on VHF-FM channel 16 or via
phone at (843) 724-7616.
(d) Dates. The rule is effective from 8:30 p.m. to 10:30 p.m. on
July 14, 2006.
Dated: June 23, 2006.
John E. Cameron,
Captain, U.S. Coast Guard, Captain of the Port Charleston, SC.
[FR Doc. E6-10648 Filed 7-6-06; 8:45 am]
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