[Federal Register Volume 65, Number 53 (Friday, March 17, 2000)]
[Proposed Rules]
[Pages 14501-14502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6687]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07-00-012]
RIN 2115-AE446


Special Local Regulations: Skull Creek, Hilton Head, SC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to adopt temporary Special Local 
Regulations for the Skull Creek July 4th celebration Fireworks Display, 
Skull Creek, Hilton Head, SC. The event will be held from 9 p.m. to 10 
p.m. Eastern Daylight Time (EDT) on July 4, 2000 in Skull Creek, Hilton 
Head, SC. These regulations are needed to provide for the safety of 
life on navigable waters during the event.

DATES: Comments and related material must reach the Coast Guard on or 
before May 16, 2000.

ADDRESSES: Comments should be mailed to Commanding Officer, U.S. Coast 
Guard, Marine Safety Office, 196 Tradd Street, Charleston, SC 29401. 
Comments will become part of this docket and will be available for 
inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT: Ms. Kathy Porter at (843) 681-2772 
x100.

SUPPLEMENTARY INFORMATION:  

Background and Purpose

    These proposed regulations are required to provide for the safety 
of life on navigable waters because of the inherent danger of fireworks 
during the Skull Creek July 4th celebration, Skull Creek, Hilton Head 
GA.

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, data, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this notice [CGD07-00-012] and the specific section of this 
proposal to which their comments apply and give reasons for each 
comment. The Coast Guard requests that all comments and attachments be 
submitted in an 8" X 11" unbound format suitable for copying and 
electronic filing. If that is not practical, a second copy of any bound 
material is requested. Persons requesting acknowledgment of receipt of 
comments should enclose a stamped, self-addressed postcard or envelope. 
The Coast Guard will consider all comments received during the comment 
period. The regulations may be changed in view of the comments 
received. All comments received before the expiration of the comment 
period will be considered before final action is taken on this 
proposal.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to Commander Coast Guard Group Miami at the 
address under ADDRESSES. The request should include the reasons why a 
hearing would be beneficial. If it determines that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a public hearing at a

[[Page 14502]]

time and place announced by a notice in the Federal Register.

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 2 hours on one day.

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 2 hours in a 
limited area near Hilton Head, South Carolina.

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 proposal calls for no new collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism

    We have analyzed this proposal 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 proposal will not impose an unfunded 
mandate.

Taking of Private Property

    This proposal 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 proposal 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 proposal 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 considered the environmental impact of this 
proposal and has determined pursuant to Figure 2-1, paragraph 34(h) of 
Commandant Instruction M16475.1C, that this proposal is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 100

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

    In consideration of the foregoing, the Coast Guard proposes to 
amend 33 CFR Part 100 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-07-012 to read as follows:


Sec. 100.35T-07-012  Skull Creek July 4th Celebration, Skull Creek, 
Hilton Head SC.

    (a) Regulated Area: A regulated area is established for the waters 
in Skull Creek, Hilton Head, SC, encompassing an area within a 500 foot 
radius from position 32 deg.13.95'N, 080 deg.45.1'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 are required to 
remain in a spectator area to be established by the event sponsor The 
Club Group, LTD.
    (d) Dates: These regulations become effective at 8:30 p.m. and 
terminate at 10:30 p.m. EDT on July 4, 2000.

    Dated: March 3, 2000.
Thad. W. Allen,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 00-6687 Filed 3-16-00; 8:45 am]
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