[Federal Register Volume 65, Number 128 (Monday, July 3, 2000)]
[Rules and Regulations]
[Pages 41003-41004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16882]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-00-062]
RIN 2115-AE46


Special Local Regulations; Harbour Town Fireworks Display, 
Calibogue Sound, Hilton Head, SC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Temporary Special Local Regulations are being adopted for the 
Harbour Town Fireworks Display, Calibogue Sound, Hilton Head, SC. The 
event will be held from 9 p.m. to 9:30 p.m. local time on July 4, 2000 
in Calibogue Sound, Hilton Head, SC. These regulations are needed to 
provide for the safety of life on navigable waters during the event.

DATES: This rule is effective from 8:30 p.m. to 9:30 p.m. local time on 
July 4, 2000 and from 8:30 p.m. to 9:30 p.m. on July 5, 2000 in case of 
event postponement due to the onset of inclement weather.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD 07-00-062 and are available for inspection or 
copying at Commander, Coast Guard Group, 196 Tradd St., Charleston, SC 
29401, between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: LT Simone Brisco, U.S. Coast Guard 
Group, Charleston, SC, at (843) 724-7628.

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 because information concerning 
the exact date and times of the event were only recently received. 
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 because information concerning the exact date and 
times of the event were only recently received.

Background and Purpose

    These regulations are required to provide for the safety of life on 
navigable waters because of the inherent danger of fireworks during the 
Harbour Town Display, Calibogue Sound, Hilton Head, SC.

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 
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). We expect 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 as this regulation will 
only be in effect for one hour in a limited area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612) we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises 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. The rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of Calibogue Sound from 8:30 p.m. to 
9:30 p.m. on July 4, 2000 (or July 5, 2000 if the event is postponed). 
This special local regulation will not have a significant economic 
impact on a substantial number of small entities

[[Page 41004]]

because this rule will be in effect for only 1 hour, and vessel traffic 
can pass safely around the regulated area.

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 process. If the 
rule would affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please 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 rule contains no collection of information requirements under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

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

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 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 concern an 
environmental risk to health or safety that may disproportionately 
affect children.

Environment

    The Coast Guard has considered the environmental impact of this 
action and has determined under Figure 2-1, paragraph 34(h) of 
Commandant Instruction M16475.1C, that this rule is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 100

    Marine Safety, Navigation (water), Reporting and Recordkeeping 
Requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR Part 100 as follows:

PART 100--MARINE EVENTS

    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. Temporary Sec. 100.35T-07-062 is added to read as follows:


Sec. 100.35T-07-062  Temporary Special Local Regulation, Calibogue 
Sound, Harbour Town, Hilton Head, SC.

    (a) Definitions.
    (1) Regulated Area. A regulated area is established on the waters 
of Calibogue Sound, Harbour Town, Hilton Head, SC, within a 1000 foot 
radius of a fireworks launch area on a barge in approximate position 32 
08.2' N, 080 49.2' W. 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 Coast Guard who has 
been designated by Commanding Officer, Group Charleston, SC.
    (b) 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.
    (c) Dates. These regulations are effective from 8:30 p.m. to 9:30 
p.m. local time on July 4, 2000. If event is postponed, they are 
effective from 8:30 p.m. to 9:30 p.m. local time on July 5, 2000.

    Dated: June 20, 2000.
G.W. Sutton,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 00-16882 Filed 6-29-00; 1:19 pm]
BILLING CODE 4910-15-U