[Federal Register Volume 66, Number 109 (Wednesday, June 6, 2001)]
[Rules and Regulations]
[Pages 30316-30317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14228]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-01-040]
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 established for 
the Harbour Town Fireworks Display, Calibogue Sound, Hilton Head, SC. 
The event will be held in the Calibogue Sound, Hilton Head, SC. The 
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 10:15 p.m. on July 4 
and July 5, 2001.

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 [CGD07-01-040] and are available for inspection or copying 
at Coast Guard Group Charleston, 196 Tradd St., Charleston, SC 29401 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: ENS Bill Walsh, Coast Guard Group 
Charleston at (843) 724-7600 x203.

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. Publishing an NPRM would be 
unnecessary and contrary to national safety interests since immediate 
action is needed to minimize potential danger to the public because 
there will be numerous spectator craft in the area.

Background and Purpose

    These regulations are required to provide for the safety of life on 
navigable waters because of the inherent danger of fireworks being 
launched near spectator vessels during the Harbour Town Display, 
Calibogue Sound, Hilton Head, SC. The regulations prohibit vessels from 
coming within 1000 feet of the fireworks barge which will be located at 
approximate position 32 08.2'N, 080 49.2'W.

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).

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 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.
    This rule may 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 10:15 p.m. 
on July 4, 2001. 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 because the rule will be in effect for only 1 
hour and 45 minutes.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pubic Law 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 rule calls for no new collection of information 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

[[Page 30317]]

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 affect 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 pursuant to Figure 2-1, paragraph 34(h) of 
Commandant Instruction M16475.1C, that this action is categorically 
excluded from further environmental documentation.

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.

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--[AMENDED]

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46; 33 CFR 100.35.

    2. Temporary Sec. 100.35T-07-040 is added to read as follows:


Sec. 100.35T-07-040,  Temporary Special Local Regulation, Calibogue 
Sound, Harbor Town, Hilton Head, SC.

    (a) 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.
    (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 are effective from 8:30 p.m. to 10:15 
p.m. local time on July 4, 2001. If event is postponed they are 
effective from 8:30 p.m. to 10:15 p.m. on July 5, 2001.

    Dated: May 24, 2001.
G.W. Sutton,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District, 
Acting.
[FR Doc. 01-14228 Filed 6-5-01; 8:45 am]
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