[Federal Register Volume 67, Number 128 (Wednesday, July 3, 2002)]
[Rules and Regulations]
[Pages 44550-44551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16743]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-02-056]
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. 
This rule creates a regulated area around the fireworks barge. It will 
be enforced from 8:30 p.m. to 10:15 p.m. on July 4, 2002 (rain date 
July 5, 2002). This rule is needed to provide for the safety of life on 
navigable waters during the event.

DATES: This rule is effective from 8:30 p.m. July 4, 2002 until 10:15 
p.m. July 5, 2002.

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 [CGD07-02-056] 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: LTJG Chris Martinez, Coast Guard Group 
Charleston at (843) 724-7632.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing a NPRM. Publishing a NPRM, which would 
incorporate a comment period before a final rule could be issued, would 
be contrary to public safety interests since immediate action is needed 
to minimize potential danger to the public from aerial fireworks and 
because there will be numerous spectator craft in the area.
    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.

Background and Purpose

    This rule is required to provide for the safety of life on 
navigable waters because of the inherent danger associated with the 
aerial fireworks display during the Harbour Town Fireworks Display, 
Calibogue Sound, Hilton Head, SC. The event sponsor expects numerous 
spectator craft to be in the vicinity of the fireworks display. This 
rule creates a regulated area on the waters of Calibogue Sound, Harbour 
Town, Hilton Head, SC, within a 350-yard radius of a fireworks launch 
barge in approximate position 32 deg.08.2' N, 080 deg.49.2' W. Non-
participant vessels and persons are prohibited from entering the 
regulated area without the permission of the Coast Guard Patrol 
Commander.

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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, l979) because the impacts on 
navigation are expected to be minimal: the rule will be enforced for 
under two hours, vessels will be able to transit Calibogue Sound around 
the regulated area, and vessels may be allowed to enter the regulated 
area with the permission of the Coast Guard Patrol Commander.

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, 2002 (or July 5, 2002 if the event is postponed). 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 impacts on navigation are expected to be minimal: the rule 
will be enforced for under two hours, vessels will be able to transit 
Calibogue Sound around the regulated area, and vessels may be allowed 
to enter the regulated area with the permission of the Coast Guard 
Patrol Commander.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can 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

[[Page 44551]]

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 implication 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. Although 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 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 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 M16475.1D, 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.

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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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.


    2. From 8:30 p.m. on July 4, 2002 until 10:15 p.m. on July 5, 2002, 
add temporary Sec. 100.35T-07-056 to read as follows:


Sec. 100.35T-07-056  Harbour Town Fireworks Display, Calibogue Sound, 
Harbour 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 350-yard 
radius of a fireworks launch barge in approximate position 32 deg.08.2' 
N, 080 deg.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 
non-participant persons or vessels is prohibited unless authorized by 
the Coast Guard Patrol Commander.
    (d) Dates. This rule will be enforced from 8:30 p.m. to 10:15 p.m. 
on July 4, 2002. If the event is postponed on July 4, 2002, it will be 
enforced from 8:30 p.m. to 10:15 p.m. on July 5, 2002.

    Dated: June 14, 2002.
John E. Crowley, Jr.,
Captain, Coast Guard, Acting Commander Seventh Coast Guard District.
[FR Doc. 02-16743 Filed 7-2-02; 8:45 am]
BILLING CODE 4910-15-P