[Federal Register Volume 67, Number 128 (Wednesday, July 3, 2002)]
[Rules and Regulations]
[Pages 44551-44553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16748]


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DEPARTMENT OF TRANSPORTATION

33 CFR Part 100

[CGD07-02-045]
RIN 2115-AE46


Special Local Regulations; Skull Creek, 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 Skull Creek July 4th Celebration Fireworks Display, on Skull Creek, 
Hilton Head, SC. This rule creates a regulated area around the 
fireworks barge. 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. on July 4, 2002, until 
10:30 p.m. on 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 docket [CGD07-02-045] and are available for inspection or 
copying at Coast Guard Group Charleston, 196 Tradd St, Charleston S. C. 
29401 between 7:30 a.m. and 4 p.m., Monday through Friday, except 
Federal Holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Martinez, Coast Guard Group 
Charleston at (843)--724-7621.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this

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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 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.

Background and Purpose

    This rule is required to provide for the safety of life on 
navigable waters because of the inherent danger of aerial fireworks for 
the Skull Creek July 4th Celebration on Skull Creek, Hilton Head, SC. 
The event sponsor expects approximately 120 spectator craft to observe 
the show. The fireworks barge will be located in approximate position 
32 deg.13.95' N, 080 deg.45.1' W, approximately 900 feet offshore from 
Hudson's Seafood. This rule creates a regulated area that will prohibit 
non-participant vessels from entering the regulated area during the 
event 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, 1979) because the rule minimally 
impacts navigation: the regulated area will only be in effect for two 
hours, the main channel will be open, vessels will still be able to 
transit the waterway 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. ``Small entities'' include 
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 and operators of vessels intending to 
transit or anchor in a portion of the Skull Creek, part of the 
Intercoastal Waterway, from 8:30 p.m. to 10:30 p.m., 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 it 
has minimal impact on navigation: the rule will only be in effect for 
two hours, the main channel will be open, vessels will still be able to 
transit the waterway 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 this rule so that they may 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-GAIR (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

    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 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

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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 10:30 p.m. on July 5, 2002 
add temporary Sec. 100.35T-07-045 to read as follows:


Sec. 100.35T-07-045;  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 a 500-foot radius around 
a barge located in approximate 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, Coast Guard Group Charleston, 
SC.
    (c) Special local regulations. Entry into the regulated area by 
non-participant persons or vessels is prohibited, unless expressly 
authorized by the Coast Guard Patrol Commander.
    (d) Dates. This section will be enforced from 8:30 p.m. until 10:30 
p.m. on July 4, 2002. If the event is postponed on July 4, 2002, this 
section will be enforced from 8:30 p.m. to 10:30 p.m. on July 5, 2002.

    Dated: June 14, 2002.
John E. Crowly, Jr.,
Captain, Coast Guard, Acting Commander Seventh Coast Guard District.
[FR Doc. 02-16748 Filed 7-2-02; 8:45 am]
BILLING CODE 4910-15-P