[Federal Register Volume 69, Number 128 (Tuesday, July 6, 2004)]
[Rules and Regulations]
[Pages 40542-40544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15247]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Savannah-04-066]
RIN 1625-AA00


Safety Zone; Shelter Cove, Hilton Head Island, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone 
extending a radius of 1,000 feet around the fireworks barge located in 
Shelter Cove, Hilton Head Island, SC. This regulation is necessary to 
protect life and property on the navigable waters of Broad Creek due to 
possible dangers associated with fireworks. No vessel may enter the 
safety zone without the permission of the Captain of the Port Savannah.

DATES: This rule is effective from 8 p.m. June 15, 2004, until 10 p.m. 
August 24, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP Savannah-04-066] and are available 
for inspection or copying at Coast Guard Marine Safety Office Savannah, 
100 W. Oglethorpe Ave., Savannah, GA 31401 between 7:30 a.m. and 4 
p.m., Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Anthony J. 
Quirino, Coast Guard Marine Safety Office Savannah, 912-652-4353 Ext 
235.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule. Under 5 U.S.C. 553(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.
    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

    The temporary safety zone will be in effect and enforced in an area 
extending a radius of 1,000 feet around the barge located in Shelter 
Cove, Hilton Head Island, SC (32[deg]10'55'' N, 080[deg]44' W). The 
temporary safety zone will be enforced from 8 p.m. through 10 p.m. each 
Tuesday beginning on June 8, 2004 through August 24, 2004, and from 8 
p.m. to 10 p.m. July 4, 2004. Marine traffic will not be permitted to 
enter the safety zone without the permission of the Captain of the Port 
Savannah. Any concerned traffic can contact the representative of the 
Captain of the Port on board U.S. Coast Guard Auxiliary vessel, which 
will be on scene throughout the closure. Traffic needing permission to 
pass through this safety zone can contact the representative for the 
COTP on VHF-FM channel 16 or via phone at (912) 652-4181.

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 Homeland 
Security (DHS) because marine traffic should be able to safely transit 
around the safety zone and may be allowed to enter the

[[Page 40543]]

zone with the permission of the COTP or his representative.

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.
    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 small entities and marine traffic should be able to 
safely transit around the safety zone and may be allowed to enter the 
zone with the permission of the COTP.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pubic Law 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 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 implications 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 this rule 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 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 create an 
environmental risk to health or safety that may disproportionately 
affect children.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' are not 
required for this rule.

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 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T07-108 to read as follows:


Sec.  165.T07-108  Shelter Cove, Hilton Head, SC.

    (a) Location: The Coast Guard is establishing a temporary safety 
zone extending a radius of 1,000 feet around the fireworks barge 
located in Shelter Cove, Hilton Head Island, SC (32[deg]10'55'' N, 
080[deg]( 44' W).
    (b) Regulations: In accordance with the general regulations in 
Sec.  165.23 of this part, anchoring, mooring or transiting in this 
zone is prohibited, except as provided for herein, or unless authorized 
by the Coast Guard Captain of the Port Savannah, GA or his 
representative. Any concerned traffic can contact the representative of 
the Captain of the Port on board U.S. Coast Guard Auxiliary vessel, 
which will be on scene throughout the closure. Traffic

[[Page 40544]]

needing permission to pass through this safety zone can contact the 
representative for the COTP on VHF-FM channel 16 or via phone at (912) 
652-4181.
    (c) Enforcement: This rule will be enforced from 8 p.m. until 10 
p.m. each Tuesday from June 15, 2004, through August 24, 2004, and from 
8 p.m. to 10 p.m. July 4, 2004.

    Dated: June 11, 2004.
D.R. Penberthy,
Commander, U. S. Coast Guard, Acting Captain of the Port Savannah.
[FR Doc. 04-15247 Filed 7-2-04; 8:45 am]
BILLING CODE 4910-15-U