[Federal Register Volume 71, Number 120 (Thursday, June 22, 2006)]
[Rules and Regulations]
[Pages 35800-35801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9867]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Charleston 06-110]
RIN 1625-AA00


Fireworks Safety Zone; Shelter Cove, Hilton Head, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Shelter Cove for a fireworks display. The temporary 
safety zone extends 800 feet in all directions from a barge located in 
Shelter Cove, Hilton Head, South Carolina in approximate position 
32[deg]11.009' N 080[deg]43.695' W. This rule prohibits entry, 
anchoring, mooring or transiting within the safety zone without the 
permission of the Captain of the Port Charleston or his designated 
representative. This regulation is necessary to protect life and 
property on the navigable waters of Shelter Cove due to the hazards 
associated with the launching of fireworks

DATES: The rule is effective from June 6, 2006 through August 22, 2006. 
Fireworks displays will be held from 8:30 p.m. to 10 p.m. on each 
Tuesday between those dates.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP Charleston 06-110] and are 
available for inspection or copying at Coast Guard Sector Charleston 
(WWM), 196 Tradd Street, Charleston, South Carolina 29401 between 7:30 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer James J. McHugh, 
Sector Charleston Office of Waterways Management, at (843) 723-7647.

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, which 
would incorporate a comment period before a final rule could be issued 
and delay the effective date, would be contrary to the public interest 
because immediate action is needed to protect the public and waters of 
the United States.
    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

    During the tourist season, between June and August, the Shelter 
Cover Marina, on Hilton Head Island S.C., will host Harbour Fest each 
Tuesday between 6 p.m. and 9:30 p.m., featuring a fireworks display at 
the end of the evening. These fireworks will be launched from a barge 
in the Harbor, and this safety zone is necessary to ensure the safety 
of vessels and persons in this area.

Discussion of Rule

    This rule creates a temporary safety zone 800 feet around a 
fireworks barge on Upper Broad Creek, Hilton Head, S.C., in approximate 
position 32[deg]11.009' N 080[deg]43.695' W. This safety zone will be 
in effect from 8:30 p.m. on June 6, 2006, through 10 p.m. on August 22, 
2006. However, the safety zone will only be enforced from 8:30 p.m. 
until 10 p.m. each Tuesday from June 6 through August 22, 2006. A 
Safety patrol vessel will be on scene for the duration of the effective 
period to notify mariners of the restrictions. Persons and vessels will 
be prohibited from entering, anchoring, mooring or transiting within 
the safety zone without the permission of the Captain of the Port 
Charleston or a designated representative. Any concerned traffic may 
request permission to pass through the safety zone from the COTP or a 
designated representative on VHF-FM channel 16 or via phone at (843) 
724-7616.

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. We expect the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation is unnecessary. 
The regulation will only be in effect for a short duration, the impact 
on routine navigation is expected to be minimal, marine traffic will 
still be able to safely transit around the temporary safety zone and 
vessels may be allowed to enter the zone with the permission of the 
COTP or his designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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. The owners and operators of vessels navigating in the 
vicinity of the Upper Cooper River may be impacted by this rule. This 
impact will not be significant because the regulation will only be in 
effect for a short duration, the impact on routine navigation is 
expected to be minimal, marine traffic will still be able to safely 
transit around the temporary safety zone and vessels may be allowed to 
enter the zone with the permission of the COTP or his designated 
representative.

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 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.
    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

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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. Though 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 risk to safety that may 
disproportionately affect children.

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

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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 available in the 
docket where indicated under ADDRESSES.

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; Public Law 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. A new temporary Sec.  165.T07-110 is added to read as follows:


Sec.  165.T07-110  Fireworks Safety Zone; Shelter Cove, Hilton Head, 
SC.

    (a) Regulated area: The Coast Guard is establishing a temporary 
safety zone on the navigable waters of the Upper Broad Creek for a 
fireworks display. The temporary safety zone covers all waters from 
surface to bottom and extends 800 feet in all directions from the 
fireworks launch barges located on the Upper Broad Creek, Hilton Head, 
SC in approximate position 32[deg]11.009' N 080[deg]43.695' W.
    (b) Definitions. The following definitions apply to this section:
    Designated representative means Coast Guard Patrol Commanders 
including Coat Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and federal, state, and local officers 
designated by or assisting the Captain of the Port Charleston (COTP) in 
the enforcement of the regulated area.
    (c) 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 Charleston, South Carolina or 
his designated representative. Persons and vessels may request 
permission to enter the safety zone on VHF-FM channel 16 or via phone 
at (843) 724-7616.
    (d) Enforcement Period. This regulated area will be enforced from 
8:30 p.m. until 10 p.m. each Tuesday between June 6 and August 22, 
2006.
    (e) Dates. This rule is effective from 8:30 p.m. on June 6 until 10 
p.m. on August 22, 2006.

    Dated: May 23, 2006.
John E. Cameron,
Captain, U.S. Coast Guard, Captain of the Port Charleston, SC.
[FR Doc. E6-9867 Filed 6-21-06; 8:45 am]
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