[Federal Register Volume 63, Number 117 (Thursday, June 18, 1998)]
[Rules and Regulations]
[Pages 33248-33249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16238]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR 165

[COTP Savannah 98-034]
RIN Savannah 98-034]


Safety Zone; Skull Creek, Hilton Head Island, SC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Skull Creek near Hudson's Seafood on Hilton Head Island, South Carolina 
for a fireworks display on July 4, 1998. The zone is needed to protect 
personnel and property associated with the storage, preparation, and 
lauchning of fireworks. Entry into this zone is prohibited unless 
authorized by the Captain of the Port.

DATES: These regulations are effective from 9 p.m. Eastern Daylight 
Time (EDT) to 10 p.m. on July 4, 1998.


[[Page 33249]]


FOR FURTHER INFORMATION CONTACT: LTJG Burt Lahn, Marine Safety Office 
Savannah at Tel: (912) 652-4353, between the hours of 7:30 a.m. and 4 
p.m., Monday through Friday, except holidays.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The events requiring this regulation will be from 9 p.m. EDT to 10 
p.m. on July 4, 1998. The town of Hilton Head Island has scheduled a 
fireworks display for the July 4th Celebration lasting approximately 1 
hour.
    The safety zone is for all waters around the fireworks barge on 
Skull Creek near Hudson's Seafood on Hilton Head Island, South Carolina 
and will encompass a 150 yard radius around the fireworks barge at an 
approximate position of 32 deg.13'09'' N, 80 deg.45'10'' W.
    The Captain of the Port has restricted vessel operations in this 
safety zone. No persons or vessels will be allowed to enter or operate 
within this zone, except as may be authorized by the Captain of the 
Port, Savannah, Georgia. This regulation is issued pursuant to 33 
U.S.C. 1231, as set out in the authority citation of all of part 165.
    In accordance with 5 U.S.C. 553, a notice of proposed rule making 
was not published for this regulation and good cause exists for making 
it effective in less than 30 day after Federal Register publication. 
Publishing an NPRM and delaying its effective date would be contrary to 
the public interest since immediate action is needed to protect 
personnel and property involved, as information regarding the event was 
only recently received.

Regulatory Evaluation

    This temporary 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. It has been exempted from review by the Office of 
Management and Budget 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). The Coast Guard expects the 
economic impact of this rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. This regulatory policies and 
procedures of DOT is unnecessary. This regulation will only be in 
effect for a short period of time, and the impacts on routine 
navigation are expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Cost Guard must consider whether this rule will have a significant 
economic impact of a substantial number of small entities. ``Small 
entities'' include independently owned and operated businesses that are 
not dominant in their field and that otherwise quality as ``small 
business concerns'' under section 3 of the Small Business Act (15 
U.S.C. 632).
    The Coast Guard certifies under section (b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this rule will not have 
significant economic impact upon a substantial number of small entities 
because the regulations will be in effect in a limited area for 
approximately 1 hour.

Collection of Information

    This rule contains no collection of information requirements under 
the Parperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612 and it has been determined 
that this temporary rule does not have sufficient Federalism 
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
action and has determined pursuant to Figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1C that this action is categorically 
excluded from further environmental documentation. A Categorical 
Exclusion Determination and Environmental Analysis Checklist are 
available in the docket for inspection or copying.

List of Subjects in 33 CFR Part 165

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

Temporary Regulations

    In consideration of the foregoing, the Coast Guard amends Subpart C 
of Part 165 of Title 33, Code of Federal Regulations, as follows:

PART 165--[AMENDED]

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A new section Sec. 165.T07-034 is added to read as follows:


Sec. 165.T07-034  Safety Zone; Skull Creek, Hilton Head Island, SC.

    (a) Location: The following area is a safety zone: All waters 
within a 150 yard radius around the fireworks barge at an approximate 
position of 32 deg.13'09'' N, 080 deg.45'10'' W. All coordinates 
referenced use Datum: NAD 83.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into the zone is subject to the 
following requirements:
    (1) This safety zone is closed to all marine traffic, except as may 
be permitted by the Captain of the Port or a representative of the 
Captain of the Port.
    (2) The ``representative of the Captain of the Port'' is any Coast 
Guard commissioned, warrant or petty officer who has been designated by 
the Captain of the Port, Savannah, GA, to act on his behalf. The 
representative of the Captain of the Port will be abroad either a Coast 
Guard or Coast Guard Auxiliary vessel.
    (3) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port or his representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate in the safety zone shall comply with all directions given 
them by the Captain of the Port or his representative.
    (4) The Captain of the Port may be contacted by telephone via the 
Command Duty Officer at (912) 652-4353. Vessels assisting in the 
enforcement of the safety zone may be contacted on VHF-FM channels 16 
or 81. Vessel operators may determine the restrictions in effect for 
the safety zone by coming alongside a vessel patrolling the perimeter 
of the safety zone.
    (5) Coast Guard Group Charleston will issue a Marine Safety 
Information Broadcast Notice to Mariners to notify the maritime 
community to the safety zone and restriction imposed.
    (c) Effective dates. This section is effective from 9 p.m. to 10 
p.m. EDT on July 4, 1998.

    Dated: June 1, 1998.
R.E. Seebald,
U.S. Coast Guard, Captain of the Port, Savannah, Georgia.
[FR Doc. 98-16238 Filed 6-17-98; 8:45 am]
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