30316 Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Rules and Regulations

point at Quick Point, position 27°20′18′′

N, 082°34′36′′ W. All coordinates

referenced use datum: NAD 83.

(b) Special local regulations. (1) In

accordance with these regulations, the

regulated area is designated as a ‘‘no

wake’’ zone. Spectator craft are

permitted into the area, but are

prohibited from entering the race course

areas described in (b)(2) of this section.

(2) Inside the ‘‘no wake’’ zone are two

designated areas surrounding the

primary and alternate race courses.

Primary course ‘‘A’’ is bounded by a

line connecting the northeast corner

point at position 27°22′10′′ N,

082°36′09′′ W, a southeast corner point

at position 27°21′31′′ N, 082°35′37′′ W,

a southwest corner point at position

27°21′27′′ N, 082°35′48′′ W, and a

northwest corner point at position

27°22′05′′ N, 082°36′16′′ W. Alternate

course ‘‘B’’ is bounded by a line

connecting the northeast corner point at

position 27°23′11′′ N, 082°34′31′′ W, a

southeast corner point at position

27°22′35′′ N, 082°34′03′′ W, a southwest

corner point at position 27°22′31′′ N,

082°34′08′′ W, and a northwest corner

point at position 27°23′09′′ N,

082°34′38′′ W. All coordinates

referenced use datum: NAD 83.

(3) Entry into the regulated area shall

be in accordance with this regulation.

(c) Effective Dates. This rule is

effective 8 a.m. June 29, 2001 until 1

p.m. June 29, 2001.

Dated: May 24, 2001.

G.W. Sutton,

Captain U.S. Coast Guard, Commander,

Seventh Coast Guard District Acting.

[FR Doc. 01–14229 Filed 6–5–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–01–040]

RIN 2115–AE46

Special Local Regulations; Harbour

Town Fireworks Display, Calibogue

Sound, Hilton Head, SC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Temporary special local

regulations are being established for the

Harbour Town Fireworks Display,

Calibogue Sound, Hilton Head, SC. The

event will be held in the Calibogue

Sound, Hilton Head, SC. The

regulations are needed to provide for the

safety of life on navigable waters during

the event.

DATES: This rule is effective from 8:30

p.m. to 10:15 p.m. on July 4 and July 5,

2001.

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

[CGD07–01–040] 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: ENS

Bill Walsh, Coast Guard Group

Charleston at (843) 724–7600 x203.

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 would be unnecessary and

contrary to national safety interests

since immediate action is needed to

minimize potential danger to the public

because there will be numerous

spectator craft in the area.

Background and Purpose

These regulations are required to

provide for the safety of life on

navigable waters because of the inherent

danger of fireworks being launched near

spectator vessels during the Harbour

Town Display, Calibogue Sound, Hilton

Head, SC. The regulations prohibit

vessels from coming within 1000 feet of

the fireworks barge which will be

located at approximate position 32

08.2′N, 080 49.2′W.

Regulatory Evaluation

This 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. 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).

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, 2001. 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 rule will be in effect for

only 1 hour and 45 minutes.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pubic Law 104–

221), we offer to assist small entities in

understanding the rule so that they

could 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

We have analyzed this rule under

Executive Order 13132 and have

determined that this rule does not have

implications for federalism under that

order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Rules and Regulations 30317

Government’s having first provided the

funds to pay those unfunded mandate

costs. This rule will not impose an

unfunded mandate.

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 concern 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 M16475.1C, 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.

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—[AMENDED]

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46; 33

CFR 100.35.

2. Temporary § 100.35T–07–040 is

added to read as follows:

§ 100.35T–07–040, Temporary Special

Local Regulation, Calibogue Sound, Harbor

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 1000 foot radius of a fireworks

launch area on a barge in approximate

position 32 08.2′N, 080 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 other than

event participants is prohibited, unless

otherwise authorized by the Patrol

Commander. Spectator craft are required

to remain in a spectator area to be

established by the event sponsor The

Club Group, LTD.

(d) Dates: These regulations are

effective from 8:30 p.m. to 10:15 p.m.

local time on July 4, 2001. If event is

postponed they are effective from 8:30

p.m. to 10:15 p.m. on July 5, 2001.

Dated: May 24, 2001.

G.W. Sutton,

Captain, U.S. Coast Guard, Commander,

Seventh Coast Guard District, Acting.

[FR Doc. 01–14228 Filed 6–5–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–01–078]

RIN 2115–AA97

Safety Zone: Fireworks Display, Kill

Van Kull, Staten Island, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

a fireworks display located on the Kill

Van Kull. This action is necessary to

provide for the safety of life on

navigable waters during the event. This

action is intended to restrict vessel

traffic in a portion of the Kill Van Kull.

DATES: This rule is effective from 9 p.m.

until 11:59 p.m. on June 24, 2001.

ADDRESSES: Documents indicated in this

preamble as being available in the

docket, are part of docket (CGD01–01–

078) and are available for inspection or

copying at Coast Guard Activities New

York, 212 Coast Guard Drive, room 204,

Staten Island, New York 10305, between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant M. Day, Waterways

Oversight Branch, Coast Guard

Activities New York (718) 354–4012.

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. Good

cause exists for not publishing an NPRM

due to the date the Application for

Approval of Marine Event was received,

there was insufficient time to draft and

publish an NPRM. Further, it is a local

event with minimal impact on the

waterway, vessels may still transit

through the northern 195 yards of the

390-yard wide Kill Van Kull during the

event, the zone is only in effect for 3

hours and vessels can be given

permission to transit the zone except for

about 20 minutes during this time.

Additionally, vessels would not be

precluded from mooring at or getting

underway from commercial or

recreational piers in the vicinity of the

zone. Any delay encountered in this

regulation’s effective date would be

unnecessary and contrary to public

interest since immediate action is

needed to close a portion of the

waterway and protect the maritime

public from the hazards associated with

this fireworks display.

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. This is due to the following

reasons: It is a local event with minimal

impact on the waterway, vessels may

still transit through the northern 195

yards of the 390-yard wide Kill Van Kull

during the event, the zone is only in

effect for 3 hours and vessels can be

given permission to transit the zone

except for about 20 minutes during this

time. Additionally, vessels would not be

precluded from mooring at or getting

underway from commercial or

recreational piers in the vicinity of the

zone.

Background and Purpose

The Coast Guard has received an

application to hold a fireworks program

on the waters of the Kill Van Kull. This

regulation establishes a safety zone in

all waters of the Kill Van Kull within a

180-yard radius of the fireworks barge in

approximate position 40°38′58.4′′N,

074°04′41.0′′W (NAD 1983), about 280