[Federal Register Volume 66, Number 111 (Friday, June 8, 2001)]
[Rules and Regulations]
[Pages 30805-30806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14498]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-01-046]
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 adopted for the 
Skull Creek July 4th celebration Fireworks Display, Skull Creek, Hilton 
Head, SC. These regulations are needed to provide for the safety of 
life on navigable waters during the event.

DATES: This rule becomes effective at 8:30 p.m. and terminates at 10:30 
p.m. on July 4, 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 [CGD07-01-046] 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 
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.
    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

    These regulations are required to provide for the safety of life on 
navigable waters because of the inherent danger of fireworks during 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 
13.95' N, 080 45.1' W, offshore from Hudsons Seafood. This rule creates 
a regulated area that will prohibit non-participating vessels from 
entering the regulated area during the event.

Regulatory Evaluation

    This regulation 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). The regulated area will only be in effect for 
approximately 2 hours.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612) we 
considered whether this rulemaking will have a significant economic 
impact on a substantial number of small entities. Small entities 
include small business, not-for-profit organizations that are 
independently owned and operated and are not dominant under their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    This rule will 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 intercoastal waterway 
from 8:30 p.m. to 10:30 p.m., 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 only be in effect for 2 hours.

Assistance for Small Entities

    Under section 213 (a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public 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-GAIR (1-888-734-3247)

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (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 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 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 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

[[Page 30806]]

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--MARINE EVENTS

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233 through 1236, 49 CFR 1.46, and 33 CFR 
100.35.


    2. Add temporary Sec. 100.35T-07-046 to read as follows:


Sec. 100.35T-07-046  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 an area within a 500 foot 
radius from position 32 13.95'N, 080 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, 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 become effective at 8:30 p.m. and 
terminate at 10:30 p.m. on July 4, 2001.

    Dated: May 31, 2001.
T.W. Allen,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 01-14498 Filed 6-7-01; 8:45 am]
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