[Federal Register: July 6, 2004 (Volume 69, Number 128)]
[Rules and Regulations]
[Page 40542-40544]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy04-7]
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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.
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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]
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