[Federal Register: June 28, 2005 (Volume 70, Number 123)]
[Proposed Rules]
[Page 37066-37068]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn05-31]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-05-005]
RIN 1625-AA08
Special Local Regulations for Marine Events; Pasquotank River,
Elizabeth City, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes a temporary special local regulation
for ``Elizabeth City Jaycee Offshore Grand Prix'', a power boat race to
be held over the waters of the Pasquotank River adjacent to Elizabeth
City, NC. These special local regulations are necessary to provide for
the safety of life on navigable waters during the event. This action is
intended to restrict vessel traffic in the Pasquotank River during the
event.
DATES: Comments and related material must reach the Coast Guard on or
before July 28, 2005.
ADDRESSES: You may mail comments and related material to Commander
(oax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, hand-deliver them to Room 119 at the same address
between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays, or fax them to (757) 398-6203. The Coast Guard Auxiliary and
Recreational Boating Safety Branch, Fifth Coast Guard District,
maintains the public docket for this rulemaking. Comments and material
received from the public, as well as documents indicated in this
preamble as being available in the docket, will become part of this
docket and will be available for inspection or copying at the above
address between 9 a.m. and 2 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: CWO Morgan Dudley, Marine Events
Coordinator, Coast Guard Group Cape Hatteras, at (252) 247-4571.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-05-
005), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not plan to hold a public meeting. But you may submit a
request for a meeting by writing to the address under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
On September 23, 24 and 25, 2005, the American Power Boat
Association/Super Boats International will sponsor the ``Elizabeth City
Jaycee Offshore Grand Prix'', on the waters of the Pasquotank River at
Elizabeth City, North Carolina. The event will consist of approximately
40 offshore powerboats participating in high-speed competitive races,
to be conducted in heats, traveling counter-clockwise around an oval
race course. A fleet of approximately 250 spectator vessels is expected
to gather nearby to view the competition. Due to the need for vessel
control during the event, vessel traffic will be temporarily restricted
to provide for the safety of participants, spectators and transiting
vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish temporary special local
regulations on specified waters of the Pasquotank River. The temporary
special local regulations will be enforced from 7:30 a.m. to 6:30 p.m.
on September 23, 24 and 25, 2005, and will restrict general navigation
in the regulated area during the event. Except for participants and
vessels authorized by the Coast Guard Patrol Commander, no person or
vessel will be allowed to enter or remain in the regulated area. These
regulations are needed to control vessel traffic during the event to
enhance the safety of
[[Page 37067]]
participants, spectators and transiting vessels.
Regulatory Evaluation
This proposed 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).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this regulation will prevent traffic from transiting a
portion of the Pasquotank River during the event, the effect of this
regulation will not be significant due to the limited duration that the
regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via the Local
Notice to Mariners, marine information broadcasts, and area newspapers,
so mariners can adjust their plans accordingly. Additionally, the
regulated area has been narrowly tailored to impose the least impact on
general navigation yet provide the level of safety deemed necessary.
Vessel traffic will be able to transit the regulated area between
heats, when the Coast Guard Patrol Commander deems it is safe to do so.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This rule will affect the following entities,
some of which may be small entities: The owners or operators of vessels
intending to transit this section of the Pasquotank River during the
event.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for only a short period, from 7:30 a.m. to 6:30
p.m. on September 23, 24, and 25, 2005. Although the regulated area
will apply to a 4 mile segment of the Intracoastal Waterway channel
south of the Elizabeth City Draw Bridge to Pasquotank River Light
``5A'' (LLN 31420), traffic may be allowed to pass through the
regulated area with the permission of the Coast Guard patrol commander.
In the case where the patrol commander authorizes passage through the
regulated area during the event, vessels shall proceed at the minimum
speed necessary to maintain a safe course that minimizes wake near the
race course. Before the enforcement period, we will issue maritime
advisories so mariners can adjust their plans accordingly.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the address listed under
ADDRESSES. The Coast Guard will not retaliate against small entities
that question or complain about this rule or any policy or action of
the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed rule
under that Order and have 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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
[[Page 37068]]
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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, 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)(h), of the Instruction, from further
environmental documentation.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
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 proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233, Department of Homeland Security
Delegation No. 0170.1.
2. Add a temporary Sec. 100.35-T05-005 to read as follows:
Sec. 100.35-T05-005, Pasquotank River, Elizabeth City, NC
(a) Regulated area. The regulated area is established for the
waters of the Pasquotank River, adjacent to Elizabeth City, NC, from
shoreline to shoreline, bounded on the east by a line running northerly
from a point near the shoreline in the vicinity of Brickhouse Point at
latitude 36[deg]15'52'' N, longitude 076[deg]09'22'' W, thence to
latitude 36[deg]17'18'' N, longitude 076[deg]08'47'' W, and bounded on
the west by the Elizabeth City Draw Bridge. All coordinates reference
Datum NAD 1983.
(b) Definitions:
(1) Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the Coast Guard who has been designated by the
Commander, Coast Guard Group Cape Hatteras. Designation of Patrol
Commander will be made by Commander, Coast Guard Sector North Carolina
effective July 29, 2005.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Group Cape Hatteras with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
Assignment and approval of Official Patrol will be made by Commander,
Coast Guard Sector North Carolina effective July 29, 2005.
(c) Regulations:
(1) Except for persons or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in the
regulated area.
(2) The operator of any vessel in the regulated area shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol and then proceed only as directed.
(ii) All persons and vessels shall comply with the instructions of
the Official Patrol.
(iii) The operator of a vessel in the regulated area shall stop the
vessel immediately when instructed to do so by the Official Patrol and
then proceed as directed. When authorized to transit the regulated
area, all vessels shall proceed at the minimum speed necessary to
maintain a safe course that minimizes wake near the race course.
(d) Enforcement period. This section will be enforced from 7:30
a.m. to 6:30 p.m. on September 23, 24 and 25, 2005.
Dated: June 20, 2005.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-12730 Filed 6-27-05; 8:45 am]
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