[Federal Register: September 2, 2005 (Volume 70, Number 170)]
[Rules and Regulations]
[Page 52305-52307]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se05-11]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations for the ``Elizabeth City Jaycee Offshore Grand Prix'', a
power boat race to be held on 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 power boat race.
DATES: This rule is effective from 7:30 a.m. on September 23, 2005 to
6:30 p.m. on September 25, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket CGD05-05-005 and are available for
inspection or copying at Commander (oax), Fifth Coast Guard District,
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m.
and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager,
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 28, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; Pasquotank
River, Elizabeth City, NC in the Federal Register (70 FR 37066). No
letters were received commenting on the proposed rule. No public
meeting was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30
[[Page 52306]]
days after publication in the Federal Register. Delaying the effective
date would be contrary to the public interest, since immediate action
is needed to ensure the safety of the event participants, spectator
craft and other vessels transiting the event area. However, advance
notifications will be made to mariners via marine information
broadcasts, local radio stations and area newspapers.
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 power boats participating in high-speed competitive races,
to be conducted in heats, traveling counter-clockwise around an oval
racecourse. A fleet of approximately 250 spectator vessels is expected
to gather near the event site to view the competition. To provide for
the safety of participants, spectators and other transiting vessels,
the Coast Guard will temporarily restrict vessel traffic in the event
area during the races.
Discussion of Rule
The Coast Guard is establishing 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. The effect of the temporary special
local regulations will be to restrict general navigation in the
regulated area during the races. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area. Non-participating vessels will
be allowed to transit the regulated area between races, when the Coast
Guard Patrol Commander determines it is safe to do so. These
regulations are needed to control vessel traffic during the event to
enhance the safety of participants, spectators and transiting vessels.
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).
We expect the economic impact of this temporary final rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this regulation prevents 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 marine information
broadcasts, local radio stations 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 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. 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. The Patrol Commander will allow non-participating vessels
to transit the event area between races. Before the enforcement period,
we will issue maritime advisories so mariners can adjust their plans
accordingly.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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.
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 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 rule will not result in such an expenditure, we
do discuss the
[[Page 52307]]
effects of this rule elsewhere in this preamble.
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 will not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
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 and 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. The Administrator of the Office 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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)(h), of the Instruction, from further
environmental documentation. Special local regulations issued in
conjunction with a regatta or marine parade permit are specifically
excluded from further analysis and documentation under those sections.
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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
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.
0
2. From September 23, 2005 to September 25, 2005 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 Sector North Carolina.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector North Carolina with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(c) Special local 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 must:
(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: August 22, 2005.
S.H. Ratti,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District,
Acting.
[FR Doc. 05-17469 Filed 9-1-05; 8:45 am]
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