[Federal Register: April 9, 2007 (Volume 72, Number 67)]
[Proposed Rules]
[Page 17456-17458]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap07-26]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-07-029]
RIN 1625-AA08
Special Local Regulation for Marine Events; Roanoke River,
Plymouth, North Carolina
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish special local
regulations during the ``Plymouth Drag Boat Race Series'', a series of
power boat races to be held on the waters of the Roanoke River,
Plymouth, North Carolina. 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 portions of the
Roanoke River adjacent to Plymouth, North Carolina during the power
boat race.
DATES: Comments and related material must reach the Coast Guard on or
before May 9, 2007.
ADDRESSES: You may mail comments and related material to Commander
(dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia, 23704-5004, hand deliver them to room 415 at the same address
between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays, fax them to (757) 391-8149, or e-mail them to
Dennis.M.Sens@uscg.mil. The Inspections and Investigations 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 Federal Building, Fifth Coast Guard District between 9
a.m. and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: CWO Christopher Humphrey, Prevention
Department, Sector North Carolina, at (252) 247-4525 or via e-mail to
Christopher.D.Humphrey@uscg.mil.
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 [CCGD05-07-
029], 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 now 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
The Outboard Drag Boat Association will be sponsoring a series of
seven (7) power boat racing events titled the ``Plymouth Drag Boat
Race''. The power boat races will be held on the following dates: June
24, July 22, August 11, 12, 19, September 30 and October 21, 2007. The
races will be held on the Roanoke River immediately adjacent to
Plymouth, North Carolina. The power boat races will consist of
approximately (30) vessels conducting high speed straight line runs
along the river and parallel with the shoreline. A fleet of spectator
vessels are 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 power boat races.
Discussion of Proposed Rule
The Coast Guard proposes to establish special local regulations on
specified waters of the Roanoke River, in the vicinity of Plymouth, NC.
The regulated area includes a section of the Roanoke River
approximately one mile long and bounded in width by each shoreline,
immediately adjacent to Plymouth, NC. The effect of this regulation
would be to restrict general navigation in the regulated area during
the drag boat races. This special local regulation will be enforced
from 10 a.m. to 8:30 p.m. on June 24, July 22, August 11, 12, 19,
September 30 and October 21, 2007. 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. This regulation
is needed to control vessel traffic during the event to enhance the
safety of 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.
[[Page 17457]]
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
regulation will prevent traffic from transiting a portion of the
Roanoke 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 notification that will be made
to the maritime community via marine information broadcast, 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 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: owners or operators of vessels intending to
transit this section of the Roanoke River from 10 a.m. to 8:30 p.m. on
June 24, July 22, August 11, 12, 19, September 30 and October 21, 2007.
This proposed rule would not have significant economic impact on a
substantial number of small entities for the following reasons.
Although the regulated area will apply to a one mile segment of the
Roanoke River, 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 area between races. 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 (Public Law 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 U.S. Coast Guard Sector North
Carolina, listed at the beginning of this rule. 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 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
[[Page 17458]]
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 and Department of Homeland Security Management Directive
5100.1, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination 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, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (34)(h), of the
instruction, an ``Environmental Analysis Check List'' is not required
for this rule. Comments on this section will be considered before we
make the final decision on whether this rule should be categorically
excluded 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 amends
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.
2. Add temporary Sec. 100.35-T05-029 to read as follows:
Sec. 100.35-T05-029 Roanoke River, Plymouth, North Carolina.
(a) Regulated area. The regulated area includes all waters of
Roanoke River commencing at the north river bank at latitude
350[deg]52'20'' N, longitude 0760[deg]44'47'' W, thence a line 180
degrees due south across the river to the shoreline thence west along
the shoreline to a position located at latitude 35[deg]51'43'' N,
longitude 076[deg]43'45'' W, thence 000 degrees due north across the
river to the shoreline thence east along the shoreline to the point of
origin. 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 shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol.
(ii) Proceed as directed by any official patrol.
(d) Enforcement period. This section will be enforced from 10 a.m.
to 8:30 p.m. on June 24, July 22, August 11, 12, 19, September 30 and
October 21, 2007.
Dated: March 20, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 07-1621 Filed 4-6-07; 8:45 am]
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