[Federal Register: August 14, 2008 (Volume 73, Number 158)]
[Rules and Regulations]
[Page 47531-47534]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au08-4]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-0789]
RIN 1625-AA08
Special Local Regulation; Cape Fear Dragon Boat Festival,
Wilmington, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Cape Fear Dragon Boat Festival will take place on the Cape
Fear River in Wilmington, North Carolina on September 27, 2008. This
event will consist of four 45 foot long Dragon boats racing a 250 meter
course.
DATES: This rule is effective from 8 a.m. to 6 p.m. on September 27,
2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0789 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: the Docket Management Facility (M-30), U.S.
Department of
[[Page 47532]]
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays, and at Commander, Coast
Guard Sector North Carolina, 2301 East Fort Macon Rd., Atlantic Beach,
North Carolina 28512 between 8 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call the Marine Event Coordinator at Coast Guard Sector
North Carolina, C. D. Humphrey at (252) 247-4570. If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because a delay in publication would be
contrary to the public interest since immediate action is needed to
protect the maritime public during the event. In order to ensure the
safety of life on navigable waters during this event, the Coast Guard
is establishing a special local regulation. The Coast Guard will issue
a broadcast notice to mariners to advise mariners of the restriction
and on scene Coast Guard and Coast Guard Auxiliary vessels will also
provide additional notice to mariners.
Background and Purpose
On September 27, 2008, the Cape Fear Dragon Boat Club will sponsor
the ``Cape Fear River Dragon Boat Festival.'' This festival will
include four 45 foot long Dragon Boats racing a straight line course
250 meters in length. The races will take place on the Cape Fear River
in front of the Wilmington River Walk, approximately 0.5 nautical miles
north of the Cape Fear River Memorial Bridge. 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 a special local regulation on
specified waters of the Cape Fear River, Wilmington, North Carolina.
The special local regulation includes all waters from shoreline to
shoreline, bound by the following position latitude 34[deg]14'24'' N,
longitude 77[deg]57'08'' W thence south along the east bank of the
river to latitude 34[deg]14'00'' N, longitude 77[deg]56'58'' W, thence
west to latitude 34[deg]14'00'' N, longitude 77[deg]57'05'' W, thence
north along the west bank to latitude 34[deg]14'24'' N, longitude
77[deg]57'21'' W, thence east back to the point of origin. All
coordinates reference Datum NAD 1983. The special local regulation will
be in effect from 8 a.m. to 6 p.m. on September 27, 2008. The effect
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 during the enforcement period. The Patrol Commander will
notify the public of specific enforcement times by Marine Radio Safety
Broadcast. These regulations are needed to control vessel traffic
during the event to enhance the safety of participants, spectators and
transiting vessels.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
regulation prevents traffic from transiting a portion of the Cape Fear
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. Extensive advance notification 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 the maritime public yet provide the level of safety
deemed necessary. Vessel traffic will be able to transit the regulated
area between races, 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 Cape Fear River from 8 a.m. to 6 p.m. on September
27, 2008. This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons:
(i) Although the regulated area will apply to the section of the
Cape Fear River approximately 0.5 nautical miles north of the Cape Fear
Memorial Bridge, traffic may be allowed to pass through the regulated
area with the permission of the Coast Guard Patrol Commander;
(ii) the Patrol Commander will allow non-participating vessels to
transit the event area between races;
(iii) the minimal size of the zone; and
(iv) before the enforcement period, the Coast Guard 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 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 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
[[Page 47533]]
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). 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 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 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 does 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 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 Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
under the Instruction 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 Checklist'' and a ``Categorical Exclusion
Determination'' are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
0
Accordingly, the Coast Guard temporarily 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.
0
2. Add a temporary Sec. 100.35T-05-0789 to read as follows:
Sec. 100.35T-05-0789 Special Local Regulation, Cape Fear Dragon Boat
Festival.
(a) Regulated area. All waters of the Cape Fear River, adjacent to
Wilmington, North Carolina, approximately 0.5 nautical miles north of
the Cape Fear Memorial Bridge, starting from position latitude
34[deg]14'24'' N, longitude 77[deg]57'08'' W thence south along the
east bank of the river to latitude 34[deg]14'00'' N, longitude
77[deg]56'58'' W, thence west to latitude 34[deg]14'00'' N, longitude
77[deg]57'05'' W, thence north along the west bank to latitude
34[deg]14'24'' N, longitude 77[deg]57'21'' W, thence east back 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 person or 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.
(3) Participant includes all vessels participating in the ``Cape
Fear Dragon Boat Festival'' under the auspices of the Marine Event
Permit issued to the event sponsor and approved by Commander, Coast
Guard Sector North Carolina.
(c) Special local regulations. (1) Except for persons or vessels
authorized
[[Page 47534]]
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 instructed to do so by the
Official Patrol and then proceed as directed.
(ii) All persons and vessels shall comply with the instructions of
the Official Patrol.
(iii) 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 effective from 8 a.m.
to 6 p.m. on September 27, 2008.
Dated: August 4, 2008.
F.M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, District Five Commander.
[FR Doc. E8-18789 Filed 8-13-08; 8:45 am]
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