[Federal Register Volume 75, Number 103 (Friday, May 28, 2010)]
[Rules and Regulations]
[Pages 29889-29891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12842]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-0363]
RIN 1625-AA08
Special Local Regulation for Marine Event; 2010 International Cup
Regatta, Pasquotank River, Elizabeth City, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the enforcement period
of special local regulations for a recurring marine event involving
power boat races in the Fifth Coast Guard District. This action is
intended to restrict vessel traffic in a portion of the Pasquotank
River, near Elizabeth City, NC, during the 2010 International Cup
Regatta. Special local regulations are necessary to provide for the
safety of life on navigable waters during the event.
DATES: This rule is effective from June 4 through June 6, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0363 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0363 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Petty Officer Kevin Ouyoumjian,
Prevention Department, Coast Guard Sector North Carolina, Atlantic
Beach, NC; telephone 252-247-4528, e-mail [email protected].
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 the potential dangers posed by vessel
traffic operating in close proximity to high speed power boats makes
special local regulations necessary to provide for the safety of
participants, event support vessels, spectator craft and other vessels.
Delaying the effective date would be contrary to the public interest,
since immediate action is needed to ensure the safety of the event
participants, patrol vessels, spectator craft and other vessels
transiting the event area. For these reasons, it is in the public
interest to have these regulations in effect during the event. The
Coast Guard will issue broadcast notice to mariners to advise vessel
operators of navigational restrictions. On scene Coast Guard and local
law enforcement vessels will also provide actual notice to mariners.
For the same reasons, the Coast Guard also finds under 5 U.S.C.
553(d)(3) that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register.
Basis and Purpose
This regulation temporarily changes the enforcement period of
special local regulations for a recurring marine event in 33 CFR
100.501 and 33 CFR Table to Sec. 100.501, No. 54. On June 5 and 6,
2010, Carolina Cup Regatta, Inc. will sponsor the 2010 International
Cup Regatta hydroplane races on the waters of the Pasquotank River
adjacent to Elizabeth City, North Carolina. The event will consist of
approximately 75 hydroplane powerboats conducting high-speed
competitive races on the Pasquotank River from shoreline to shoreline
in the vicinity of the Elizabeth City Waterfront, Elizabeth City, North
Carolina. A fleet of spectator vessels is expected to gather near the
event site to view the competition.
The regulation at 33 CFR 100.501 and 33 CFR Table to 100.501 is
effective annually for this marine event on the second Saturday and
Sunday of June, which is June 12 and 13 this year. Because the dates of
the event this year differ from the effective dates in the CFR, this
rule temporarily changes the effective dates of the existing
regulation. To provide for the safety of participants, spectators,
support and transiting vessels, the Coast Guard will temporarily
restrict vessel traffic in the event area during the hydroplane races.
The existing regulation in the CFR will be enforced for the duration of
the event this year on June 5 and 6 instead of June 12 and 13.
Discussion of Rule
The Coast Guard is temporarily changing the effective dates of
special local regulations, in 33 CFR Table to 100.501, No. 54, for the
2010 International Cup Regatta from ``June--2nd Saturday and Sunday''
to ``June--1st Saturday and Sunday'' because the regatta will be held
on the latter dates this year. The temporary special local regulations
in 33 CFR 100.501 will be enforced from 9 a.m. to 6:30 p.m. on June 5
and June 6, 2010, and will restrict general navigation in the regulated
area described in 33 CFR Table to 100.501, No. 54. The name of the
event has also changed this year from the Carolina Cup Regatta to the
2010 International Cup Regatta, and the event sponsor's name has
changed from the Virginia Boat Racing Association to Carolina Cup
Regatta, Inc. 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
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.
Although this rule 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
[[Page 29890]]
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, this
rulemaking does not change the permanent regulated areas that have been
published in 33 CFR 100.501, Table to Sec. 100.501. In some cases
vessel traffic may be able to transit the regulated area 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 would affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in the Pasquotank River in the regulated area.
This regulation will not have a significant impact on a substantial
number of small entities because it will be enforced only in a limited
area for a short duration. The Captain of the Port will ensure that
small entities are able to operate in the areas where events are
occurring when it is safe to do so. In some cases, vessels will be able
to safely transit around the regulated area and, with the permission of
the Patrol Commander, vessels may transit through the regulated area.
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 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 (adjusted for
inflation) 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 cause 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 023-01 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
this action is one of a
[[Page 29891]]
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule is categorically
excluded, under figure 2-1, paragraph (34)(h), of the Instruction
because the rule involves promulgation of special local regulations
issued in conjunction with a regatta or marine parade.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
environmental analysis checklist 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.
0
2. Effective from June 4 through June 6, 2010, in Sec. 100.501, Table
to Sec. 100.501, suspend line No. 54 and add Line No. 58 to read as
follows:
Sec. 100.501 Special Local Regulations; Marine Events in the Fifth
Coast Guard District.
* * * * *
Table To Sec. 100.501.--All Coordinates Listed in the Table to
Sec. 100.501 Reference Datum NAD 1983.
Coast Guard Sector Delaware Bay--COTP Zone
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Number Date Event Sponsor Location
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* * * * * * *
58............. June 4-6, 2010............. 2010 International Carolina Cup The waters of the
Cup Regatta. Regatta, Inc. Pasquotank River,
adjacent to Elizabeth
City, NC, from
shoreline to shoreline,
bounded on the west by
the Elizabeth City Draw
Bridge and bounded on
the east by a line
originating at a point
along the shoreline at
latitude 36[deg]17'54''
N, longitude
076[deg]12'00'' W,
thence southwesterly to
latitude 36[deg]17'35''
N, longitude
076[deg]12'18'' W at
Cottage Point.
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Dated: May 11, 2010.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2010-12842 Filed 5-27-10; 8:45 am]
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