[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Rules and Regulations]
[Pages 51936-51938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20920]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-0756]
RIN 1625-AA08
Special Local Regulation for Marine Events; Roanoke River,
Plymouth, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations during the ``East Coast Drag Boat Association Race'', a
power boat race to be held on the waters of the Roanoke River near
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: This rule is effective from 8 a.m. August 28, 2010 through 9
p.m. August 29, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0756 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0756 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; telephone
(252) 247-4528, e-mail [email protected]. If you
[[Page 51937]]
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 immediate action is needed to
minimize potential danger to the public during the event. The necessary
information to determine whether the marine event poses a threat to
persons and vessels was not provided with sufficient time to publish an
NPRM. 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. The danger posed by drag boat racing makes special local
regulations necessary to provide for the safety of 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
On August 28 and 29, 2010 the East Coast Drag Boat Association will
sponsor the ``U.S. Grand Nationals Drag Boat Races'' on the waters of
the Roanoke River near Plymouth, North Carolina. The event will consist
of approximately 50 drag boats racing in heats along a quarter mile
course at a high rate of speed. A fleet of spectator vessels is
anticipated 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 Rule
The Coast Guard is establishing special local regulations on
specified waters of the Roanoke River adjacent to Plymouth, North
Carolina. The regulated area will cover a section of the Roanoke River
bounded in width by each shoreline and approximately one mile long
between approximate positions 35[deg]52'27'' N latitude,
076[deg]44'39'' W longitude and 35[deg]51'55'' N latitude,
076[deg]45'27'' W longitude. The rule will be enforced from 8 a.m.
until 9 p.m. on August 28 and 29, 2010, and would restrict general
navigation in the regulated area during the drag boat race. The Coast
Guard, in its discretion and when practical, would allow the passage of
vessels when races are not taking place. Except for participants and
vessels authorized by the Coast Guard Patrol Commander, no person or
vessel would be allowed to enter or remain in the regulated area during
the enforcement period. These regulations are needed to control vessel
traffic during the events to protect 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.
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 the affected segment of the Roanoke 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 8 a.m. to 9 p.m.,
each day, on August 28 and 29, 2010. 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 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
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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 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. This rule involves implementation of regulations
within 33 CFR Part 100 that apply to organized marine events on the
navigable waters of the United States that may have potential for
negative impact on the safety or other interest of waterway users and
shore side activities in the event area.
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. Add temporary Sec. 100.35-T05-0756 to read as follows:
Sec. 100.35-T05-0756 Roanoke River, Plymouth, North Carolina.
(a) Regulated area. The following is a regulated area: All waters
of the Roanoke River, from surface to bottom, encompassed by lines
commencing at the north river bank at latitude 35[deg]52'27'' N,
longitude 076[deg]44'39'' W, thence 180 degrees due south across the
river to the shoreline, thence west along the shoreline to a position
located at latitude 35[deg]51'55'' N, longitude 076[deg]45'27'' 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 8 a.m.
to 9 p.m. each day on August 28 and 29, 2010.
Dated: August 9, 2010.
Anthony Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2010-20920 Filed 8-23-10; 8:45 am]
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