[Federal Register Volume 60, Number 136 (Monday, July 17, 1995)]
[Rules and Regulations]
[Pages 36356-36357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17493]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD 05-95-037]


Special Local Regulations for Marine Events; Washington Summer 
Festival; Tar River, Washington, NC

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: Special local regulations are being adopted for Washington 
Summer Festival. This special local regulation is necessary to control 
vessel traffic in the immediate vicinity of this event. The effect will 
be to restrict general navigation in the regulated area for the safety 
of spectators and participants.

EFFECTIVE DATE: This regulation is effective from 1 p.m. to 4 p.m. July 
30, 1995.

FOR FURTHER INFORMATION CONTACT: Stephen L. Phillips, Chief, Boating 
Affairs Branch, Boating Safety Division, Fifth Coast Guard District, 
431 Crawford Street, Portsmouth, Virginia 23704-5004 (804) 398-6204, or 
Commander, Coast Guard Group Fort Macon Operations (919) 247-4545.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking has not been published for these regulations and 
good cause exists for making them effective in less than 30 days from 
the date of publication. Adherence to normal rulemaking procedures 
would not have been possible. Specifically, the sponsor's application 
to hold the event was not received in the district office until May 23, 
1995, leaving insufficient time to publish a notice of proposed 
rulemaking in advance of the event.

Drafting Information

    The drafters of this notice are QM2 Gregory C. Garrison, project 
officer, Boating Affairs Branch, Fifth Coast Guard District, and CDR 
C.A. Abel, project attorney, Fifth Coast Guard District Legal Staff.

Background and Purpose

    The Washington Beaufort County Chamber of Commerce submitted an 

[[Page 36357]]
    application to hold the Washington Summer Festival on July 30, 1955, on 
the Tar River. The event consists of a water ski show involving 
approximately four ski boats. The boats will make several passes in 
both directions with different skiing formations.

Discussion of Regulations

    These regulations are necessary to control spectator craft and 
provide for the safety of life and property on navigable waters during 
the event. Since the main channel will not be closed for an extended 
period of time, commercial traffic should no be severely disrupted.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a fully Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This regulation will only be in effect for three hours, 
and the impacts on routine navigation are expected to be minimal.

Small Entities

    Because it expects the impact of this rule to be minimal, 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.

Federalism Assessment

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the final rule does not raised sufficient federalism implications 
to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard considered the environmental impact of this 
proposal, and consistent with Section 2.B of Commandant Instruction 
M16475.1B has conducted an environmental assessment of the proposed 
action, and has determined that the actions to be taken under this 
regulation will have no significant impact on the environment.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), reporting and recordkeeping 
requirements, waterways.
    Proposed Regulations: In consideration of the foregoing, Part 100 
of Title 33, Code of Federal Regulations is amended as follows:

PART 100--[AMENDED]

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 1090.35.

    2. A temporary Section 100.35-537 is added to read as follows:


Sec. 100.35T05-037  Tar River, Washington, North Carolina.

    (a) Regulated area: The waters of the Tar River bounded to the 
North by the Highway 17 Bridge, center point at latitude 35 deg.32'33'' 
North, longitude 77 deg.03'42'' West; and bounded to the South by the 
Tar River Railroad Bridge, center point at latitude 35 deg.32'08'' 
North, longitude 77 deg.03'12'' West. [NAD 83]
    (b) Definitions: Coast Guard Patrol Commander. The Coast Guard 
Patrol Commander is any commissioned, warrant, or petty officer of the 
Coast Guard who has been designated by the Commander, Coast Guard Group 
Fort Macon to act on his behalf.
    (c) Special Local Regulations:
    (1) Except for participants of Washington Summer Festival and 
vessels authorized by the Coast Guard Patrol Commander, no person or 
vessel may enter or remain in the regulated area without the permission 
of the Patrol Commander.
    (2) The operator of any vessel in this area shall:
    (i) Stop the vessel immediately when directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a Coast Guard ensign.
    (d) Effective dates: This section is effective from 1 p.m. to 4 
p.m. July 30, 1995.

    Dated: June 14, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 95-17493 Filed 7-14-95; 8:45 am]
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