[Federal Register Volume 63, Number 247 (Thursday, December 24, 1998)]
[Rules and Regulations]
[Pages 71219-71220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34133]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-98-106]
RIN 2115-AE46
Special Local Regulations for Marine Events; Cape Fear River,
Wilmington, North Carolina
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Temporary special local regulations are being adopted for the
marine event ``Countdown on the Cape Fear,'' a fireworks display to be
held on the waters of the Cape Fear River, Wilmington, North Carolina.
These special local regulations are 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 transiting vessels.
EFFECTIVE DATE: This regulation is effective from 11:30 p.m. on
December 31, 1998 to 12:30 a.m. on January 1, 1999.
FOR FURTHER INFORMATION CONTACT:
Petty Officer Matheny, Marine Events Coordinator, Commander, Coast
Guard Group Fort Macon, Atlantic Beach, North Carolina 28512-0237,
telephone number (252) 247-2570.
SUPPLEMENTARY INFORMATION:
Regulatory History
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
was not published for this regulation and good cause exists for making
it effective in less than 30 days from the date of publication.
Following normal rulemaking procedures would have been impractical. The
request to hold this event was not received until November 20, 1998.
Publishing a notice of proposed rulemaking and delaying its effective
date would be contrary to safety interests, since immediate action is
needed to minimize potential danger to spectator craft and other vessel
traffic transiting the event area.
Background and Purpose
On December 31, 1998, the City of Wilmington will sponsor the
``Countdown on the Cape Fear.'' The event will consist of a fireworks
display fired from the USS North Carolina on the waters of the Cape
Fear River, Wilmington, North Carolina. These temporary special local
regulations are necessary to provide for the safety of life and
property on navigable waters during the event.
Discussion of Regulations
The Coast Guard will establish temporary special local regulations
on specified waters of the Cape Fear River. The regulated area will be
approximately 800 yards long centered along the position of the USS
North Carolina Memorial. The temporary special local regulations will
be effective from 11:30 p.m. on December 31, 1998 to 12:30 a.m. on
January 1, 1999, and will restrict general navigation in the regulated
area during the event. Except for persons or vessels authorized by the
Coast Guard Patrol
[[Page 71220]]
Commander, no person or vessel may enter or remain in the regulated
area.
Regulatory Evaluation
This rule 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
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
Since the regulations will only be in effect for one hour, the impacts
on routine navigation are expected to be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard must consider whether this rule will have a significant economic
impact on a substantial number of small entities. ``Small entities''
include independently owned and operated small businesses that are not
dominant in their field and that otherwise qualify as ``small business
concerns'' under section 3 of the Small Business Act (15 U.S.C. 632).
Because it expects the impact of this rule to be minimal, the Coast
Guard certifies under 5 U.S.C. 605(b) that this temporary final rule
will not have a significant economic impact on a substantial number of
small entities.
Collection of Information
These regulations contain no collection of information requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under figure 2-1, paragraph (34)(h) of COMDTINST
M16475.1C, this rule is categorically excluded from further
environmental documentation. Special local regulations issued in
conjunction with a regatta or marine parade are excluded under that
authority.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Temporary 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 100.35.
2. A temporary section 100.35-T05-106 is added to read as follows:
Sec. 100.35-T05-106 Cape Fear River, Wilmington, North Carolina.
(a) Definitions:
(1) Regulated Area. The waters of the Cape Fear River from
shoreline to shoreline, bounded on the north by a line drawn along
latitude 34 deg.14.4' North and bounded on the south by a line drawn
along latitude 34 deg.14.0' North. All coordinates reference Datum NAD
1983.
(2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the Coast Guard who has
been designated by the Commander, Coast Guard Group Fort Macon.
(b) 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 this area shall:
(i) Stop the vessel immediately when directed to do so by any
official patrol, including any commissioned, warrant, or petty officer
on board a vessel displaying a Coast Guard ensign.
(ii) Proceed as directed by any official patrol, including any
commissioned, warrant, or petty officer on board a vessel displaying a
Coast Guard ensign.
(c) Effective Dates. This temporary final rule is effective from
11:30 p.m. on December 31, 1998 to 12:30 a.m. on January 1, 1999.
Dated: December 8, 1998.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 98-34133 Filed 12-23-98; 8:45 am]
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