[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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