[Federal Register Volume 64, Number 180 (Friday, September 17, 1999)]
[Rules and Regulations]
[Pages 50448-50449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24255]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-99-079]
RIN 2115-AE46


Special Local Regulations for Marine Events; Neuse River Bridge 
Dedication Fireworks Display, Neuse River, New Bern, North Carolina

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Temporary special local regulations are being adopted for the 
Neuse River Bridge Dedication Fireworks Display, to be held September 
17, 1999, over the waters of the Neuse River, New Bern, North Carolina. 
These regulations are needed to protect spectator craft and other 
vessels transiting the event area from the dangers associated with the 
event. This action is intended to enhance the safety of life and 
property during the event.

DATES: This temporary final rule is effective from 7:45 p.m. to 9:15 
p.m. EDT (Eastern Daylight Time) on September 17, 1999 and September 
18, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Commander (Aoax), Fifth Coast Guard District, 
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9:30 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (757) 398-6204.

FOR FURTHER INFORMATION CONTACT: S.L. Phillips, Marine Events 
Coordinator, Commander (Aoax), Fifth Coast Guard District, 431 Crawford 
Street, Portsmouth, Virginia 23704-5004, telephone number (757) 398-
6204.

SUPPLEMENTARY INFORMATION:

Regulatory History

    A notice of proposed rulemaking (NPRM) was not published for this 
regulation. In keeping with 5 U.S.C. 553(B), the Coast Guard finds that 
good cause exists for not publishing a NPRM. In keeping with the 
requirements of 5 U.S.C. 553(d)(3), the Coast Guard also finds that 
good cause exists for making this regulation effective less than 30 
days after publication in the Federal Register. The Coast Guard 
received confirmation of this request for special local regulations on 
August 5, 1999. There were not sufficient time to publish a proposed 
rule in advance of the event. Publishing a NPRM and delaying the 
effective date of the regulation would be contrary to the public 
interest, because immediate action is needed to protect vessel traffic 
from the potential hazards associated with this event.

Background and Purpose

    The City of New Bern will sponsor the Neuse River Bridge Dedication 
fireworks display, to be held over the waters of the Neuse River, New 
Bern, North Carolina. The event will consist of pyrotechnic displays 
fired from a barge positioned in the Neuse River. A large fleet of 
spectator vessels is anticipated. Due to the need for vessel control 
during the fireworks displays, vessel traffic will be temporarily 
restricted to provide for the safety of spectators and transiting 
vessels.

Discussion of Regulations

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Neuse River. The temporary special local 
regulations will be in effect from 7:45 p.m. to 9:15 p.m. EDT on 
September 17, 1999 and will restrict general navigation in the 
regulated areas during the event. If the event is postponed due to 
weather conditions, the temporary special local regulations will be 
effective from 7:45 p.m. to 9:15 p.m. EDT on September 18, 1999. Except 
for persons or vessels authorized by the Coast Guard Patrol Commander, 
no person or vessel may enter or remain in the regulated area. These 
regulations are needed to control vessel traffic during the fireworks 
display to enhance the safety of spectators and transiting vessels.

Regulatory Evaluation

    This temporary final 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 temporary final 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. 
This conclusion is based on the fact that the regulated area will only 
be in effect for a short period of time and extensive advisories will 
be made to the affected maritime community so that they may adjust 
their schedules accordingly.

[[Page 50449]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this temporary final rule will have a 
significant economic impact on a substantial number of small entities. 
Small Entities include 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.
    Because this temporary final rule will only be in effect for a 
short period of time and extensive advisories will be made to the 
affected maritime community so that they may adjust their schedules 
accordingly, the Coast Guard expects the impact of this temporary final 
rule to be minimal.
    Therefore, the Coast Guard certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary 
final rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This temporary final rule does not provide for a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Federalism

    The Coast Guard has analyzed this temporary final 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 
temporary final rule and concluded that, under figure 2-1, paragraph 
(34)(h) of Commandant Instruction M16475.1C, this rule is categorically 
excluded from further environmental documentation. Special local 
regulations issued in conjunction with a marine event are excluded 
under that authority.

List of Subjects in 33 CFR Part 100

    Marine Safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

Regulation

    In consideration of 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 ad 
follows:

    Authority: 33 U.S.C 1233 through 1236; 49 CFR 1.46 and 33 CFR 
100.35.

    2. A temporary section, Sec. 100.35-T05-079 is added to read as 
follows:


Sec. 100.35-T05-079  Neuse River Bridge Dedication Fireworks Display, 
Neuse River, New Bern, North Carolina.

    (a) Regulated Area. The waters of the Neuse River enclosed within 
the arc of a circle with a radius of 150 yards and with its center 
located at latitude 35 deg.06'00'' North, longitude 077 deg.02'00'' 
West. All coordinates reference Datum NAD 1983.
    (b) 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.
    (c) Special Local Regulations. (1) All persons and vessels not 
authorized as official patrol vessels are considered spectators. The 
``official patrol'' consists of any Coast Guard, public, state, county 
or local law enforcement vessels assigned and/or approved by Commander, 
Coast Guard Group Fort Macon.
    (2) Except for person or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (3) The operator of any vessel in this area shall:
    (i) Stop the vessel immediately when directed to do so by the 
official patrol, including any commissioned, warrant, or petty officer 
on board a vessel displaying a Coast Guard ensign.
    (ii) Proceed as directed by the official patrol, including any 
commissioned, warranted, or petty officer on board a vessel displaying 
a Coast Guard ensign.
    (d) Effective dates: This section is effective from 7:45 p.m. to 
9:15 p.m. EDT (Eastern Daylight Time) on September 17, 1999. If the 
event is postponed due to weather conditions, the regulated area is 
effective from 7:45 p.m. to 9:45 to 9:15 p.m. EDT (Eastern Daylight 
Time) on September 18, 1999.

    Dated: September 2, 1999.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard, Commander Fifth Coast Guard District.
[FR Doc. 99-24255 Filed 9-16-99; 8:45 am]
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