[Federal Register Volume 65, Number 191 (Monday, October 2, 2000)]
[Rules and Regulations]
[Pages 58652-58654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25269]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-00-043]
RIN 2115-AE46


Special Local Regulations for Marine Events; Fountain Power Boats 
Offshore Race, Pamlico River, Washington, North Carolina

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is adopting temporary special local 
regulations during the Fountain Power Boats Offshore Race, to be held 
October 13, 14 and 15, 2000, on the waters of the Pamlico River, 
Washington, 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 Pamlico River during the event.

DATES: This rule is effective from 6 a.m. on October 13, 2000, to 5 
p.m. on October 15, 2000.

ADDRESSES: Comments and materials received from the public as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-00-043 and are available for inspection or 
copying at Commander (Aoax), Fifth Coast Guard District, 431 Crawford 
Street, Portsmouth, Virginia 23704-5004, between 9 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays.

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 Information

    A notice of proposed rulemaking (NPRM) was not published for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM and for making the rule 
effective less than 30 days after publication in the Federal Register. 
The Coast Guard received confirmation of the request for special local 
regulations on August 24, 2000. We were notified of the event with 
insufficient time to publish a NPRM, allow for comments, and publish a 
final rule prior to the event.

Background and Purpose

    On October 13, 14, and 15, 2000, Fountain Power Boats will sponsor 
the Fountain Power Boats Offshore Race, on the Pamlico River, 
Washington, North Carolina. The event will consist of approximately 50 
high speed power boats racing in heats along a 5 mile oval course. A 
fleet of spectator vessels is anticipated. 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 Regulations

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Pamlico River. The temporary special local 
regulations will be enforced from 6 a.m. to 5 p.m. on October 13, 14 
and 15, 2000. The effect will be to restrict general navigation in the 
regulated area during

[[Page 58653]]

the event. Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area. The Patrol Commander will allow non-participating 
vessels to transit the regulated area between races. These regulations 
are needed to control vessel traffic during the event to enhance the 
safety of participants, spectators and transiting vessels.

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. The 
Office of Management and Budget has not reviewed it 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).
    We expect 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.
    Although this regulation prevents traffic from transiting a portion 
of the Pamlico River during the event, the effect of this regulation 
will not be significant due to the limited duration of the regulation 
and the extensive advance notifications that will be made to the 
maritime community via the Local Notice to Mariners, marine information 
broadcasts, and area newspapers, so mariners can adjust their plans 
accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we 
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 
or anchor in the effected portions of the Pamlico River during the 
event.
    Although this regulation prevents traffic from transiting or 
anchoring in a portion of the Pamlico River during the event, the 
effect of this regulation will not be significant because of its 
limited duration and the extensive advance notifications that will be 
made to the maritime community via the Local Notice to Mariners, marine 
information broadcasts, and area newspapers, so mariners can adjust 
their plans accordingly.

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

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect 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 concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We prepared an ``Environmental Assessment'' in accordance with 
Commandant Instruction M16475.1C and determined that this rule will not 
significantly affect the quality of the human environment. The 
``Environmental Assessment'' and ``Finding of No Significant Impact'' 
is available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

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

Regulation

    For the reasons discussed in the preamble, the Coast Guard amends 
Part 100 of Title 33, Code of Federal Regulations as follows:

PART 100--[AMENDED]

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

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


    2. A temporary Sec. 100.35-T05-043 is added to read as follows:


Sec. 100.35-T05-043  Fountain Power Boats Offshore Race, Pamlico River, 
Washington, North Carolina

    (a) Definitions--(1) Regulated Area. The waters of the Pamlico 
River from shoreline to shoreline, bounded on the south by a line 
running northeasterly from Hills Point at latitude 35 deg.28'30" North, 
longitude 076 deg.59'20" West, to Broad Creek Point at latitude 
33 deg.29'05" North, longitude 076 deg.58'50" West, and bounded on the 
north by the Norfolk Southern Railroad Bridge. 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.
    (3) Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Group Fort Macon with a 
commissioned, warrant, or petty officer of the Coast Guard on board and 
displaying a Coast Guard ensign.
    (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 these areas shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol.
    (ii) Proceed as directed by any official patrol.
    (c) Effective Dates. This section will be effective from 6 a.m. on 
October 13, 2000 to 5 p.m. on October 15, 2000.
    (d) Enforcement Times. This section will be enforced from 6 a.m. to 
5 p.m. on October 13, 14 and 15, 2000.


[[Page 58654]]


    Dated: September 15, 2000.
T.C. Paar,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 00-25269 Filed 9-29-00; 8:45 am]
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