[Federal Register Volume 67, Number 70 (Thursday, April 11, 2002)]
[Rules and Regulations]
[Pages 17622-17624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8788]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-02-012]
RIN 2115-AE46


Special Local Regulations for Marine Events; Lawson's Creek and 
Trent River, New Bern, NC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is adopting temporary special local 
regulations during the Lawson's Creek Hydroplane Race, a marine event 
to be held on the waters of Lawson's Creek and the Trent River, near 
New Bern, 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 
Lawson's Creek and the Trent River during the event.

DATES: This rule is effective from 7 a.m. EDT on May 17, 2002 until 5 
p.m. EDT on May 19, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD05-02-012 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, Project Manager, 
Auxiliary and Recreational Boating Safety Section, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this

[[Page 17623]]

regulation. In keeping with 5 U.S.C. 553(b)(B), the Coast Guard finds 
that good cause exists for not publishing a NPRM. The event will begin 
on Friday, May 17, 2002. There is not sufficient time to publish a 
NPRM, allow for an appropriate comment period, and publish a final rule 
prior to the event. Because of the danger posed by high speed racing 
boats competing within a confined area, special local regulations are 
necessary to provide for the safety of event participants, spectator 
craft and other vessels transiting the event area. For the safety 
concerns noted, it is in the public interest to have these regulations 
in effect during the event. In addition, advance notifications will be 
made via the Local Notice to Mariners, marine information broadcasts, 
and area newspapers.

Background and Purpose

    On May 17, 2002, the North South Racing Association will sponsor 
the Lawson's Creek Hydroplane Race near New Bern, North Carolina. The 
event will consist of 50 to 75 outboard hydroplanes and runabouts 
racing in heats at high speed along a 1-mile oval course on the waters 
of Lawson's Creek and the Trent River. 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 spectators, participants and transiting vessels.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of Lawson's Creek and the Trent River. The 
temporary special local regulations will be in effect from 9 a.m. to 5 
p.m. EDT on May 17, May 18, and May 19, 2002, and will restrict general 
navigation in the regulated area during the event. Except for 
participants and 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 vessel traffic to transit the 
regulated area between heats.

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).
    Although this regulation restricts traffic transiting Lawson's 
Creek and the Trent 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. In addition, the Patrol Commander will allow 
vessel traffic to transit the regulated area between heats.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), 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 
this section of Lawson's Creek and the Trent River during the event.
    Although this regulation prevents traffic from transiting Lawson's 
Creek and the Trent 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. In addition, the Patrol Commander will allow vessel 
traffic to transit the regulated area between heats.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this temporary rule so that they can better 
evaluate its effects on them and participate in the rulemaking.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State law or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination

[[Page 17624]]

with Indian Tribal Governments, because it does not have a substantial 
and direct effect on one or more Indian tribes, on the relationship 
between the Federal Governments and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraphs (34)(h) and (35)(a) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine parade permit for an event not 
located in, proximate to, or above an area designated as 
environmentally sensitive by an environmental agency of the Federal, 
state, or local government, are specifically excluded from further 
analysis and documentation under those sections. A ``Categorical 
Exclusion Determination'' 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.


    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

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


    2. Add a temporary section, Sec. 100.35T-05-012 to read as follows:


Sec. 100.35T-05-012,  Lawson's Creek and Trent River, New Bern, NC.

    (a) Definitions:
    (1) 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.
    (2) 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 on board and displaying a Coast 
Guard ensign.
    (3) Participant. Includes all vessels participating in the Lawson's 
Creek Hydroplane Race under the auspices of the Marine Event Permit 
issued to the event sponsor and approved by Commander, Coast Guard 
Group Fort Macon.
    (4) Regulated Area. Includes all waters of Lawson's Creek and the 
Trent River, shoreline to shoreline, bounded to the east by the Route 
17-B bridge and bounded to the southwest by the Route 70 bridge.
    (b) Special Local Regulations:
    (1) Except for event participants and 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 the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol.
    (ii) Proceed as directed by any official patrol.
    (iii) Unless otherwise directed by the official patrol, operate at 
a minimum wake speed not to exceed six (6) knots.
    (c) Effective Dates: This section is in effect from 7 a.m. to 5 
p.m. EDT on May 17, May 18, and May 19, 2002.

    Dated: April 2, 2002.
Thad W. Allen,
Vice Admiral, Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 02-8788 Filed 4-10-02; 8:45 am]
BILLING CODE 4910-15-U