[Federal Register Volume 67, Number 188 (Friday, September 27, 2002)]
[Rules and Regulations]
[Pages 60863-60865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24635]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-02-075]
RIN 2115-AE46


Special Local Regulations for Marine Events; Cape Fear River, 
Wilmington, NC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for the ``Head of the Cape Fear Regatta'', a marine event 
to be held over the waters of the Cape Fear River, Wilmington, 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 Cape Fear River 
during the event.

DATE: This rule is effective from 7:30 a.m. to 5:30 p.m. on October 5, 
2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD05-02-075 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, 
Commander (Aoax), Fifth Coast Guard District, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B) and 553(d)(3), the Coast Guard 
finds that good cause exists for not publishing a NPRM and for making 
this rule effective less than 30 days after publication in the Federal 
Register. The event will be held on Saturday, October 5, 2002. There is 
not sufficient time to allow for a notice and comment period, prior to 
the event. Because of the danger posed by other vessels operating near 
rowing shells 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 October 5, 2002, Riverfest Celebrations, Inc. will sponsor the 
``Head of the Cape Fear Regatta'' on the waters of the Cape Fear River, 
Wilmington, North Carolina. The event will consist of rowing shells 
racing in heats of 30 against the clock along a 3-mile section of the 
Cape Fear River. To provide for the safety of spectators and other 
transiting vessels, the Coast Guard will temporarily restrict vessel 
traffic in the event area during the event.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Cape Fear River. The regulated area includes 
all waters of the Cape Fear River from the Cape Fear Memorial Bridge 
upriver to the Seaboard Coast Line Railroad Bridge at Navassa Turning 
Basin. The temporary special local regulations will be in effect from 
7:30 a.m. to 5:30 p.m. on October 5, 2002. The effect will be to 
restrict general navigation in the regulated area during 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 at slow speed between heats when safe to do 
so. These

[[Page 60864]]

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, Regulatory Planning and Review, 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 rule prevents traffic from transiting a portion of 
the Cape Fear River during the event, the effect of this rule will not 
be significant due to the limited duration that the regulated area will 
be in effect 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. 601-612), we have 
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 Cape Fear River during the 
event.
    Although this rule prevents traffic from transiting a portion of 
the Cape Fear River during the event, the effect of this rule will not 
be significant because of the limited duration that the regulated area 
will be in effect 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the address listed under 
ADDRESSES.
    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 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 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination 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 Government 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 have 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 are 
specifically excluded from further analysis and documentation under 
those sections. A ``Categorical Exclusion Determination'' is available 
in the docket where indicated under ADDRESSES.

[[Page 60865]]

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; 49 CFR 1.46.


    2. From 7:30 a.m. to 5:30 p.m. on October 5, 2002, add a temporary 
Sec.  100.35-T05-075 to read as follows:


Sec.  100.35-T05-075  Cape Fear River, Wilmington, North Carolina.

    (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 commissioned, 
warrant, or petty officer of the Coast Guard on board a vessel 
displaying a Coast Guard ensign.
    (b) Regulated area. All waters of the Cape Fear River from 
shoreline to shoreline, bounded to the north by the Seaboard Coast Line 
Railroad Bridge at Navassa Turning Basin and bounded to the south by 
the Cape Fear Memorial Bridge.
    (c) 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 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.
    (d) Enforcement period. This section will be enforced from 7:30 
a.m. to 5:30 p.m. on October 5, 2002.

    Dated: September 19, 2002.
A.E. Brooks,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 02-24635 Filed 9-26-02; 8:45 am]
BILLING CODE 4910-15-P