[Federal Register Volume 70, Number 73 (Monday, April 18, 2005)]
[Rules and Regulations]
[Pages 20049-20051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7699]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-05-022]
RIN 1625-AA08


Special Local Regulation for Marine Events; Pasquotank River, 
Camden, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations during the ``Camden Spring Race'', a marine event to be 
held over the waters of the Pasquotank River at Camden, 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 the Pasquotank River during the event.

DATES: This rule is effective from 9:30 a.m. on April 23, to 6:30 p.m. 
on April 24, 2005.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-05-022 and are available for inspection or 
copying at Commander (oax), 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: Dennis Sens, Project Manager, 
Auxiliary and Recreational Boating Safety Branch, 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), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM would be 
impracticable. The event will take place on April 23 and 24, 2005. 
There is not sufficient time to allow for a notice and comment period, 
prior to the event. Immediate action is needed to protect the safety of 
life at sea from the danger posed by high-speed powerboats.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date would 
be contrary to the public interest, since immediate action is needed to 
ensure the safety of the event participants, spectator craft and other 
vessels transiting the event area. However advance notifications will 
be made to affected waterway users via marine information broadcasts 
and area newspapers.

Background and Purpose

    On April 23 and 24, 2005, the Carolina Virginia Racing Association 
will sponsor the ``Camden Spring Race'', on the waters of the 
Pasquotank River at Camden, North Carolina. The event will consist of 
approximately 70 hydroplanes and runabout powerboats conducting high-
speed competitive races on the Pasquotank River in the vicinity of 
Shipyard Landing, Camden, North Carolina. A fleet of approximately 50 
spectator vessels is expected to gather nearby to view the competition. 
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 Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Pasquotank River adjacent to Shipyard 
Landing, Camden, North Carolina. The regulated area includes a section 
of the Pasquotank River approximately 800 yards long, by 260 yards 
wide. The temporary special local regulations will be enforced from 
9:30 a.m. to 6:30 p.m. on April 23 and 24, 2005, and will restrict 
general navigation in the regulated area during the power boat race. 
Except for persons or vessels authorized by the Coast Guard Patrol 
Commander, no person or vessel may enter or remain in the regulated 
area during the enforcement period.

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

[[Page 20050]]

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 Homeland Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. Although this regulation will prevent traffic 
from transiting a portion of the Pasquotank River during the event, the 
effect of this regulation 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. 
Additionally, the regulated area has been narrowly tailored to impose 
the least impact on general navigation yet provide the level of safety 
deemed necessary. Vessel traffic will be able to transit the regulated 
area between heats, when the Coast Guard Patrol Commander deems it is 
safe to do so.

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 would affect the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in a portion of the Pasquotank River during the 
event.
    This rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule would be in effect for only a limited period. Vessel traffic will 
be able to transit the regulated area between heats, when the Coast 
Guard Patrol Commander deems it is safe to do so. Before the 
enforcement period, we will issue maritime advisories so mariners can 
adjust their plans accordingly.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want 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. The Coast Guard will not retaliate against small entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.
    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 an 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 create 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 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of

[[Page 20051]]

Management and Budget, with an explanation of why using these standards 
would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., 
specifications of materials, performance, design, or operation; test 
methods; sampling procedures; and related management systems practices) 
that are developed or adopted by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(h), of the Instruction, 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 that section.

List of Subjects in 33 CFR Part 100

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

0
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

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add temporary Sec.  100.35-T05-022 to read as follows:


Sec.  100.35-T05-022  Pasquotank River, Camden, NC.

    (a) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Group Cape Hatteras.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Group Cape Hatteras with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant includes all vessels participating in the Camden 
Spring Race under the auspices of the Marine Event Permit issued to the 
event sponsor and approved by Commander, Coast Guard Group Cape 
Hatteras.
    (b) Regulated area includes all waters of the Pasquotank River, in 
an area bound by the following points: 36[deg]21'21.9'' N, 
076[deg]13'29.6'' W; thence to 36[deg]21'17.8'' N, 076[deg]13'37.8'' W; 
thence to 36[deg]21'38.9'' N, 076[deg]13'54.6'' W; thence to 
36[deg]21'43.3'' N, 076[deg]13'45'' W; thence to point of origin. All 
coordinates reference Datum: NAD 1983.
    (c) 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 must:
    (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.
    (d) Effective period. This section will be effective from 9:30 a.m. 
on April 23, to 6:30 p.m. on April 24, 2005.
    (e) Enforcement period. It is expected that this section will be 
enforced from 9:30 a.m. to 6:30 p.m. on April 23 and 24, 2005.

    Dated: March 29, 2005.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-7699 Filed 4-15-05; 8:45 am]
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