[Federal Register Volume 70, Number 123 (Tuesday, June 28, 2005)]
[Proposed Rules]
[Pages 37066-37068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12730]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-05-005]
RIN 1625-AA08


Special Local Regulations for Marine Events; Pasquotank River, 
Elizabeth City, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a temporary special local regulation 
for ``Elizabeth City Jaycee Offshore Grand Prix'', a power boat race to 
be held over the waters of the Pasquotank River adjacent to Elizabeth 
City, NC. 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: Comments and related material must reach the Coast Guard on or 
before July 28, 2005.

ADDRESSES: You may mail comments and related material to Commander 
(oax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, hand-deliver them to Room 119 at the same address 
between 9 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays, or fax them to (757) 398-6203. The Coast Guard Auxiliary and 
Recreational Boating Safety Branch, Fifth Coast Guard District, 
maintains the public docket for this rulemaking. Comments and material 
received from the public, as well as documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and will be available for inspection or copying at the above 
address between 9 a.m. and 2 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: CWO Morgan Dudley, Marine Events 
Coordinator, Coast Guard Group Cape Hatteras, at (252) 247-4571.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-05-
005), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the address under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Background and Purpose

    On September 23, 24 and 25, 2005, the American Power Boat 
Association/Super Boats International will sponsor the ``Elizabeth City 
Jaycee Offshore Grand Prix'', on the waters of the Pasquotank River at 
Elizabeth City, North Carolina. The event will consist of approximately 
40 offshore powerboats participating in high-speed competitive races, 
to be conducted in heats, traveling counter-clockwise around an oval 
race course. A fleet of approximately 250 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 Proposed Rule

    The Coast Guard proposes to establish temporary special local 
regulations on specified waters of the Pasquotank River. The temporary 
special local regulations will be enforced from 7:30 a.m. to 6:30 p.m. 
on September 23, 24 and 25, 2005, 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 will be allowed to enter or remain in the regulated area. These 
regulations are needed to control vessel traffic during the event to 
enhance the safety of

[[Page 37067]]

participants, spectators and transiting vessels.

Regulatory Evaluation

    This proposed 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 
Homeland Security (DHS).
    We expect the economic impact of this proposed 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 proposed 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 proposed 
rule would 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 the Pasquotank River during the 
event.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for only a short period, from 7:30 a.m. to 6:30 
p.m. on September 23, 24, and 25, 2005. Although the regulated area 
will apply to a 4 mile segment of the Intracoastal Waterway channel 
south of the Elizabeth City Draw Bridge to Pasquotank River Light 
``5A'' (LLN 31420), traffic may be allowed to pass through the 
regulated area with the permission of the Coast Guard patrol commander. 
In the case where the patrol commander authorizes passage through the 
regulated area during the event, vessels shall proceed at the minimum 
speed necessary to maintain a safe course that minimizes wake near the 
race course. 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 this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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

[[Page 37068]]

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 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule. Comments on this 
section will be considered before we make the final decision on whether 
to categorically exclude this rule from further environmental review.

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 proposes 
to amend 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, Department of Homeland Security 
Delegation No. 0170.1.

    2. Add a temporary Sec.  100.35-T05-005 to read as follows:


Sec.  100.35-T05-005,  Pasquotank River, Elizabeth City, NC

    (a) Regulated area. The regulated area is established for the 
waters of the Pasquotank River, adjacent to Elizabeth City, NC, from 
shoreline to shoreline, bounded on the east by a line running northerly 
from a point near the shoreline in the vicinity of Brickhouse Point at 
latitude 36[deg]15'52'' N, longitude 076[deg]09'22'' W, thence to 
latitude 36[deg]17'18'' N, longitude 076[deg]08'47'' W, and bounded on 
the west by the Elizabeth City Draw Bridge. All coordinates reference 
Datum NAD 1983.
    (b) 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. Designation of Patrol 
Commander will be made by Commander, Coast Guard Sector North Carolina 
effective July 29, 2005.
    (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. 
Assignment and approval of Official Patrol will be made by Commander, 
Coast Guard Sector North Carolina effective July 29, 2005.
    (c) 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 and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (iii) The operator of a vessel in the regulated area shall stop the 
vessel immediately when instructed to do so by the Official Patrol and 
then proceed as directed. When authorized to transit the regulated 
area, all vessels shall proceed at the minimum speed necessary to 
maintain a safe course that minimizes wake near the race course.
    (d) Enforcement period. This section will be enforced from 7:30 
a.m. to 6:30 p.m. on September 23, 24 and 25, 2005.

    Dated: June 20, 2005.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-12730 Filed 6-27-05; 8:45 am]
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