[Federal Register Volume 71, Number 103 (Tuesday, May 30, 2006)]
[Rules and Regulations]
[Pages 30609-30611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8296]



[[Page 30609]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-06-023]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing special local regulations for 
a power boat race to be held on the waters of the Pasquotank River, 
Elizabeth City, 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 Pasquotank River adjacent to Elizabeth City, North 
Carolina during the power boat race.

DATES: This rule is effective from 7:30 a.m. on June 10, to 7 p.m. on 
June 11, 2006.

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 (CGD05-06-023) and are available for inspection or 
copying at Commander (dpi), 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, 
Inspections and Investigations Branch, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 17, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; Pasquotank 
River, Elizabeth City, NC in the Federal Register (71 FR 19670). We 
received no letters commenting on the proposed rule. No public meeting 
was requested, and none was held.
    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, 
local radio stations and area newspapers.

Background and Purpose

    On June 10 and 11, 2006, the Virginia Boat Racing Association will 
sponsor the ``Carolina Cup'', an event previously announced as the 
``Roar on the River Rampage'', on the waters of the Pasquotank River. 
The event will consist of approximately 60 inboard hydroplanes racing 
in heats counter-clockwise around an oval racecourse. A fleet of 
spectator vessels is anticipated 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 Comments and Changes

    The Coast Guard did not receive comments in response to the notice 
of proposed rulemaking (NPRM) published in the Federal Register. 
However, a minor change has been made because the event sponsor, 
Virginia Boat Racing Association has renamed the event as the 
``Carolina Cup'' power boat race.

Regulatory Evaluation

    This temporary 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 rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    Although this temporary regulation will prevent traffic from 
transiting a portion of the Pasquotank River adjacent to Elizabeth 
City, North Carolina 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. Extensive advance notifications will be made to 
the maritime community via Local Notice to Mariners, marine information 
broadcasts, and area newspapers, so mariners can adjust their plans 
accordingly. 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 
would not have a significant economic impact on a substantial number of 
small entities. This temporary rule would affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels intending to transit this section 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 will be enforced for only a short period, from 7:30 a.m. to 7 p.m. 
on June 10 and 11, 2006. The regulated area will apply to a segment of 
the Pasquotank River adjacent to the Elizabeth City waterfront. Marine 
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 will be required to proceed at the minimum speed 
necessary to maintain a safe course that minimizes wake near the race 
course. Before the enforcement period, we would 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 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

[[Page 30610]]

compliance, please contact the Coast Guard at 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 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 temporary 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 would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This 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 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 would not create an 
environmental risk to health or risk to safety that might 
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 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 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 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 temporary 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.
    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.

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 proposes to 
amend 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-T05-023 to read as follows:


Sec.  100.35-T05-023,  Pasquotank River, Elizabeth City, North 
Carolina.

    (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 west by the Elizabeth City Draw 
Bridge and bounded on the east by a line originating at a point along 
the shoreline at latitude 36[deg]17'54'' N, longitude 076[deg]12'00'' 
W, thence southwesterly to latitude 36[deg]17'35'' N, longitude 
076[deg]12'18'' W, at Cottage Point. 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 Sector North Carolina.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector North Carolina with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant includes all vessels participating in the 
``Carolina Cup'' under the auspices of the Marine Event Permit issued 
to the event sponsor and approved by Commander, Coast Guard Sector 
North Carolina.
    (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

[[Page 30611]]

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) 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 7 p.m. on June 10 and 11, 2006.

    Dated: May 19, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
 [FR Doc. E6-8296 Filed 5-26-06; 8:45 am]
BILLING CODE 4910-15-P