[Federal Register Volume 72, Number 135 (Monday, July 16, 2007)]
[Rules and Regulations]
[Pages 38783-38785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13715]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. CGD05-07-032]
RIN 1625-AA08


Special Local Regulations for Marine Events; Pamlico River, 
Washington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for the ``SBIP--Fountain Powerboats Kilo Run and Super Boat 
Grand Prix'', a marine event to be held August 3 and August 5, 2007, on 
the waters of the Pamlico River, near Washington, 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 Pamlico River during the 
event.

DATES: This rule is effective from 6:30 a.m. on August 3, 2007 to 4:30 
p.m. on August 5, 2007.

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 [CGD05-07-032] and are available for inspection or 
copying at Commander, (dpi), Fifth Coast Guard District, Room 415, 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 May 4, 2007, we published a notice of proposed rulemaking (NPRM) 
entitled Special Local Regulations for Marine Events; Pamlico River, 
Washington, NC in the Federal Register (72 FR 25214). We received no 
letters commenting on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    On August 3 and August 5, 2007, Super Boat International 
Productions will sponsor the ``SBIP--Fountain Powerboats Kilo Run and 
Super Boat Grand Prix'', on the Pamlico River, near Washington, North 
Carolina. The event will consist of approximately 40 high-speed 
powerboats racing in heats along a 5-mile oval course on August 3 and 
5, 2007. Preliminary speed trials along a straight one-kilometer course 
will be conducted on August 3, 2007. Approximately 20 boats will 
participate in the speed trials. Approximately 100 spectator vessels 
will gather nearby to view the speed trials and the race. If either the 
speed trials or races are postponed due to weather, they will be held 
the next day. During the speed trials and the races, 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. 
Accordingly, the Coast Guard is establishing temporary special local 
regulations on specified waters of the Pamlico River, Washington, North 
Carolina.

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.
    Although this regulation prevents traffic from transiting a portion 
of the Pamlico River, near Washington, 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 and the 
extensive advance notifications that will be made to the maritime 
community via marine information broadcasts, local commercial radio 
stations, 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.

[[Page 38784]]

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 Pamlico River, Washington, North Carolina 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 6:30 a.m. to 12:30 
p.m. on August 3, 2007, and from 10:30 a.m. to 4:30 p.m. on August 5, 
2007. Affected waterway users may pass safely around the regulated area 
with approval from the patrol commander. Before the enforcement period, 
we will issue maritime advisories 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.
    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). 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 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 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 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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.

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.


0
2. Add a temporary section, Sec.  100.35-T05-032 to read as follows:

[[Page 38785]]

Sec.  100.35-T05-032  Pamlico River, Washington, NC.

    (a) Regulated area. The regulated area is established for the 
waters of the Pamlico River including Chocowinity Bay, from shoreline 
to shoreline, bounded on the south by a line running northeasterly from 
Camp Hardee at latitude 35[deg]28'23'' North, longitude 076[deg]59'23'' 
West, to Broad Creek Point at latitude 35[deg]29'04'' North, longitude 
076[deg]58'44'' West, and bounded on the north by the Norfolk Southern 
Railroad 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 Sector North Carolina to act 
on their behalf.
    (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 
``Fountain Super Boat Grand Prix'' 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 participating vessels 
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 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 6:30 
a.m. to 12:30 p.m. on August 3, 2007, and from 10:30 a.m. to 4:30 p.m. 
on August 5, 2007. If either the speed trials or the races are 
postponed due to weather, then the temporary special local regulations 
will be enforced during the same time period the next day.

    Dated: July 2, 2007.
F.M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-13715 Filed 7-13-07; 8:45 am]
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