[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Rules and Regulations]
[Pages 30773-30775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11937]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0046]
RIN 1625-AA00


Safety Zone: Hatteras Boat Parade and Firework Display, Trent 
River, New Bern, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will implement a safety zone during the 
Hatteras Boat Parade and Firework Display, a motor yacht parade to be 
held on the waters of the Trent River, New Bern, North Carolina. Access 
to portions of the Trent River adjacent to New Bern, North Carolina 
will be restricted during the fireworks display.

DATES: This rule is effective May 30, 2008 from 7:30 p.m. to 9 p.m.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0046 and are available online 
at http://www.regulations.gov. They are also available for inspection 
or copying two locations: the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays, and at Commander 
Sector North Carolina, 2301 East Fort Macon Road, Atlantic Beach, North 
Carolina 28512, between 8 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call C. D. Humphrey, Marine Event Coordinator, (252) 247-4569. If you 
have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' 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 and contrary to public interest because 
immediate action is needed to minimize potential danger to the public 
during the event. The necessary information to determine whether the 
marine event poses a threat to persons and vessels was not provided to 
the Coast Guard in sufficient time to publish an NPRM. The potential 
dangers posed by the pyrotechnic fireworks display, make a safety zone 
necessary to provide for the safety of the public in the vicinity of 
the event area. The Coast Guard will issue a broadcast notice to 
mariners and on have Coast Guard vessels on scene to advise mariners of 
the safety zone.
    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, because immediate action is needed 
to ensure the safety of the event participants, spectator craft and 
other vessels transiting the event area. Advance notifications will be 
made to the public, via marine information broadcasts, local notice to 
mariners, commercial radio stations and area newspapers.

Background and Purpose

    On May 30, 2008, Hatteras Yacht's will sponsor the ``Hatteras Boat 
Parade and Firework Display'', on the waters of the Trent River. The 
event will consist of approximately nine motor Yachts ranging from 41 
to 80 feet in length parading single file past the Sheraton Hotel and 
Marina. A small barge with close proximity pyrotechnics will be 
anchored at the west end of the Trent River Swing Bridge fender system. 
Due to the need for safety during the event, vessel and personnel 
access will be temporarily restricted in the specified area to provide 
for the safety of participants, spectators and transiting vessels.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters 
of the Trent River, New Bern, North Carolina. The regulated area 
includes all waters within a 150 foot radius of position 
350[deg]06[min]09[s x ec] N 0770 02[min]15[sec] W or 
approximately one 100 yards west of the center span of Trent River 
Swing Bridge, New Bern, North Carolina. The safety zone will be in 
effect from 7:30 p.m. to 9 p.m. on May 30, 2008. The effect will be to 
restrict access to the regulated area during the fireworks display. 
Except for persons or vessels authorized by the Captain of the Port 
(COTP) or the COTP representative, no person or vessel may enter or 
remain in the regulated area during the enforcement period. The Coast 
Guard will notify the public of specific enforcement times by Marine 
Radio Safety Broadcast. These regulations are needed to control public 
access during the event to enhance the safety of participants, 
spectators and transiting vessels.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. Although this 
proposed regulation would prohibit access to a portion of the Trent 
River adjacent to New Bern, North Carolina during the event, the 
effects of this regulation

[[Page 30774]]

would not be significant due to the limited size of the safety zone and 
duration of the enforcement period. Extensive advance notifications 
will be made to the maritime community via Local Notice to Mariners, 
marine information broadcast, 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.
    The owners or operators of vessels intending to transit this 
section of the Trent River will be impacted during the event.
    This safety zone will 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 p.m. to 9 p.m. 
on May 30, 2008; the regulated area is a small segment of the Trent 
River adjacent to the New Bern waterfront; marine traffic may be 
allowed to pass through the regulated area with the permission of the 
Coast Guard representative on scene; and before the enforcement period, 
we would 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 offer to assist small 
entities in understanding the rule so that they can 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 
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)(g), of the Instruction, from further 
environmental documentation. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' are 
available in the docket where indicated under ADDRESSES.

[[Page 30775]]

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard proposes to 
amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add temporary Sec.  165.T-0046 to read as follows:


Sec.  165.T-0046  Trent River, New Bern, North Carolina.

    (a) Safety Zone. The safety zone includes all waters within a 150 
feet radius of position 350[deg]06[min]09[sec] North 
77[deg]02[min]15[sec] West, approximately one hundred yards west of the 
Trent River Swing Bridge, New Bern, North Carolina. All coordinates 
reference Datum NAD 1983.
    (b) Definition:
    (1) As used in this section; Captain of the Port representative 
means any U.S. Coast Guard commissioned, warrant or petty officer who 
has been authorized by the Captain of the Port, North Carolina, to act 
on her behalf.
    (c) Regulation:
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into this zone is prohibited unless authorized by the 
Captain of the Port, North Carolina or his designated representatives.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on shore or on board a vessel 
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on shore or on board a vessel that is displaying a U.S. Coast 
Guard Ensign.
    (3) The Captain of the Port and the Sector Duty Officer at Sector 
North Carolina can be contacted at (252) 247-4570.
    (4) The Captain of the Port representative enforcing the safety 
zone can be contacted on VHF-FM marine band radio, channel 13 
(156.65Mhz) and channel 16 (156.8Mhz).
    (d) Enforcement period. This section will be enforced from 7:30 
p.m. to 9 p.m. on May 30, 2008.

    Dated: May 16, 2008.
June E. Ryan,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. E8-11937 Filed 5-28-08; 8:45 am]
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