[Federal Register Volume 73, Number 106 (Monday, June 2, 2008)]
[Rules and Regulations]
[Pages 31360-31363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12154]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2008-0414]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations for 
the ``Carolina Cup Regatta'', a powerboat 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 powerboat races.

DATES: This rule is effective from 7:30 a.m. on June 6, through 6:30 
p.m., June 8, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0414 and are available online 
at http://www.regulations.gov. They are also available for inspection 
or copying at 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 
the Fifth Coast Guard District, Office of Prevention, Room 416, 431 
Crawford Street, Portsmouth, VA 23704 between 10 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Dennis Sens, Project Manager, Fifth Coast Guard 
District, Prevention Division, (757) 398-6204 or e-mail at 
[email protected]. 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)

[[Page 31361]]

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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. Publishing an NPRM would be impracticable 
and contrary to public interest since 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 with sufficient time to publish an 
NPRM. The danger posed by powerboat racing makes special local 
regulations necessary to provide for the safety of spectator craft and 
other vessels transiting the event area. For the safety concerns noted, 
it is in the public interest to have these regulations in effect during 
the event. The Coast Guard will issue broadcast notice to mariners to 
advise vessel operators of navigational restrictions. On scene Coast 
Guard and local law enforcement vessels will also provide actual notice 
to mariners.
    Under 5 U.S.C. 553(d)(3) and for the same reasons, 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 public interest, because immediate 
action is needed to ensure the safety of the event participants, 
spectator craft and other vessels transiting the event area. However 
advance notification will be made to users of the Pasquotank River, via 
marine information broadcasts, Local Notice to Mariners, commercial 
radio stations and local area newspapers.

Background and Purpose

    On June 6, 7, and 8, 2008, the Virginia Boat Racing Association 
will sponsor the ``Carolina Cup Regatta'', on the waters of the 
Pasquotank River. The event will consist of approximately 75 inboard 
hydroplanes racing in counter clockwise heats around an oval race 
course. 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 event participants, spectators and transiting vessels.

Discussion of Rule

    The Coast Guard is establishing a special local regulation on 
specified waters of the Pasquotank River, Elizabeth City, North 
Carolina. The special local regulations include all waters from 
shoreline to shoreline, bound to the west by the Elizabeth City Draw 
Bridge and 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. The special local regulation will be in effect from 7:30 a.m. to 
6:30 p.m., June 6 through June 8, 2008. The effect will be to restrict 
general navigation in the regulated area during the power boat races. 
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. The Patrol Commander will notify 
the public of specific enforcement times by marine band radio safety 
broadcast. These regulations are needed to control vessel traffic 
during the event to enhance the safety of event 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. 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 restricts vessel traffic from transiting a 
segment 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 marine 
information broadcasts, commercial radio stations and local 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. This rule affects 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 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 6:30 
p.m. on June 6, 7 and 8, 2008. The regulated area will apply to a 
segment of the Pasquotank River adjacent to Elizabeth City. 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.

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

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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. Special local regulations issued in conjunction with a 
regatta or marine event permit are specifically excluded from further 
analysis and documentation under those sections.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
environmental analysis checklist 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, and Waterways.

Words of Issuance and Regulatory Text

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--REGATTAS AND MARINE PARADES

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

    Authority: 33 U.S.C. 1233.


0
2. Add a temporary Sec.  100.35-T05-0414 to read as follows:


Sec.  100.35-T05-0414  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, bound on the west by the Elizabeth City Draw 
Bridge and bound 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 2008 
Carolina Cup Regatta power boat race 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

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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) 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 event area.
    (d) Enforcement period. (1) This section will be enforced from 7:30 
a.m. to 6:30 p.m. on June 6, 7, and 8, 2008 and if the event's daily 
activities should conclude prior to 6:30 p.m., enforcement of this 
regulation may be terminated for that day at the discretion of the 
Patrol Commander.
    (2) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue marine information 
broadcast on VHF-FM marine band radio announcing specific event dates 
and times.

    Dated: May 21, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-12154 Filed 5-30-08; 8:45 am]
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