[Federal Register Volume 75, Number 103 (Friday, May 28, 2010)]
[Rules and Regulations]
[Pages 29889-29891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12842]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0363]
RIN 1625-AA08


Special Local Regulation for Marine Event; 2010 International Cup 
Regatta, Pasquotank River, Elizabeth City, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement period 
of special local regulations for a recurring marine event involving 
power boat races in the Fifth Coast Guard District. This action is 
intended to restrict vessel traffic in a portion of the Pasquotank 
River, near Elizabeth City, NC, during the 2010 International Cup 
Regatta. Special local regulations are necessary to provide for the 
safety of life on navigable waters during the event.

DATES: This rule is effective from June 4 through June 6, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0363 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0363 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Petty Officer Kevin Ouyoumjian, 
Prevention Department, Coast Guard Sector North Carolina, Atlantic 
Beach, NC; telephone 252-247-4528, e-mail [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) 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 because the potential dangers posed by vessel 
traffic operating in close proximity to high speed power boats makes 
special local regulations necessary to provide for the safety of 
participants, event support vessels, spectator craft and other vessels. 
Delaying the effective date would be contrary to the public interest, 
since immediate action is needed to ensure the safety of the event 
participants, patrol vessels, spectator craft and other vessels 
transiting the event area. For these reasons, 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.
    For the same reasons, the Coast Guard also finds under 5 U.S.C. 
553(d)(3) that good cause exists for making this rule effective less 
than 30 days after publication in the Federal Register.

Basis and Purpose

    This regulation temporarily changes the enforcement period of 
special local regulations for a recurring marine event in 33 CFR 
100.501 and 33 CFR Table to Sec.  100.501, No. 54. On June 5 and 6, 
2010, Carolina Cup Regatta, Inc. will sponsor the 2010 International 
Cup Regatta hydroplane races on the waters of the Pasquotank River 
adjacent to Elizabeth City, North Carolina. The event will consist of 
approximately 75 hydroplane powerboats conducting high-speed 
competitive races on the Pasquotank River from shoreline to shoreline 
in the vicinity of the Elizabeth City Waterfront, Elizabeth City, North 
Carolina. A fleet of spectator vessels is expected to gather near the 
event site to view the competition.
    The regulation at 33 CFR 100.501 and 33 CFR Table to 100.501 is 
effective annually for this marine event on the second Saturday and 
Sunday of June, which is June 12 and 13 this year. Because the dates of 
the event this year differ from the effective dates in the CFR, this 
rule temporarily changes the effective dates of the existing 
regulation. To provide for the safety of participants, spectators, 
support and transiting vessels, the Coast Guard will temporarily 
restrict vessel traffic in the event area during the hydroplane races. 
The existing regulation in the CFR will be enforced for the duration of 
the event this year on June 5 and 6 instead of June 12 and 13.

Discussion of Rule

    The Coast Guard is temporarily changing the effective dates of 
special local regulations, in 33 CFR Table to 100.501, No. 54, for the 
2010 International Cup Regatta from ``June--2nd Saturday and Sunday'' 
to ``June--1st Saturday and Sunday'' because the regatta will be held 
on the latter dates this year. The temporary special local regulations 
in 33 CFR 100.501 will be enforced from 9 a.m. to 6:30 p.m. on June 5 
and June 6, 2010, and will restrict general navigation in the regulated 
area described in 33 CFR Table to 100.501, No. 54. The name of the 
event has also changed this year from the Carolina Cup Regatta to the 
2010 International Cup Regatta, and the event sponsor's name has 
changed from the Virginia Boat Racing Association to Carolina Cup 
Regatta, Inc. 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 
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.
    Although this rule prevents 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

[[Page 29890]]

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 radio stations and area newspapers so 
mariners can adjust their plans accordingly. Additionally, this 
rulemaking does not change the permanent regulated areas that have been 
published in 33 CFR 100.501, Table to Sec.  100.501. In some cases 
vessel traffic may be able to transit the regulated area 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 will 
not have a significant economic impact on a substantial number of small 
entities. This rule would affect the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in the Pasquotank River in the regulated area. 
This regulation will not have a significant impact on a substantial 
number of small entities because it will be enforced only in a limited 
area for a short duration. The Captain of the Port will ensure that 
small entities are able to operate in the areas where events are 
occurring when it is safe to do so. In some cases, vessels will be able 
to safely transit around the regulated area and, with the permission of 
the Patrol Commander, vessels may transit through the regulated area. 
Before the enforcement period, the Coast Guard 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 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 (adjusted for 
inflation) 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 cause 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 Department of Homeland Security 
Management Directive 023-01 and 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 
this action is one of a

[[Page 29891]]

category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule is categorically 
excluded, under figure 2-1, paragraph (34)(h), of the Instruction 
because the rule involves promulgation of special local regulations 
issued in conjunction with a regatta or marine parade.
    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, 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. Effective from June 4 through June 6, 2010, in Sec.  100.501, Table 
to Sec.  100.501, suspend line No. 54 and add Line No. 58 to read as 
follows:


Sec.  100.501  Special Local Regulations; Marine Events in the Fifth 
Coast Guard District.

* * * * *
    Table To Sec.  100.501.--All Coordinates Listed in the Table to 
Sec.  100.501 Reference Datum NAD 1983.

                                   Coast Guard Sector Delaware Bay--COTP Zone
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     Number                  Date                    Event               Sponsor                Location
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                                                  * * * * * * *
58.............  June 4-6, 2010.............  2010 International   Carolina Cup         The waters of the
                                               Cup Regatta.         Regatta, Inc.        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.
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    Dated: May 11, 2010.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2010-12842 Filed 5-27-10; 8:45 am]
BILLING CODE 9110-04-P