[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Rules and Regulations]
[Pages 52305-52307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17469]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-05-005]
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 temporary special local 
regulations for the ``Elizabeth City Jaycee Offshore Grand Prix'', a 
power boat race to be held on the waters of the Pasquotank River 
adjacent to Elizabeth City, NC. 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 the 
Pasquotank River during the power boat race.

DATES: This rule is effective from 7:30 a.m. on September 23, 2005 to 
6:30 p.m. on September 25, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD05-05-005 and are available for 
inspection or copying at Commander (oax), 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, 
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 28, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; Pasquotank 
River, Elizabeth City, NC in the Federal Register (70 FR 37066). No 
letters were received 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

[[Page 52306]]

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 mariners via marine information 
broadcasts, local radio stations and area newspapers.

Background and Purpose

    On September 23, 24 and 25, 2005, the American Power Boat 
Association/Super Boats International will sponsor the ``Elizabeth City 
Jaycee Offshore Grand Prix'', on the waters of the Pasquotank River at 
Elizabeth City, North Carolina. The event will consist of approximately 
40 offshore power boats participating in high-speed competitive races, 
to be conducted in heats, traveling counter-clockwise around an oval 
racecourse. A fleet of approximately 250 spectator vessels is expected 
to gather near the event site to view the competition. To provide for 
the safety of participants, spectators and other transiting vessels, 
the Coast Guard will temporarily restrict vessel traffic in the event 
area during the races.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Pasquotank River. The temporary special 
local regulations will be enforced from 7:30 a.m. to 6:30 p.m. on 
September 23, 24 and 25, 2005. The effect of the temporary special 
local regulations will be to restrict general navigation in the 
regulated area during the 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. Non-participating vessels will 
be allowed to transit the regulated area between races, when the Coast 
Guard Patrol Commander determines it is safe to do so. These 
regulations are needed to control vessel traffic during the event to 
enhance the safety of participants, spectators and transiting vessels.

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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    We expect the economic impact of this temporary final rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    Although this regulation 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 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, the regulated area has 
been narrowly tailored to impose the least impact on general navigation 
yet provide the level of safety deemed necessary. 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 will 
not have a significant economic impact on a substantial number of small 
entities. 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 Pasquotank River 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 7:30 a.m. to 6:30 
p.m. on September 23, 24, and 25, 2005. Although the regulated area 
will apply to a 4 mile segment of the Intracoastal Waterway channel 
south of the Elizabeth City Draw Bridge to Pasquotank River Light 
``5A'' (LLN 31420), 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 shall proceed at the minimum 
speed necessary to maintain a safe course that minimizes wake near the 
race course. The Patrol Commander will allow non-participating vessels 
to transit the event area between races. 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. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the address listed under 
ADDRESSES.
    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).

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

[[Page 52307]]

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 will 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 and 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 M16475.1D, 
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 those sections. 
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, Department of Homeland Security 
Delegation No. 0170.1.


0
2. From September 23, 2005 to September 25, 2005 add a temporary Sec.  
100.35-T05-005 to read as follows:


Sec.  100.35-T05-005,  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, bounded on the east by a line running northerly 
from a point near the shoreline in the vicinity of Brickhouse Point at 
latitude 36[deg]15'52'' N, longitude 076[deg]09'22'' W, thence to 
latitude 36[deg]17'18'' N, longitude 076[deg]08'47'' W, and bounded on 
the west by the Elizabeth City Draw 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.
    (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.
    (c) Special local regulations. (1) Except for 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 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) The operator of a vessel in the regulated area shall stop the 
vessel immediately when instructed to do so by the Official Patrol and 
then proceed as directed. 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 6:30 p.m. on September 23, 24 and 25, 2005.

    Dated: August 22, 2005.
S.H. Ratti,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District, 
Acting.
[FR Doc. 05-17469 Filed 9-1-05; 8:45 am]
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