Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 29889 

Dated: May 12, 2010. 

M.S. Ogle, 

Captain, U.S. Coast Guard, Captain of the 

Port, Hampton Roads. 

[FR Doc. 2010–12846 Filed 5–27–10; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 

Kevin.J.Ouyoumjian@uscg.mil. 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 

§ 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 

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29890 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 

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 § 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 

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Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 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. 

■ 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 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Effective from June 4 through June 

6, 2010, in § 100.501, Table to § 100.501, 

suspend line No. 54 and add Line No. 

58 to read as follows: 

§ 100.501 Special Local Regulations; 

Marine Events in the Fifth Coast Guard 

District. 

* * * * * 

Table To § 100.501.—All Coordinates 

Listed in the Table to § 100.501 

Reference Datum NAD 1983. 

COAST GUARD SECTOR DELAWARE BAY—COTP ZONE

Number Date Event Sponsor Location 

* * * * * * * 

58 ......... June 4–6, 2010 ..... 2010 International Cup 

Regatta.

Carolina Cup Regatta, 

Inc.

The waters of the 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°17′54′′ N, longitude 076°12′00′′ W, 

thence southwesterly to latitude 36°17′35′′ N, longitude 

076°12′18′′ W at Cottage Point. 

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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0302] 

RIN 1625–AA08 

Special Local Regulation; Maggie 

Fischer Memorial Great South Bay 

Cross Bay Swim, Great South Bay, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a permanent special local 

regulation on Great South Bay, NY 

between Gilbert Park, Brightwaters, NY 

and Fire Island Lighthouse Dock, Fire 

Island, NY due to the annual Maggie 

Fischer Memorial Great South Bay Cross 

Bay Swim. This special local regulation 

is necessary to protect swimmers, safety 

vessels and the boating public on the 

navigable waters of Great South Bay, 

NY. Entry into this zone is prohibited 

unless authorized by the Captain of the 

Port Long Island Sound, New Haven, 

CT. 

DATES: This rule is effective June 28, 

2010. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0302 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2009–0302 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

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 rule, call or 

e-mail: Chief Petty Officer Christie 

Dixon, Prevention Department, USCG 

Sector Long Island Sound at 203–468– 

4459, christie.m.dixon@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On July 8, 2009 we published an 

Interim Rule with a request for 

comments entitled, Special Local 

Regulation, Maggie Fischer Memorial 

Great South Bay Cross Bay Swim, Great 

South Bay, NY, in the Federal Register 

(74 FR 32428). We did not receive any 

comments or requests for meetings in 

response to the Interim Rule. 

Basis and Purpose 

The Cross Bay Swim has been 

successfully held off and on from the 

early 1900’s on the waters of Great 

South Bay, NY. This 5.25 mile swim has 

historically involved up to 100 

swimmers and accompanying safety 

craft that travel along a course located 

directly north of the Fire Island 

Lighthouse Dock, NY and extending to 

Gilbert Park in Brightwaters, NY. Prior 

to this rule there was not a regulation in 

place to protect the swimmers or safety 

craft from the hazards imposed by 

marine traffic. 

To ensure the continued safety of the 

swimmers, safety craft and the boating 

public, the Coast Guard is establishing 

a permanent special local regulation on 

the navigable waters of the Great South 

Bay, New York that would exclude all 

unauthorized persons and vessels from 

approaching within 100 yards of any 

swimmer or safety craft on the race 

course from 6:30 a.m. to 12:30 p.m. on 

the day of the race. 

Entry into this zone is prohibited 

unless authorized by the Captain of the 

Port Long Island Sound or by designated 

on-scene patrol personnel. Any 

violation of the safety zone described 

herein is punishable by, among other 

things, civil and criminal penalties, in 

rem liability against the offending 

vessel, and the initiation of suspension 

or revocation proceedings against Coast 

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