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###### Department of Homeland Security

###### Coast Guard 

          - 33 CFR Part 100 
          - [Docket No. USCG-2008-0789] 
          - RIN 1625-AA08 

# AGENCY:

Coast Guard, DHS. 

# ACTION:

Temporary final rule. 

# SUMMARY:

The Cape Fear Dragon Boat Festival will take place on the Cape Fear River in Wilmington, North Carolina on September 27, 2008. This event will consist of four 45 foot long Dragon boats racing a 250 meter course. 

# DATES:

This rule is effective from 8 a.m. to 6 p.m. on September 27, 2008. 

# ADDRESSES:

                        Documents indicated in this preamble as being available in the docket are part of docket USCG-2008-0789 and are available online at www.regulations.gov. They are also available for inspection or copying at two locations: the Docket Management Facility (M-30), U.S. Department of                               ( print page 47532)                            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, Coast Guard Sector North Carolina, 2301 East Fort Macon Rd., 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 temporary rule, call the Marine Event Coordinator at Coast Guard Sector North Carolina, C. D. Humphrey at (252) 247-4570. 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 a delay in publication would be contrary to the public interest since immediate action is needed to protect the maritime public during the event. In order to ensure the safety of life on navigable waters during this event, the Coast Guard is establishing a special local regulation. The Coast Guard will issue a broadcast notice to mariners to advise mariners of the restriction and on scene Coast Guard and Coast Guard Auxiliary vessels will also provide additional notice to mariners. 

## Background and Purpose 

On September 27, 2008, the Cape Fear Dragon Boat Club will sponsor the “Cape Fear River Dragon Boat Festival.” This festival will include four 45 foot long Dragon Boats racing a straight line course 250 meters in length. The races will take place on the Cape Fear River in front of the Wilmington River Walk, approximately 0.5 nautical miles north of the Cape Fear River Memorial Bridge. 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 a special local regulation on specified waters of the Cape Fear River, Wilmington, North Carolina. The special local regulation includes all waters from shoreline to shoreline, bound by the following position latitude 34°14′24″ N, longitude 77°57′08″ W thence south along the east bank of the river to latitude 34°14′00″ N, longitude 77°56′58″ W, thence west to latitude 34°14′00″ N, longitude 77°57′05″ W, thence north along the west bank to latitude 34°14′24″ N, longitude 77°57′21″ W, thence east back to the point of origin. All coordinates reference Datum NAD 1983. The special local regulation will be in effect from 8 a.m. to 6 p.m. on September 27, 2008. The effect 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 during the enforcement period. The Patrol Commander will notify the public of specific enforcement times by Marine Radio Safety Broadcast. 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. 

We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. Although this regulation prevents traffic from transiting a portion of the Cape Fear 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. Extensive advance notification 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 the maritime public yet provide the level of safety deemed necessary. Vessel traffic will be able to transit the regulated area between races, 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 Cape Fear River from 8 a.m. to 6 p.m. on September 27, 2008. This rule will not have a significant economic impact on a substantial number of small entities for the following reasons: 

(i) Although the regulated area will apply to the section of the Cape Fear River approximately 0.5 nautical miles north of the Cape Fear Memorial Bridge, traffic may be allowed to pass through the regulated area with the permission of the Coast Guard Patrol Commander; 

(ii) the Patrol Commander will allow non-participating vessels to transit the event area between races; 

(iii) the minimal size of the zone; and 

(iv) 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                           ( print page 47533)                        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 Department of Homeland Security Management Directive 5100.1 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 under the Instruction 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. 

                    Under figure 2-1, paragraph (34)(h), of the Instruction, an “Environmental Analysis Checklist” and a “Categorical Exclusion Determination” are available in the docket where indicated under                     **ADDRESSES**                    .                 

# List of Subjects in 33 CFR Part 100

      - Marine safety
      - Navigation (water)
      - Reporting and recordkeeping requirements, and Waterways

Accordingly, the Coast Guard temporarily 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. Add a temporary § 100.35T-05-0789 to read as follows: 

§ 100.35T-05-0789 

                            (a)                             *Regulated area.*                             All waters of the Cape Fear River, adjacent to Wilmington, North Carolina, approximately 0.5 nautical miles north of the Cape Fear Memorial Bridge, starting from position latitude 34°14′24″ N, longitude 77°57′08″ W thence south along the east bank of the river to latitude 34°14′00″ N, longitude 77°56′58″ W, thence west to latitude 34°14′00″ N, longitude 77°57′05″ W, thence north along the west bank to latitude 34°14′24″ N, longitude 77°57′21″ W, thence east back to the point of origin. 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 person or 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 “Cape Fear Dragon Boat Festival” 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 persons or vessels authorized                                   ( print page 47534)                                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 instructed to do so by the Official Patrol and then proceed as directed. 

(ii) All persons and vessels shall comply with the instructions of the 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 race course. 

                            (d)                             *Enforcement period.*                             This section will be effective from 8 a.m. to 6 p.m. on September 27, 2008.                        

Dated: August 4, 2008. 

F.M. Rosa, Jr., 

Rear Admiral, U.S. Coast Guard, District Five Commander.

[FR Doc. E8-18789 Filed 8-13-08; 8:45 am] 

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