[Federal Register: April 12, 2007 (Volume 72, Number 70)]
[Proposed Rules]
[Page 18424-18426]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap07-28]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-07-027]
RIN 1625-AA08
Special Local Regulations for Marine Events; Pasquotank River,
Elizabeth City, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish special local
regulations for the ``Carolina Cup Regatta'', a power boat 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 on the Pasquotank River
adjacent to Elizabeth City, North Carolina during the power boat race.
DATES: Comments and related material must reach the Coast Guard on or
before May 14, 2007.
ADDRESSES: You may mail comments and related material to Commander
Fifth Coast Guard District (dpi), 431 Crawford Street, Portsmouth,
Virginia 23704-5004, hand-deliver them to Room 415 at the same address
between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays, fax them to (757)391-8149, or e-mail them to
Dennis.M.Sens@uscg.mil. The Inspections and Investigations Branch,
Fifth Coast Guard District, maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at the above address between 9 a.m. and 2 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: CWO Humphrey, Marine Event
Coordinator, Coast Guard Sector North Carolina at (252)247-4525.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD05-07-
027], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the address under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
[[Page 18425]]
Background and Purpose
On June 9 and 10, 2007, the Virginia Boat Racing Association will
sponsor the ``Carolina Cup Regatta'', on the waters of the Pasquotank
River. The event will consist of approximately 60 inboard hydroplanes
racing in heats counter clockwise 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 participants, spectators and transiting vessels.
Discussion of Proposed Rule
The Coast Guard purposes to establish temporary special local
regulations on specified waters on the Pasquotank River adjacent to
Elizabeth City, North Carolina. The regulated area includes a section
of the Pasquotank River approximately one mile long and bounded in
width by each shoreline. This rule would be enforced from 7 a.m. to 7
p.m. on June 9 and 10, 2007, and would restrict general navigation in
the regulated area during the power boat race. The Coast Guard, at its
discretion, when practical would allow the passage of vessels when
races are not taking place. Except for participants and vessels
authorized by the Coast Guard Patrol Commander, no person or vessel
would be allowed to enter or remain in the regulated area during the
enforcement period.
Regulatory Evaluation
This proposed 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
proposed regulation would prevent traffic from transiting a portion of
the Pasquotank River adjacent to Elizabeth City, North Carolina during
the event, the effects of this regulation would not be significant due
to the limited duration that the regulated area would be in effect.
Extensive advance notifications would be made to the maritime community
via Local Notice to Mariners, marine information broadcast, and area
newspapers, so mariners can adjust their plans accordingly. Vessel
traffic would 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 proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed 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 purposed 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 a.m. to 7 p.m. on
June 9 and 10, 2007. The regulated area will apply to a segment of the
Pasquotank River adjacent to the Elizabeth City waterfront. 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Coast Guard at the address
listed under ADDRESSES. 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 proposed rule would call 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 proposed 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 proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
[[Page 18426]]
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination 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, we believe that this rule should
be 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 that section.
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. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
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 proposes
to amend 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 temporary Sec. 100.35-T05-027 to read as follows:
Sec. 100.35-T05-027 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 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[min]54[sec] N., longitude
076[deg]12[min]00[sec] W., thence southwesterly to latitude
36[deg]17[min]35[sec] N., longitude 076[deg]12[min]18[sec] 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
``Carolina Cup Regatta'' 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 person or vessel may enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area shall:
(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) 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 a.m.
to 7 p.m. on June 9 and 10, 2007.
Dated: March 29, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-6939 Filed 4-11-07; 8:45 am]
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