
[Federal Register: August 14, 2008 (Volume 73, Number 158)]
[Rules and Regulations]               
[Page 47531-47534]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au08-4]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2008-0789]
RIN 1625-AA08

 
Special Local Regulation; Cape Fear Dragon Boat Festival, 
Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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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

[[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[deg]14'24'' N, 
longitude 77[deg]57'08'' W thence south along the east bank of the 
river to latitude 34[deg]14'00'' N, longitude 77[deg]56'58'' W, thence 
west to latitude 34[deg]14'00'' N, longitude 77[deg]57'05'' W, thence 
north along the west bank to latitude 34[deg]14'24'' N, longitude 
77[deg]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

[[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.


0
Accordingly, the Coast Guard temporarily 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. Add a temporary Sec.  100.35T-05-0789 to read as follows:


Sec.  100.35T-05-0789  Special Local Regulation, Cape Fear Dragon Boat 
Festival.

    (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[deg]14'24'' N, longitude 77[deg]57'08'' W thence south along the 
east bank of the river to latitude 34[deg]14'00'' N, longitude 
77[deg]56'58'' W, thence west to latitude 34[deg]14'00'' N, longitude 
77[deg]57'05'' W, thence north along the west bank to latitude 
34[deg]14'24'' N, longitude 77[deg]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

[[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]

BILLING CODE 4910-15-P
