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Special Local Regulations for Marine Events; Cape Fear River, Wilmington, NC
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: September 27, 2002 (Volume 67, Number 188)]
[Rules and Regulations]
[Page 60863-60865]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se02-9]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD05-02-075]
RIN 2115-AE46
Special Local Regulations for Marine Events; Cape Fear River, Wilmington, NC
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations for the ``Head of the Cape Fear Regatta'', a marine event
to be held over the waters of the Cape Fear River, Wilmington, 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 of the Cape Fear River
during the event.
DATE: This rule is effective from 7:30 a.m. to 5:30 p.m. on October 5,
2002.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket CGD05-02-075 and are available for
inspection or copying at Commander (Aoax), 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: S. L. Phillips, Project Manager,
Commander (Aoax), Fifth Coast Guard District, 431 Crawford Street,
Portsmouth, Virginia 23704-5004, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and 553(d)(3), the Coast Guard
finds that good cause exists for not publishing a NPRM and for making
this rule effective less than 30 days after publication in the Federal
Register. The event will be held on Saturday, October 5, 2002. There is
not sufficient time to allow for a notice and comment period, prior to
the event. Because of the danger posed by other vessels operating near
rowing shells competing within a confined area, special local
regulations are necessary to provide for the safety of event
participants, spectator craft and other vessels transiting the event
area. For the safety concerns noted, it is in the public interest to
have these regulations in effect during the event. In addition, advance
notifications will be made via the Local Notice to Mariners, marine
information broadcasts, and area newspapers.
Background and Purpose
On October 5, 2002, Riverfest Celebrations, Inc. will sponsor the
``Head of the Cape Fear Regatta'' on the waters of the Cape Fear River,
Wilmington, North Carolina. The event will consist of rowing shells
racing in heats of 30 against the clock along a 3-mile section of the
Cape Fear River. To provide for the safety of spectators and other
transiting vessels, the Coast Guard will temporarily restrict vessel
traffic in the event area during the event.
Discussion of Rule
The Coast Guard is establishing temporary special local regulations
on specified waters of the Cape Fear River. The regulated area includes
all waters of the Cape Fear River from the Cape Fear Memorial Bridge
upriver to the Seaboard Coast Line Railroad Bridge at Navassa Turning
Basin. The temporary special local regulations will be in effect from
7:30 a.m. to 5:30 p.m. on October 5, 2002. The effect will be to
restrict general navigation in the regulated area during the event.
Except for persons or vessels authorized by the Coast Guard Patrol
Commander, no person or vessel may enter or remain in the regulated
area. The Patrol Commander will allow non-participating vessels to
transit the regulated area at slow speed between heats when safe to do
so. These
[[Page 60864]]
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 Transportation
(DOT) (44 FR 11040; February 26, 1979).
Although this rule prevents traffic from transiting a portion of
the Cape Fear River during the event, the effect of this rule 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 the Local Notice to Mariners, marine
information broadcasts, and area newspapers so mariners can adjust
their plans accordingly.
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
or anchor in the effected portions of the Cape Fear River during the
event.
Although this rule prevents traffic from transiting a portion of
the Cape Fear River during the event, the effect of this rule will not
be significant because of 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 the Local Notice to Mariners, marine
information broadcasts, and area newspapers 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 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 concern 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that, under figure 2-1, paragraphs (34)(h) and (35)(a) of
Commandant Instruction M16475.1D, this rule is categorically excluded
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. A ``Categorical Exclusion Determination'' is available
in the docket where indicated under ADDRESSES.
[[Page 60865]]
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; 49 CFR 1.46.
2. From 7:30 a.m. to 5:30 p.m. on October 5, 2002, add a temporary
Sec. 100.35-T05-075 to read as follows:
Sec. 100.35-T05-075 Cape Fear River, Wilmington, North Carolina.
(a) Definitions.
(1) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the Coast Guard who has
been designated by the Commander, Coast Guard Group Fort Macon.
(2) Official Patrol. The Official Patrol is any commissioned,
warrant, or petty officer of the Coast Guard on board a vessel
displaying a Coast Guard ensign.
(b) Regulated area. All waters of the Cape Fear River from
shoreline to shoreline, bounded to the north by the Seaboard Coast Line
Railroad Bridge at Navassa Turning Basin and bounded to the south by
the Cape Fear Memorial Bridge.
(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 shall:
(i) Stop the vessel immediately when directed to do so by any
official patrol.
(ii) Proceed as directed by any official patrol.
(d) Enforcement period. This section will be enforced from 7:30
a.m. to 5:30 p.m. on October 5, 2002.
Dated: September 19, 2002.
A.E. Brooks,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 02-24635 Filed 9-26-02; 8:45 am]
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