Safety Zone: Hatteras Boat Parade and Firework Display, Trent River, New Bern, NC, 26017-26019 [E8-10272]
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Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
§ 100.531
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[Removed]
Regulatory Information
31. Remove section 100.535.
§ 100.536
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30. Remove section 100.534.
§ 100.535
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29. Remove section 100.533.
§ 100.534
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28. Remove section 100.532.
§ 100.533
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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 rule, call C.
D. Humphrey, Marine Event
Coordinator, (252) 247–4569. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
27. Remove section 100.531.
§ 100.532
I
[Removed]
[Removed]
32. Remove section 100.536.
Dated: April 21, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E8–10229 Filed 5–7–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
RIN 1625–AA00
[Docket No. USCG–2008–0309]
Safety Zone: Hatteras Boat Parade and
Firework Display, Trent River, New
Bern, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard will
implement a safety zone during the
Hatteras Boat Parade and Firework
Display, a motor yacht parade to be held
on the waters of the Trent River, New
Bern, North Carolina. Vessel traffic in
portions on the Trent River adjacent to
New Bern, North Carolina, will be
restricted during the fireworks display.
DATES: This rule is effective May 30,
2008 from 7:30 p.m. to 9 p.m.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0309 and are available online at
https://www.regulations.gov. They are
also available for inspection or copying
two locations: 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,
and at Commander Sector North
Carolina, 2301 East Fort Macon Road,
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Jkt 214001
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Publishing
an NPRM would be impracticable and
contrary to public interest because
immediate action is needed to minimize
potential danger to the public during the
event. The necessary information to
determine whether the marine event
poses a threat to persons and vessels
was not provided to the Coast Guard in
sufficient time to publish an NPRM. The
potential dangers posed by the
pyrotechnic fireworks display, make a
safety zone necessary to provide for the
safety of spectator craft and other
vessels transiting the event area. The
Coast Guard will issue a broadcast
notice to mariners to advise mariners of
the restriction and on have on-scene
Coast Guard and local law enforcement
vessels.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date
would be contrary to the public interest,
because immediate action is needed to
ensure the safety of the event
participants, spectator craft and other
vessels transiting the event area.
Advance notifications will be made to
users of the Trent River, via marine
information broadcasts, local notice to
mariners, commercial radio stations and
area newspapers.
Background and Purpose
On May 30, 2008, Hatteras Yacht’s
will sponsor the ‘‘Hatteras Boat Parade
and Firework Display’’, on the waters of
the Trent River. The event will consist
of approximately nine motor Yachts
ranging from 41 to 80 feet in length
parading single file pass the Sheraton
Hotel and Marina. A small barge with
close proximity pyrotechnics will be
anchored near the Trent River Railroad
Bridge. Due to the need for vessel
control during the event, vessel traffic
will be temporarily restricted to provide
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26017
for the safety of participants, spectators
and transiting vessels.
Discussion of Rule
The Coast Guard is establishing a
safety zone on specified waters of the
Trent River, New Bern, North Carolina.
The safety zone includes all waters
within a 150 foot radius of position 35°
06′ 03″ N 077° 02′ 24″ W or
approximately one 100 yards east of the
center span of Trent River Railroad
Bridge, New Bern, North Carolina. The
safety zone will be in effect from 7:30
p.m. to 9 p.m. on May 30, 2008. The
effect will be to restrict general
navigation in the safety zone during the
fireworks display. Except for persons or
vessels authorized by the Coast Guard
Patrol Commander, no person or vessel
may enter or remain in the safety zone
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 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.
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 Trent River
adjacent to New Bern, North Carolina,
during the event, the effects of this
regulation would not be significant due
to the limited duration that the safety
zone 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 safety zone 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
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Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
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.
The owners or operators of vessels
intending to transit this section of the
Trent River will be impacted 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
7:30 p.m. to 9 p.m. on May 30, 2008.
The safety zone will apply to a segment
of the Trent River adjacent to the New
Bern waterfront. Marine traffic may be
allowed to pass through the safety zone
with the permission of the Coast Guard
Patrol Commander. In the case where
the Patrol Commander authorizes
passage through the safety zone during
the event, vessels will be required to
proceed at the minimum speed
necessary to maintain a safe course that
minimizes wake near the parade route.
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.
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.
pwalker on PROD1PC71 with RULES
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
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16:31 May 07, 2008
Jkt 214001
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
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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
Commandant Instruction M16475.lD
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have concluded 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)(g), of the
Instruction, from further environmental
documentation. A final ‘‘Environmental
Analysis Check List’’ and a final
‘‘Categorical Exclusion Determination’’
are available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
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Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
2. Add temporary 165.T–0309 to read
as follows:
DEPARTMENT OF HOMELAND
SECURITY
§ 165.T–0309
Carolina.
Coast Guard
I
Trent River, New Bern, North
(a) Safety Zone. The safety zone
includes all waters within a 150 feet
radius of position 35° 06′ 03″ North 077°
03′ 24″ West, approximately one
hundred yards east of the Trent River
Railroad Bridge, New Bern, North
Carolina. 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 ‘‘Hatteras Boat
Parade’’ under the auspices of the
Marine Event Permit issued to the event
sponsor and approved by Commander,
Coast Guard Sector North Carolina.
(c) Safety Zone. (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 safety zone.
(2) The Operator of any vessel in the
safety zone must:
(i) Stop the vessel immediately when
directed to do so by any Official Patrol
and then proceed only as directed.
(ii) Comply with the instructions of
the Official Patrol.
(iii) If authorized to proceed, proceed
at the minimum speed necessary to
maintain a safe course that minimizes
wake near the event site.
(d) Enforcement period. This section
will be enforced from 7:30 p.m. to 9
p.m. on May 30, 2008.
Dated: April 21, 2008.
June E. Ryan,
Captain, U.S. Coast Guard, Commander,
Sector North Carolina.
[FR Doc. E8–10272 Filed 5–7–08; 8:45 am]
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BILLING CODE 4910–15–P
VerDate Aug<31>2005
16:31 May 07, 2008
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33 CFR Part 165
[Docket No. USCG 2008–0275]
Safety Zone; Fourth of July Fireworks,
City of Monterey, Monterey, CA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
SUMMARY: The Coast Guard will enforce
the Fourth of July Fireworks Display
safety zone for the city of Monterey from
8 a.m. to 9:45 p.m. on July 4, 2008. This
action is necessary to control vessel
traffic and to ensure the safety of event
participants and spectators. During the
enforcement period, unauthorized
persons or vessels are prohibited from
entering into, transiting through, or
anchoring in the safety zone, unless
authorized by the Patrol Commander
(PATCOM).
The regulations in 33 CFR
165.1191 will be enforced from 8 a.m.
to 9:45 p.m. on July 4, 2008.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade Sheral
Richardson, Waterways Management
Branch, U.S. Coast Guard Sector San
Francisco, at (415) 399–7436.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone for
the annual Fourth of July Fireworks
Display for the city of Monterey in 33
CFR 165.1191 on July 4, 2008, from 8
a.m. to 9:45 p.m.
Under the provisions of 33 CFR
165.1191, unauthorized persons or
vessels are prohibited from entering
into, transiting through, or anchoring in
the safety zone during all applicable
effective dates and times, unless
authorized to do so by the PATCOM.
Additionally, each person who receives
notice of a lawful order or direction
issued by an official patrol vessel shall
obey the order of direction. The
PATCOM is empowered to forbid and
control the regulated area. The
PATCOM shall be designated by the
Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon
request, allow the transit of commercial
vessels through regulated areas when it
is safe to do so.
This notice is issued under authority
of 33 CFR 165.1191 and 5 U.S.C. 552(a).
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with extensive
advance notification of this enforcement
period via the Local Notice to Mariners.
DATES:
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26019
If the Captain of the Port determines
that the regulated area need not be
enforced for the full duration stated in
this notice, he or she may use a
Broadcast Notice to Mariners to grant
general permission to enter the
regulated area.
Dated: April 15, 2008.
D.J. Swatland,
Captain, U.S. Coast Guard, Acting Captain
of the Port, Sector San Francisco.
[FR Doc. E8–10276 Filed 5–7–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2007–0648; FRL–8563–6]
Approval and Promulgation of State
Implementation Plans; States of South
Dakota and Wyoming; Interstate
Transport of Pollution
Environmental Protection
Agency (EPA).
ACTION: Direct Final Rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve State Implementation
Plans (SIPs) submitted by the States of
South Dakota and Wyoming that
address interstate transport with respect
to the 1997 8-hour ozone and fine
particulate matter (PM2.5) National
Ambient Air Quality Standards. EPA
has determined that the Interstate
Transport declarations submitted by
South Dakota on May 15, 2007, and by
Wyoming on May 3, 2007, satisfy the
requirements of the Clean Air Act
section 110(a)(2)(D)(i) provisions, also
known as the ‘‘good neighbor’’
provisions, that a state SIP contain
adequate provisions prohibiting air
pollutant emissions from sources or
activities in the state from adversely
affecting another state. This action is
being taken under section 110 of the
Clean Air Act.
DATES: This rule is effective on July 7,
2008 without further notice, unless EPA
receives adverse comment by June 9,
2008. If adverse comment is received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2007–0648, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
E:\FR\FM\08MYR1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 90 (Thursday, May 8, 2008)]
[Rules and Regulations]
[Pages 26017-26019]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10272]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
RIN 1625-AA00
[Docket No. USCG-2008-0309]
Safety Zone: Hatteras Boat Parade and Firework Display, Trent
River, New Bern, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will implement a safety zone during the
Hatteras Boat Parade and Firework Display, a motor yacht parade to be
held on the waters of the Trent River, New Bern, North Carolina. Vessel
traffic in portions on the Trent River adjacent to New Bern, North
Carolina, will be restricted during the fireworks display.
DATES: This rule is effective May 30, 2008 from 7:30 p.m. to 9 p.m.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0309 and are available online
at https://www.regulations.gov. They are also available for inspection
or copying two locations: 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, and at Commander
Sector North Carolina, 2301 East Fort Macon Road, 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 rule,
call C. D. Humphrey, Marine Event Coordinator, (252) 247-4569. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
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), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM would be
impracticable and contrary to public interest because immediate action
is needed to minimize potential danger to the public during the event.
The necessary information to determine whether the marine event poses a
threat to persons and vessels was not provided to the Coast Guard in
sufficient time to publish an NPRM. The potential dangers posed by the
pyrotechnic fireworks display, make a safety zone necessary to provide
for the safety of spectator craft and other vessels transiting the
event area. The Coast Guard will issue a broadcast notice to mariners
to advise mariners of the restriction and on have on-scene Coast Guard
and local law enforcement vessels.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the public interest, because immediate action is needed
to ensure the safety of the event participants, spectator craft and
other vessels transiting the event area. Advance notifications will be
made to users of the Trent River, via marine information broadcasts,
local notice to mariners, commercial radio stations and area
newspapers.
Background and Purpose
On May 30, 2008, Hatteras Yacht's will sponsor the ``Hatteras Boat
Parade and Firework Display'', on the waters of the Trent River. The
event will consist of approximately nine motor Yachts ranging from 41
to 80 feet in length parading single file pass the Sheraton Hotel and
Marina. A small barge with close proximity pyrotechnics will be
anchored near the Trent River Railroad Bridge. 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 Rule
The Coast Guard is establishing a safety zone on specified waters
of the Trent River, New Bern, North Carolina. The safety zone includes
all waters within a 150 foot radius of position 35[deg] 06' 03'' N
077[deg] 02' 24'' W or approximately one 100 yards east of the center
span of Trent River Railroad Bridge, New Bern, North Carolina. The
safety zone will be in effect from 7:30 p.m. to 9 p.m. on May 30, 2008.
The effect will be to restrict general navigation in the safety zone
during the fireworks display. Except for persons or vessels authorized
by the Coast Guard Patrol Commander, no person or vessel may enter or
remain in the safety zone 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 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.
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 Trent River adjacent to New Bern, North Carolina, during the event,
the effects of this regulation would not be significant due to the
limited duration that the safety zone 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 safety zone 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
[[Page 26018]]
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.
The owners or operators of vessels intending to transit this
section of the Trent River will be impacted 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 7:30 p.m. to 9 p.m.
on May 30, 2008. The safety zone will apply to a segment of the Trent
River adjacent to the New Bern waterfront. Marine traffic may be
allowed to pass through the safety zone with the permission of the
Coast Guard Patrol Commander. In the case where the Patrol Commander
authorizes passage through the safety zone during the event, vessels
will be required to proceed at the minimum speed necessary to maintain
a safe course that minimizes wake near the parade route. 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.
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.
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 Commandant Instruction M16475.lD
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded 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)(g), of the Instruction, from further environmental
documentation. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' are available in the
docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
[[Page 26019]]
0
2. Add temporary 165.T-0309 to read as follows:
Sec. 165.T-0309 Trent River, New Bern, North Carolina.
(a) Safety Zone. The safety zone includes all waters within a 150
feet radius of position 35[deg] 06' 03'' North 077[deg] 03' 24'' West,
approximately one hundred yards east of the Trent River Railroad
Bridge, New Bern, North Carolina. 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
``Hatteras Boat Parade'' under the auspices of the Marine Event Permit
issued to the event sponsor and approved by Commander, Coast Guard
Sector North Carolina.
(c) Safety Zone. (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 safety zone.
(2) The Operator of any vessel in the safety zone must:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol and then proceed only as directed.
(ii) Comply with the instructions of the Official Patrol.
(iii) If authorized to proceed, proceed at the minimum speed
necessary to maintain a safe course that minimizes wake near the event
site.
(d) Enforcement period. This section will be enforced from 7:30
p.m. to 9 p.m. on May 30, 2008.
Dated: April 21, 2008.
June E. Ryan,
Captain, U.S. Coast Guard, Commander, Sector North Carolina.
[FR Doc. E8-10272 Filed 5-7-08; 8:45 am]
BILLING CODE 4910-15-P
