Special Local Regulations for Marine Events; Pasquotank River, Elizabeth City, NC, 31360-31363 [E8-12154]
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Federal Register / Vol. 73, No. 106 / Monday, June 2, 2008 / Rules and Regulations
assessment of anticipated costs and
benefits, before proposing ‘‘any rule that
includes any Federal mandate that may
result in the expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100,000,000
or more (adjusted annually for inflation)
in any one year.’’ The current threshold
after adjustment for inflation is $127
million, using the most current (2006)
Implicit Price Deflator for the Gross
Domestic Product. FDA does not expect
this direct final rule to result in any 1year expenditure that would meet or
exceed this amount.
VII. How Does the Paperwork
Reduction Act of 1995 Apply to This
Direct Final Rule?
This final rule contains information
collection provisions that are subject to
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (the PRA) (44
U.S.C. 3501–3520). The collections of
information addressed in the direct final
rule have been approved by OMB in
accordance with the PRA under the
regulations governing labeling of
medical devices (21 CFR part 801, OMB
control number 0910–0485).
VIII. What are the Federalism Impacts
of This Direct Final Rule?
FDA has analyzed this direct final
rule in accordance with the principles
set forth in Executive Order 13132. FDA
has determined that the rule does not
contain policies that have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Accordingly, the
agency has concluded that the rule does
not contain policies that have
federalism implications as defined in
the Executive order and, consequently,
a federalism summary impact statement
is not required.
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IX. How Do You Submit Comments on
This Direct Final Rule?
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) written or electronic
comments regarding this direct final
rule. Submit a single copy of electronic
comments or two paper copies of any
mailed comments, except that
individuals may submit one paper copy.
Comments are to be identified with the
docket number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
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Please note that on January 15, 2008,
the FDA Division of Dockets
Management Web site transitioned to
the Federal Dockets Management
System (FDMS). FDMS is a
Government-wide, electronic docket
management system. Electronic
comments or submissions will be
accepted by FDA through FDMS only.
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 21 CFR Part 801
Special Local Regulations for Marine
Events; Pasquotank River, Elizabeth
City, NC
Incorporation by reference, Labeling,
Medical devices, Reporting and
recordkeeping requirements.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 801 is
amended as follows:
■
PART 801—LABELING
1. The authority citation for 21 CFR
part 801 continues to read as follows:
■
Authority: 21 U.S.C. 321, 331, 351, 352,
360i, 360j, 371, 374.
2. Section 801.420 is amended by
revising the second and third sentences
of and adding a new fourth sentence to
paragraph (c)(4) introductory text and
by removing paragraph (d) to read as
follows:
■
§ 801.420 Hearing aid devices;
professional and patient labeling.
*
*
*
*
*
(c) * * *
(4) * * * The determination of
technical data values for the hearing aid
labeling shall be conducted in
accordance with the test procedures of
the American National Standard
‘‘Specification of Hearing Aid
Characteristics,’’ ANSI S3.22–2003
(Revision of ANSI S3.22–1996)
(Includes April 2007 Erratum). The
Director of the Office of the Federal
Register approves this incorporation by
reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies are
available from the Standards Secretariat
of the Acoustical Society of America,
120 Wall St., New York, NY 10005–
3993, or are available for inspection at
the Regulations Staff, CDRH (HFZ–215),
FDA, 1350 Piccard Dr., rm. 150,
Rockville, MD 20850, or at the National
Archives and Records Administration
(NARA). * * *
*
*
*
*
*
Dated: May 19, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and
Planning.
[FR Doc. E8–11910 Filed 5–30–08; 8:45 am]
BILLING CODE 4160–01–S
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Coast Guard
33 CFR Part 100
[Docket No. USCG–2008–0414]
RIN 1625–AA08
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing special local regulations for
the ‘‘Carolina Cup Regatta’’, a powerboat
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 of the
Pasquotank River adjacent to Elizabeth
City, North Carolina during the
powerboat races.
DATES: This rule is effective from 7:30
a.m. on June 6, through 6:30 p.m., June
8, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0414 and are available online at https://
www.regulations.gov. They are also
available for inspection or copying at
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 the Fifth Coast Guard District,
Office of Prevention, Room 416, 431
Crawford Street, Portsmouth, VA 23704
between 10 a.m. and 2 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Dennis Sens, Project Manager,
Fifth Coast Guard District, Prevention
Division, (757) 398–6204 or e-mail at
Dennis.M.Sens@uscg.mil. 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
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(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. Publishing an
NPRM would be impracticable and
contrary to public interest since
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 with sufficient time to
publish an NPRM. The danger posed by
powerboat racing makes special local
regulations necessary to provide for the
safety of 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. The Coast Guard
will issue broadcast notice to mariners
to advise vessel operators of
navigational restrictions. On scene Coast
Guard and local law enforcement
vessels will also provide actual notice to
mariners.
Under 5 U.S.C. 553(d)(3) and for the
same reasons, 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 public interest, because
immediate action is needed to ensure
the safety of the event participants,
spectator craft and other vessels
transiting the event area. However
advance notification will be made to
users of the Pasquotank River, via
marine information broadcasts, Local
Notice to Mariners, commercial radio
stations and local area newspapers.
Background and Purpose
On June 6, 7, and 8, 2008, the Virginia
Boat Racing Association will sponsor
the ‘‘Carolina Cup Regatta’’, on the
waters of the Pasquotank River. The
event will consist of approximately 75
inboard hydroplanes racing in counter
clockwise heats 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 event participants,
spectators and transiting vessels.
Discussion of Rule
The Coast Guard is establishing a
special local regulation on specified
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waters of the Pasquotank River,
Elizabeth City, North Carolina. The
special local regulations include all
waters from shoreline to shoreline,
bound to the west by the Elizabeth City
Draw Bridge and on the east by a line
originating at a point along the shoreline
at latitude 36[deg]17’54’’ N, longitude
076[deg]12’00’’ W, thence southwesterly
to latitude 36[deg]17’35’’ N, longitude
076[deg]12’18’’ W at Cottage Point. All
coordinates reference Datum NAD 1983.
The special local regulation will be in
effect from 7:30 a.m. to 6:30 p.m., June
6 through June 8, 2008. The effect will
be to restrict general navigation in the
regulated area during the power boat
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
band radio safety broadcast. These
regulations are needed to control vessel
traffic during the event to enhance the
safety of event 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. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
Although this regulation restricts
vessel traffic from transiting a segment
of the Pasquotank 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 and the extensive advance
notifications that will be made to the
maritime community via marine
information broadcasts, commercial
radio stations and local area newspapers
so mariners can adjust their plans
accordingly.
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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 affects 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 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 a.m. to 6:30 p.m. on June 6, 7 and
8, 2008. The regulated area will apply
to a segment of the Pasquotank River
adjacent to Elizabeth City. 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.
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
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
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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.
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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
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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.
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
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 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)(h), of the Instruction, from further
environmental documentation. Special
local regulations issued in conjunction
with a regatta or marine event permit
are specifically excluded from further
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List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, and Waterways.
Words of Issuance and Regulatory Text
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—REGATTAS AND MARINE
PARADES
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35–T05–
0414 to read as follows:
■
Technical Standards
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analysis and documentation under those
sections.
Under figure 2–1, paragraph (34)(h),
of the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
§ 100.35–T05–0414
Elizabeth City, NC.
Pasquotank River,
(a) Regulated area. The regulated area
is established for the waters of the
Pasquotank River, adjacent to Elizabeth
City, NC, from shoreline to shoreline,
bound on the west by the Elizabeth City
Draw Bridge and bound on the east by
a line originating at a point along the
shoreline at latitude 36[deg]17’54’’ N,
longitude 076[deg]12’00’’ W, thence
southwesterly to latitude 36[deg]17’35’’
N, longitude 076[deg]12’18’’ 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 2008 Carolina Cup
Regatta power boat race 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 must: (i) Stop the vessel
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immediately when directed to do so by
any Official Patrol.
(ii) Proceed as directed by any 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 event area.
(d) Enforcement period. (1) This
section will be enforced from 7:30 a.m.
to 6:30 p.m. on June 6, 7, and 8, 2008
and if the event’s daily activities should
conclude prior to 6:30 p.m.,
enforcement of this regulation may be
terminated for that day at the discretion
of the Patrol Commander.
(2) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue
marine information broadcast on VHFFM marine band radio announcing
specific event dates and times.
Dated: May 21, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E8–12154 Filed 5–30–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0341]
RIN 1625–AA00
Safety Zone; Piscataqua River,
Portsmouth, NH, and Kittery, ME;
Frontier Sentinel 2008
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is
establishing temporary moving safety
zones around Coast Guard and Navy
vessels as well as five fixed safety zones
off to the west and south of Gerrish
Island, south of Kittery Point, east of
Jaffrey Point, and east of Odiornes Point
during the Frontier Sentinel Exercise on
the Piscataqua River, a homeland
security exercise that will involve
underwater equipment and operations.
This rule will establish multiple fixed
and moving safety zones that will be
enforced from 8 a.m. to 5 p.m. daily on
June 9, 2008 through June 12, 2008 from
the General Sullivan Bridge, U.S. Route
16 to one mile seaward of the Red
‘‘2KR’’ buoy at the mouth of the river.
This action is necessary to protect
federal, state, and local assets (including
unmanned underwater vehicles (UUV))
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and others in the maritime community
from the safety hazards that may arise
from this large scale exercise.
DATES: This rule is effective from 8 a.m.
on June 9, 2008 through 5 p.m. on June
12, 2008.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2008–0341 and are
available online at www.regulations.gov.
This material is also available for
inspection or copying at 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 U.S.
Coast Guard Sector Northern New
England, 259 High Street, South
Portland, ME 04106 between the hours
of 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
LTJG Kevin Miller at (207) 741–5431.
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 a NPRM. In
conjunction with preparations for this
exercise, the U.S. Navy and Coast Guard
were not able to finalize the exercise
scope, location, and timetables until
April 23, 2008. Therefore, publishing of
a proposed rule was not feasible.
Nonetheless, the temporary
establishment of the safety zones
established by this rule is in the public
interest.
For the same reasons, 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.
Immediately implementing this rule
promotes the public interest by
protecting the maritime public and
agency participants on the Piscataqua
River during Frontier Sentinel 2008.
Background and Purpose
This rule establishes five fixed safety
zones as well as moving safety zones for
the duration of the exercise. The rule is
necessary to protect the federal, state,
local, and public entities on the
Piscataqua River during Frontier
Sentinel 2008, a large scale mine
countermeasures exercise. The exercise
area will encompass all waters of the
Piscataqua River from the General
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31363
Sullivan Bridge, U.S. Route 16, seaward
to one mile past the Red ‘‘2KR’’ buoy at
the mouth of the river. Within this
exercise area, there will be numerous
federal, state, and local vessels
participating with divers and unmanned
underwater vehicles (UUV). The UUV’s
will be monitored by Coast Guard,
Navy, or state patrol vessels, designated
with the blue and white Alpha (Diver
Down) Flag.
Discussion of Rule
The five fixed safety zones will be
established where continuous diving
operations will take place during the
hours of the exercise. These fixed safety
zones will be located near Gerrish
Island, Kittery Point, Jaffrey Point, and
Odiornes Point. The five temporary
fixed safety zones will be enforced
between the hours of 8 a.m. to 5 p.m.
on June 9, 2008 through June 12, 2008:
All waters on the Piscataqua River
enclosed by a box starting from a point
located south of Kittery Point at latitude
43[deg]04’41’’ N, longitude
70[deg]43’03’’ W; thence to latitude
43[deg]04’36’’ N, longitude
70[deg]43’02’’ W; thence to latitude
43[deg]04’40’’ N, longitude
70[deg]42’34’’ W; thence to latitude
43[deg]04’45’’ N, longitude
70[deg]42’36’’ W; thence to the point of
beginning.
All waters on the Piscataqua River
enclosed by a box starting from a point
located east of Jaffrey Point at latitude
43[deg]03’48’’ N, longitude
70[deg]42’36’’ W; thence to latitude
43[deg]03’15’’ N, longitude
70[deg]42’39’’ W; thence to latitude
43[deg]03’15’’ N, longitude
70[deg]42’21’’ W; thence to latitude
43[deg]03’48’’ N, longitude
70[deg]42’28’’ W; thence to the point of
beginning.
All waters on the Piscataqua River
enclosed by a box starting from a point
located west of Gerrish Island at latitude
43[deg]04’32’’ N, longitude
70[deg]42’09’’ W; thence to latitude
43[deg]04’13’’ N, longitude
70[deg]42’05’’ W; thence to latitude
43[deg]03’55’’ N, longitude
70[deg]42’04’’ W; thence to latitude
43[deg]03’59’’ N, longitude
70[deg]41’53’’ W; thence to latitude
43[deg]04’15’’ N, longitude
70[deg]41’56’’ W; thence to the point of
beginning.
All waters on the Piscataqua River
enclosed by a box starting from a point
located east of Odiornes Point at
latitude 43[deg]03’05’’ N, longitude
70[deg]42’45’’ W; thence to latitude
43[deg]02’32’’ N, longitude
70[deg]42’33’’ W; thence to latitude
43[deg]02’40’’ N, longitude
E:\VIC\02JNR1.LOC
02JNR1
]]>Agencies
[Federal Register Volume 73, Number 106 (Monday, June 2, 2008)]
[Rules and Regulations]
[Pages 31360-31363]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12154]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-0414]
RIN 1625-AA08
Special Local Regulations for Marine Events; Pasquotank River,
Elizabeth City, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing special local regulations for
the ``Carolina Cup Regatta'', a powerboat 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 of the Pasquotank River adjacent to
Elizabeth City, North Carolina during the powerboat races.
DATES: This rule is effective from 7:30 a.m. on June 6, through 6:30
p.m., June 8, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0414 and are available online
at https://www.regulations.gov. They are also available for inspection
or copying at 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
the Fifth Coast Guard District, Office of Prevention, Room 416, 431
Crawford Street, Portsmouth, VA 23704 between 10 a.m. and 2 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Dennis Sens, Project Manager, Fifth Coast Guard
District, Prevention Division, (757) 398-6204 or e-mail at
Dennis.M.Sens@uscg.mil. 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)
[[Page 31361]]
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. Publishing an NPRM would be impracticable
and contrary to public interest since 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 with sufficient time to publish an
NPRM. The danger posed by powerboat racing makes special local
regulations necessary to provide for the safety of 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. The Coast Guard will issue broadcast notice to mariners to
advise vessel operators of navigational restrictions. On scene Coast
Guard and local law enforcement vessels will also provide actual notice
to mariners.
Under 5 U.S.C. 553(d)(3) and for the same reasons, 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 public interest, because immediate
action is needed to ensure the safety of the event participants,
spectator craft and other vessels transiting the event area. However
advance notification will be made to users of the Pasquotank River, via
marine information broadcasts, Local Notice to Mariners, commercial
radio stations and local area newspapers.
Background and Purpose
On June 6, 7, and 8, 2008, the Virginia Boat Racing Association
will sponsor the ``Carolina Cup Regatta'', on the waters of the
Pasquotank River. The event will consist of approximately 75 inboard
hydroplanes racing in counter clockwise heats 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 event participants, spectators and transiting vessels.
Discussion of Rule
The Coast Guard is establishing a special local regulation on
specified waters of the Pasquotank River, Elizabeth City, North
Carolina. The special local regulations include all waters from
shoreline to shoreline, bound to the west by the Elizabeth City Draw
Bridge and on the east by a line originating at a point along the
shoreline at latitude 36[deg]17'54'' N, longitude 076[deg]12'00'' W,
thence southwesterly to latitude 36[deg]17'35'' N, longitude
076[deg]12'18'' W at Cottage Point. All coordinates reference Datum NAD
1983. The special local regulation will be in effect from 7:30 a.m. to
6:30 p.m., June 6 through June 8, 2008. The effect will be to restrict
general navigation in the regulated area during the power boat 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 band radio safety
broadcast. These regulations are needed to control vessel traffic
during the event to enhance the safety of event 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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
Although this regulation restricts vessel traffic from transiting a
segment of the Pasquotank 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 and the extensive advance
notifications that will be made to the maritime community via marine
information broadcasts, commercial radio stations and local 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 affects 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 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 a.m. to 6:30
p.m. on June 6, 7 and 8, 2008. The regulated area will apply to a
segment of the Pasquotank River adjacent to Elizabeth City. 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.
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 Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you
[[Page 31362]]
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 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 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)(h), of the Instruction, from further environmental
documentation. Special local regulations issued in conjunction with a
regatta or marine event permit are specifically excluded from further
analysis and documentation under those sections.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
Words of Issuance and Regulatory Text
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--REGATTAS AND MARINE PARADES
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. 100.35-T05-0414 to read as follows:
Sec. 100.35-T05-0414 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, bound on the west by the Elizabeth City Draw
Bridge and bound on the east by a line originating at a point along the
shoreline at latitude 36[deg]17'54'' N, longitude 076[deg]12'00'' W,
thence southwesterly to latitude 36[deg]17'35'' N, longitude
076[deg]12'18'' 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 2008
Carolina Cup Regatta power boat race 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
[[Page 31363]]
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 directed to do so by any Official Patrol.
(ii) Proceed as directed by any 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 event area.
(d) Enforcement period. (1) This section will be enforced from 7:30
a.m. to 6:30 p.m. on June 6, 7, and 8, 2008 and if the event's daily
activities should conclude prior to 6:30 p.m., enforcement of this
regulation may be terminated for that day at the discretion of the
Patrol Commander.
(2) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
Dated: May 21, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-12154 Filed 5-30-08; 8:45 am]
BILLING CODE 4910-15-P
