[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Rules and Regulations]               
[Page 26017-26019]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my08-18]                         

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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.

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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 http://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]

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