Ports and waterways safety: Cape Fear River, NC; safety zone,

[Federal Register: December 24, 1998 (Volume 63, Number 247)]

[Rules and Regulations]

[Page 71219-71220]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr24de98-9]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-98-106]

RIN 2115-AE46

Special Local Regulations for Marine Events; Cape Fear River, Wilmington, North Carolina

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Temporary special local regulations are being adopted for the marine event ``Countdown on the Cape Fear,'' a fireworks display to be held on the waters of the Cape Fear River, Wilmington, North Carolina. These special local regulations are necessary to control vessel traffic in the immediate vicinity of this event. The effect will be to restrict general navigation in the regulated area for the safety of spectators, and transiting vessels.

EFFECTIVE DATE: This regulation is effective from 11:30 p.m. on December 31, 1998 to 12:30 a.m. on January 1, 1999.

FOR FURTHER INFORMATION CONTACT: Petty Officer Matheny, Marine Events Coordinator, Commander, Coast Guard Group Fort Macon, Atlantic Beach, North Carolina 28512-0237, telephone number (252) 247-2570.

SUPPLEMENTARY INFORMATION:

Regulatory History

In accordance with 5 U.S.C. 553, a notice of proposed rulemaking was not published for this regulation and good cause exists for making it effective in less than 30 days from the date of publication. Following normal rulemaking procedures would have been impractical. The request to hold this event was not received until November 20, 1998. Publishing a notice of proposed rulemaking and delaying its effective date would be contrary to safety interests, since immediate action is needed to minimize potential danger to spectator craft and other vessel traffic transiting the event area.

Background and Purpose

On December 31, 1998, the City of Wilmington will sponsor the ``Countdown on the Cape Fear.'' The event will consist of a fireworks display fired from the USS North Carolina on the waters of the Cape Fear River, Wilmington, North Carolina. These temporary special local regulations are necessary to provide for the safety of life and property on navigable waters during the event.

Discussion of Regulations

The Coast Guard will establish temporary special local regulations on specified waters of the Cape Fear River. The regulated area will be approximately 800 yards long centered along the position of the USS North Carolina Memorial. The temporary special local regulations will be effective from 11:30 p.m. on December 31, 1998 to 12:30 a.m. on January 1, 1999, and will restrict general navigation in the regulated area during the event. Except for persons or vessels authorized by the Coast Guard Patrol

[[Page 71220]]

Commander, no person or vessel may enter or remain in the regulated area.

Regulatory Evaluation

This rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that order. It has been exempted from review by the Office of Management and Budget under that order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the economic impact of this rule to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. Since the regulations will only be in effect for one hour, the impacts on routine navigation are expected to be minimal.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast Guard must consider whether this rule will have a significant economic impact on a substantial number of small entities. ``Small entities'' include independently owned and operated small businesses that are not dominant in their field and that otherwise qualify as ``small business concerns'' under section 3 of the Small Business Act (15 U.S.C. 632). Because it expects the impact of this rule to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this temporary final rule will not have a significant economic impact on a substantial number of small entities.

Collection of Information

These regulations contain no collection of information requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

The Coast Guard has analyzed this rule under the principles and criteria contained in Executive Order 12612 and has determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule and concluded that, under figure 2-1, paragraph (34)(h) of COMDTINST M16475.1C, this rule is categorically excluded from further environmental documentation. Special local regulations issued in conjunction with a regatta or marine parade are excluded under that authority.

List of Subjects in 33 CFR Part 100

Marine Safety, Navigation (water), Reporting and recordkeeping requirements, Waterways.

Temporary Regulations

In consideration of the foregoing, Part 100 of Title 33, Code of Federal Regulations is amended as follows:

PART 100--[AMENDED]

1. The authority citation for Part 100 continues to read as follows:

   Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

2. A temporary section 100.35-T05-106 is added to read as follows:

   Sec. 100.35-T05-106 Cape Fear River, Wilmington, North Carolina.

   (a) Definitions:

   (1) Regulated Area. The waters of the Cape Fear River from shoreline to shoreline, bounded on the north by a line drawn along latitude 34 deg.14.4' North and bounded on the south by a line drawn along latitude 34 deg.14.0' North. All coordinates reference Datum NAD 1983.

   (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander is a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Commander, Coast Guard Group Fort Macon.

   (b) Special Local Regulations:

   (1) Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area.

   (2) The operator of any vessel in this area shall:

   (i) Stop the vessel immediately when directed to do so by any official patrol, including any commissioned, warrant, or petty officer on board a vessel displaying a Coast Guard ensign.

   (ii) Proceed as directed by any official patrol, including any commissioned, warrant, or petty officer on board a vessel displaying a Coast Guard ensign.

   (c) Effective Dates. This temporary final rule is effective from 11:30 p.m. on December 31, 1998 to 12:30 a.m. on January 1, 1999.

   Dated: December 8, 1998. Roger T. Rufe, Jr., Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.

   [FR Doc. 98-34133Filed12-23-98; 8:45 am]

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