[Federal Register Volume 64, Number 180 (Friday, September 17, 1999)]
[Rules and Regulations]
[Pages 50448-50449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24255]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-99-079]
RIN 2115-AE46
Special Local Regulations for Marine Events; Neuse River Bridge
Dedication Fireworks Display, Neuse River, New Bern, North Carolina
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Temporary special local regulations are being adopted for the
Neuse River Bridge Dedication Fireworks Display, to be held September
17, 1999, over the waters of the Neuse River, New Bern, North Carolina.
These regulations are needed to protect spectator craft and other
vessels transiting the event area from the dangers associated with the
event. This action is intended to enhance the safety of life and
property during the event.
DATES: This temporary final rule is effective from 7:45 p.m. to 9:15
p.m. EDT (Eastern Daylight Time) on September 17, 1999 and September
18, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at Commander (Aoax), Fifth Coast Guard District,
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9:30 a.m.
and 2 p.m., Monday through Friday, except Federal holidays. The
telephone number is (757) 398-6204.
FOR FURTHER INFORMATION CONTACT: S.L. Phillips, Marine Events
Coordinator, Commander (Aoax), Fifth Coast Guard District, 431 Crawford
Street, Portsmouth, Virginia 23704-5004, telephone number (757) 398-
6204.
SUPPLEMENTARY INFORMATION:
Regulatory History
A notice of proposed rulemaking (NPRM) was not published for this
regulation. In keeping with 5 U.S.C. 553(B), the Coast Guard finds that
good cause exists for not publishing a NPRM. In keeping with the
requirements of 5 U.S.C. 553(d)(3), the Coast Guard also finds that
good cause exists for making this regulation effective less than 30
days after publication in the Federal Register. The Coast Guard
received confirmation of this request for special local regulations on
August 5, 1999. There were not sufficient time to publish a proposed
rule in advance of the event. Publishing a NPRM and delaying the
effective date of the regulation would be contrary to the public
interest, because immediate action is needed to protect vessel traffic
from the potential hazards associated with this event.
Background and Purpose
The City of New Bern will sponsor the Neuse River Bridge Dedication
fireworks display, to be held over the waters of the Neuse River, New
Bern, North Carolina. The event will consist of pyrotechnic displays
fired from a barge positioned in the Neuse River. A large fleet of
spectator vessels is anticipated. Due to the need for vessel control
during the fireworks displays, vessel traffic will be temporarily
restricted to provide for the safety of spectators and transiting
vessels.
Discussion of Regulations
The Coast Guard is establishing temporary special local regulations
on specified waters of the Neuse River. The temporary special local
regulations will be in effect from 7:45 p.m. to 9:15 p.m. EDT on
September 17, 1999 and will restrict general navigation in the
regulated areas during the event. If the event is postponed due to
weather conditions, the temporary special local regulations will be
effective from 7:45 p.m. to 9:15 p.m. EDT on September 18, 1999. Except
for persons or vessels authorized by the Coast Guard Patrol Commander,
no person or vessel may enter or remain in the regulated area. These
regulations are needed to control vessel traffic during the fireworks
display to enhance the safety of spectators and transiting vessels.
Regulatory Evaluation
This temporary final 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 temporary final
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
This conclusion is based on the fact that the regulated area will only
be in effect for a short period of time and extensive advisories will
be made to the affected maritime community so that they may adjust
their schedules accordingly.
[[Page 50449]]
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this temporary final rule will have a
significant economic impact on a substantial number of small entities.
Small Entities include 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.
Because this temporary final rule will only be in effect for a
short period of time and extensive advisories will be made to the
affected maritime community so that they may adjust their schedules
accordingly, the Coast Guard expects the impact of this temporary final
rule to be minimal.
Therefore, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary
final rule will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This temporary final rule does not provide for a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Federalism
The Coast Guard has analyzed this temporary final 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
temporary final rule and concluded that, under figure 2-1, paragraph
(34)(h) of Commandant Instruction M16475.1C, this rule is categorically
excluded from further environmental documentation. Special local
regulations issued in conjunction with a marine event are excluded
under that authority.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Regulation
In consideration of 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 ad
follows:
Authority: 33 U.S.C 1233 through 1236; 49 CFR 1.46 and 33 CFR
100.35.
2. A temporary section, Sec. 100.35-T05-079 is added to read as
follows:
Sec. 100.35-T05-079 Neuse River Bridge Dedication Fireworks Display,
Neuse River, New Bern, North Carolina.
(a) Regulated Area. The waters of the Neuse River enclosed within
the arc of a circle with a radius of 150 yards and with its center
located at latitude 35 deg.06'00'' North, longitude 077 deg.02'00''
West. All coordinates reference Datum NAD 1983.
(b) 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.
(c) Special Local Regulations. (1) All persons and vessels not
authorized as official patrol vessels are considered spectators. The
``official patrol'' consists of any Coast Guard, public, state, county
or local law enforcement vessels assigned and/or approved by Commander,
Coast Guard Group Fort Macon.
(2) Except for person or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in the
regulated area.
(3) The operator of any vessel in this area shall:
(i) Stop the vessel immediately when directed to do so by the
official patrol, including any commissioned, warrant, or petty officer
on board a vessel displaying a Coast Guard ensign.
(ii) Proceed as directed by the official patrol, including any
commissioned, warranted, or petty officer on board a vessel displaying
a Coast Guard ensign.
(d) Effective dates: This section is effective from 7:45 p.m. to
9:15 p.m. EDT (Eastern Daylight Time) on September 17, 1999. If the
event is postponed due to weather conditions, the regulated area is
effective from 7:45 p.m. to 9:45 to 9:15 p.m. EDT (Eastern Daylight
Time) on September 18, 1999.
Dated: September 2, 1999.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard, Commander Fifth Coast Guard District.
[FR Doc. 99-24255 Filed 9-16-99; 8:45 am]
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