Proposed Rule2025-06370
Special Local Regulation; Neuse and Trent Rivers, New Bern, NC
Primary source
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Published
April 15, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish special local regulations (SLR) to provide for the safety of human life on certain waters of the Neuse and Trent Rivers during raft races to be held annually in New Bern, NC on select Saturdays in June. This proposed rulemaking would restrict non-participant access within the designated race area unless authorized by the Captain of the Port (COTP), Sector North Carolina or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 90 Issue 71 (Tuesday, April 15, 2025)</title>
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[Federal Register Volume 90, Number 71 (Tuesday, April 15, 2025)]
[Proposed Rules]
[Pages 15673-15675]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06370]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0180]
RIN 1625-AA08
Special Local Regulation; Neuse and Trent Rivers, New Bern, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish special local
regulations (SLR) to provide for the safety of human life on certain
waters of the Neuse and Trent Rivers during raft races to be held
annually in New Bern, NC on select Saturdays in June. This proposed
rulemaking would restrict non-participant access within the designated
race area unless authorized by the Captain of the Port (COTP), Sector
North Carolina or a designated representative. We invite your comments
on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 15, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0180 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LCDR Carl Hendrickson, Waterways
Management, U.S. Coast Guard Sector North Carolina; telephone 571-610-
2601, email <a href="/cdn-cgi/l/email-protection#90f4a0a5bde3fdf2bde3f5f3fef3bdfdf1e2f9fef5f5e6f5fee4e3d0e5e3f3f7befdf9fc"><span class="__cf_email__" data-cfemail="84e0b4b1a9f7e9e6a9f7e1e7eae7a9e9e5f6edeae1e1f2e1eaf0f7c4f1f7e7e3aae9ede8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, North Carolina
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. Section
SLR Special Local Regulations
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The New Bern Area Chamber of Commerce has sponsored annual raft
races on the navigable waters of the Neuse and Trent Rivers near New
Bern, NC for six of the past seven years. These events involve numerous
participants, homemade rafts, and multiple spectators operating within
a concentrated area. Because of the inherent safety concerns arising
from the complexity of these events, the COTP has previously issued
marine permits imposing conditions on the event sponsor.
In recognition of the sponsor's intent to continue holding these
events annually on select Saturdays in June, the Coast Guard is
proposing to establish a permanent SLR. This SLR would establish
navigation restrictions subject to enforcement during the specific
dates and times of scheduled raft races. Further information about
enforcement notification that would apply to this SLR is already set
out at 33 CFR 100.501(g). The Coast Guard is proposing this rulemaking
under authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish a SLR which would be subject to
enforcement annually on the 1st, 2nd, 3rd, or 4th Saturday in June. The
SLR would cover all navigable waters of the Neuse and Trent River on a
predetermined course near Union Point in New Bern, NC. This
predetermined course is detailed in the proposed regulatory text below.
The period during which the safety zone would be subject to enforcement
would not exceed eight hours and it would be timed to ensure the safety
of human life on navigable waters before, during, and after the race.
No non-participant vessel or person would be permitted to enter this
area without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action'' under section 3(f) of Executive Order 12866.
Accordingly, the NPRM has not been
[[Page 15674]]
subject to review by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration of the enforcement period, and time-of-day of the
safety zone. Restrictions on the affected portions of the Neuse and
Trent Rivers will be of limited duration and they are necessary for the
safety of human life of participants and spectators of this event, as
well as for the safety of non-participants who might otherwise be
transiting through the regulated area. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the special local regulations, and the rule would allow vessels to seek
permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
designated race area may be small entities, for the reasons stated in
section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
In the spirit of section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist
small entities in understanding this proposed rule. If the proposed
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect 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. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have Tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian Tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that does not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a special
local regulation lasting 6.5 hours prohibiting entry in the designated
race area. Normally, such actions are categorically excluded from
further review under paragraph L61 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2025-0188 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic,
[[Page 15675]]
inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. In Sec. 100.501, amend Table 4 to paragraph (i)(4) by adding an
entry, following the entry for the event titled ``The Crossing,'' for
``The Great Trent Raft Race'' to read as follows.
Sec. 100.501 Special Local Regulations; Marine Events Within the
Fifth Coast Guard District.
* * * * *
(i) * * *
(4) * * *
Table 4 to Paragraph (i)(4)
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Enforcement \1\
Event Regulated area period(s) Sponsor
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* * * * * * *
The Great Trent Raft Race..... All navigable waters of the Neuse and Any Saturday in New Bern Area
Trent River encompassed by a line June. Chamber of
connecting the following points beginning Commerce.
at 35[deg]6.250' N 77[deg]2.067' W;
thence to 35[deg]6.183' N 77[deg]2.083'
W, thence to 35[deg]6.167' N
77[deg]2.217' W, thence to 35[deg]6.100'
N 77[deg]2.233' W, thence to
35[deg]6.083' N 77[deg]2.017' W, thence
to 35[deg]6.233' N 77[deg]1.983' W, and
back to the beginning point. This area is
near Union Point in New Bern, NC.
* * * * * * *
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T.J. List,
CAPT, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2025-06370 Filed 4-14-25; 8:45 am]
BILLING CODE 9110-04-P
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