[Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
[Rules and Regulations]
[Pages 59232-59233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29413]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-98-093]
RIN 2115-AE46


Special Local Regulations for Marine Events; Blackbeard's Bounty 
Festival Pirate Attack, Bogue Sound, Morehead City, North Carolina

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Temporary special local regulations are being adopted for the 
Blackbeard's Bounty Festival Pirate Attack to be held in the waters of 
Bogue Sound, between the Morehead City waterfront and Sugar Loaf 
Island, 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, event participants, and transiting vessels.

EFFECTIVE DATE: This regulation is effective from 1:30 p.m. to 6 p.m. 
on November 7, 1998.

FOR FURTHER INFORMATION CONTACT:
Petty Officer Matheny, Marine Events Coordinator, Commander, Coast 
Guard Group Fort Macon, P.O. Box 237, Atlantic Beach, North Carolina 
28512-0237, telephone number (252) 247-4570.

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 the event was not received until October 9, 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 the participants in this event.

[[Page 59233]]

Background and Purpose

    On November 7, 1998, the Morehead City Downtown Revitalization 
Committee will sponsor the Blackbeard's Bounty Festival Pirate Attack 
in the waters of Bogue Sound, between the Morehead City waterfront and 
Sugar Loaf Island. The event will consist of a mock pirate attack, with 
simulated cannon fire and pyrotechnic displays. 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 Bogue Sound, between the Morehead City 
waterfront and Sugar Loaf Island. The temporary special local 
regulations will be in effect from 1:30 p.m. to 6 p.m. on November 7, 
1998. Except for participants in the Blackbeard's Bounty Festival 
Pirate Attack and vessels authorized by the Coast Guard Patrol 
Commander, no person or vessel may enter or remain in the regulated 
area without the permission of the Patrol Commander.

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 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory procedures of DOT is unnecessary. Since 
the regulations will only be in effect for a short period, 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 Section 605(b) of the Regulatory Flexibility Act 
(5 U.S.C. 601-612) 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-T05-093 is added to read as follows:


Sec. 100.35-T05-093  Bogue Sound Morehead City, North Carolina.

    (a) Definitions:
    (1) Regulated area: The waters of Bogue Sound between the Morehead 
City waterfront and Sugar Loaf Island from shoreline to shoreline, 
bounded on the west by a line drawn along longitude 76 deg.43'00'' West 
and bounded on the east by a line drawn along longitude 76 deg.42'30'' 
West. 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 participants in the Blackbeard's Bounty Festival 
Pirate Attack and vessels authorized by the Coast Guard Patrol 
Commander, no person or vessel may enter or remain in the regulated 
area without the permission of the Patrol Commander.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (ii) Proceed as directed by 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 
1:30 p.m. to 6 p.m. on November 7, 1998.

    Dated: October 21, 1998.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 98-29413 Filed 11-2-98; 8:45 am]
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