[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Proposed Rules]
[Pages 14428-14432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4089]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-06-015]
RIN 1625-AA08


Special Local Regulations for Marine Events; Onslow Bay, Beaufort 
Inlet, Morehead City State Port, Beaufort Harbor and Taylor Creek, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local 
regulations during the ``Pepsi Americas' Sail 2006'', tall ships parade 
and race to be held on Onslow Bay, Beaufort Inlet, inland waters of the 
Morehead City State Port and Beaufort Waterfront. This special local 
regulation is necessary to provide for the safety of life on navigable 
waters during the event. This proposed action is intended to restrict 
vessel traffic in segments of coastal North Carolina in the vicinity of 
Onslow Bay, Beaufort Inlet, inland waters of Morehead City State Port 
and Beaufort Harbor during the parade of sail and tall ship race.

DATES: Comments and related material must reach the Coast Guard on or 
before April 21, 2006.

ADDRESSES: You may mail comments and related material to Commander 
(oax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, hand-deliver them to Room 119 at the same address 
between 9 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays, or fax them to (757) 398-6203. The Auxiliary and Recreational 
Boating Safety Branch, Fifth Coast Guard District, maintains the public 
docket for this rulemaking. Comments and material received from the 
public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at the above address between 9 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: CWO C.D. Humphrey, U.S. Coast Guard 
Sector North Carolina, at (252) 247-4525.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you

[[Page 14429]]

do so, please include your name and address, identify the docket number 
for this rulemaking (CGD05-06-015), indicate the specific section of 
this document to which each comment applies, and give the reason for 
each comment. Please submit all comments and related material in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying. If you would like to know they reached us, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period. We may change 
this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the address listed under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Background and Purpose

    During the period 30 June to July 5, 2006, Pepsi Americas' Sail 
2006 LLC will host the North Carolina port call of the ``Pepsi 
Americas' Sail 2006''. A parade of sails and tall ships racing event 
are planned during this period to be conducted on the waters adjacent 
to Onslow Bay, Beaufort Inlet and the inland waters of Morehead City 
State Port and Beaufort Harbor, North Carolina. The first event will be 
the ``Tall Ships Parade of Sails'' on July 1, 2006 that will commence 
in Anchorage Area ``ALFA'' as depicted on NOAA Chart 11545 ``Beaufort 
Inlet and Part of Core Sound'', and will enter Beaufort Inlet Channel 
at Beaufort Inlet Channel Lighted Buoy 7 and Beaufort Inlet Channel 
Lighted Buoy 8, and will proceed inbound to the Morehead City State 
Port turning basin thence to Beaufort Harbor Channel to Beaufort Harbor 
waterfront. The second event will be the ``Tall Ships Race'', on July 
3, 2006 that will take place on Onslow Bay from Beaufort Inlet Channel 
and continuing west approximately 11 nautical miles to a line drawn 
along longitude 076-54' W. Because of the danger posed by numerous 
sailing vessels maneuvering in close proximity of each other during the 
proposed parade and race, special local regulations are necessary. For 
the safety concerns noted and to address the need for vessel control 
and vessel security, traffic will be temporarily restricted to provide 
for the safety of participants, spectators and transiting vessels.

Discussion of Proposed Rule

    The Coast Guard proposes to establish temporary special local 
regulations on specified waters of Onslow Bay, Beaufort Inlet Channel, 
Morehead City State Port, Beaufort Harbor Channel and Taylor Creek. The 
July 1, 2006 ``Tall Ships Parade of Sail'' consist of Class ``A'', 
``B'' and ``C'' tall ships participating in a carefully organized and 
highly publicized, international tall ship parade. The tall ship 
division of classes include Class ``A'', square-rigged vessels and all 
other vessels over 131 feet in length overall. Class ``B'' vessels are 
comprised of traditional rigged vessels with a length overall of less 
than 131 feet and with a waterline length of at least 30 feet. Class 
``C'' vessels are modern rigged vessels with a length overall of less 
than 131 feet and with a waterline length of at least 30 feet, not 
carrying spinnaker like sails. The parade will consist of tall ships 
maneuvering in a predetermined area within anchorage area ``ALFA'' 
immediately adjacent and east of Beaufort Inlet Channel Lighted Buoy 8 
and Beaufort Inlet Channel Lighted Buoy 10. The Ships will enter 
Beaufort Inlet Channel at Beaufort Inlet Lighted Buoy 7 and Beaufort 
Inlet Lighted Buoy 8, they will proceed inbound maintaining a 400 yard 
separation distance through Beaufort Inlet Channel to the Morehead City 
State Port turning basin, Class A ships will moor at the State Port 
facilities, Class B and C ships will reverse course and exit the 
turning basin enroute to Beaufort Harbor Channel and will moor at the 
Beaufort Waterfront on Taylor Creek. A fleet of spectator vessels is 
anticipated to gather nearby to view the parade. Because of the danger 
posed by numerous sailing vessels maneuvering in close proximity of 
each other during the proposed marine event, special local regulations 
are necessary. For the safety concerns noted and to address the need 
for vessel control and vessel security, traffic will be temporarily 
restricted to provide for the safety of participants, spectators and 
transiting vessels. The duration of the proposed parade of sails is 
anticipated to be approximately five hours.
    The July 3, 2006 ``Tall Ships Race'' will consist of participation 
from the visiting international Class ``B'' tall ships. The race will 
be in a predetermined area immediately west of Beaufort Inlet Channel 
extending approximately 11 nautical miles to a line drawn along 
longitude 076-54' W. A fleet of spectator vessels is anticipated to 
gather nearby to view the race. Because of the danger posed by many 
sailing vessels maneuvering in close proximity of each other during the 
race, special local regulations are necessary. For the safety concerns 
noted and to address the need for vessel control, traffic will be 
temporarily restricted to provide for the safety of participants, 
spectators and transiting vessels. The duration of the proposed tall 
ships race is anticipated to be approximately six hours.
    The proposed temporary special local regulations will be enforced 
from 6:30 a.m. to 1 p.m. on July 1, 2006 for the ``Tall Ships Parade of 
Sails''; and from 10:30 a.m. to 5:30 p.m. on July 3, 2006 for the 
``Tall Ships Class B race''. These regulations will restrict general 
navigation in the regulated area during the marine events. The Coast 
Guard, at its discretion, when practical, will allow the passage of 
vessels when the parade or race is not taking place. Except for 
participants and vessels authorized by the Coast Guard Patrol 
Commander, no person or vessel will be allowed to enter or remain in 
the regulated area during the enforcement period. These regulations are 
needed to control vessel traffic during the event to enhance the safety 
of participants, spectators and transiting vessels.

Regulatory Evaluation

    This proposed 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. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    Although this proposed regulation will prevent traffic from 
transiting a segment of the Onslow Bay, Beaufort Inlet, Morehead City 
State Port and Beaufort Harbor during these events, the effect of this 
regulation will not be significant due to the limited duration that the 
regulated area will be enforced. Extensive advance notifications will 
be made to the maritime community via Local Notice to Mariners, marine 
information broadcasts, area newspapers and local radio stations, so 
mariners can adjust their plans accordingly.

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Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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. This proposed rule would affect the following 
entities, some of which might be small entities: The owners or 
operators of vessels intending to transit these sections of the Onslow 
Bay, Beaufort Inlet, Morehead City State Port, Beaufort Harbor Channel 
and Taylor Creek during these events.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons. This 
proposed rule would be in effect for only a limited period. Although 
the regulated area will apply to two separate segments within and 
around the waters of Onslow Bay, Beaufort Inlet, Morehead City State 
Port and Beaufort Harbor, traffic may be allowed to pass through the 
regulated areas with the permission of the Coast Guard Patrol 
Commander. In the case where the Patrol Commander authorizes passage 
through a regulated area during an event, vessels shall proceed at the 
minimum speed necessary to maintain a safe course that minimizes wake 
near the event. Although this regulation prevents traffic from 
transiting the Onslow Bay, Beaufort Inlet, Morehead City State port and 
Beaufort Harbor Bay during these event, the effect of this regulation 
will not be significant because of its limited duration. Before the 
enforcement period, the Coast Guard will 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.

Assistance for Small Entities

    Under 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 so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the address listed under 
ADDRESSES. The Coast Guard will not retaliate against small entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.1D, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969

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(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)(h), of the 
Instruction, from further environmental documentation. Special local 
regulations issued in conjunction with a regatta or marine parade 
permit are specifically excluded from further analysis and 
documentation under that section.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule. Comments on this 
section will be considered before we make the final decision on whether 
to categorically exclude this rule from further environmental review.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add a temporary Sec.  100.35-T06-015 to read as follows:


Sec.  100.35-T06-015  Onslow Bay, Beaufort Inlet, Morehead City State 
Port, Beaufort Harbor and Taylor Creek near Morehead City NC.

    (a) Regulated area includes two segments within and around the 
waters of the Onslow Bay, Beaufort Inlet, Morehead City Turning Basin, 
Beaufort Harbor and Taylor Creek North Carolina.
    (1) The first segment for the ``Parade of Sail'' is bounded by a 
line drawn from a position at latitude 34[deg]39[min]36[sec] N, 
longitude 076[deg]37[min]52[sec] W, thence southerly to a position at 
latitude 34[deg]37[min]52[sec] N, longitude 076[deg]37[min]52[sec] W, 
thence westerly to a position at latitude 34[deg]37[min]36[sec] N, 
longitude 076[deg]40[min]17[sec] W, thence southerly to a position at 
latitude 34[deg]36[min]50[sec] N, longitude 076[deg]40[min]42[sec] W, 
thence westerly to a position at latitude 34[deg]36[min]57[sec] N, 
longitude 076[deg]41[min]25[sec] W, thence northerly parallel to 
Beaufort Inlet Channel to latitude 34[deg]40[min]37[sec] N, longitude 
076[deg]40[min]32[sec] W, thence northeasterly to latitude 
34[deg]41[min]21'' N, longitude 076[deg]40[min]11[sec] W, thence 
northwesterly parallel to Cutoff Channel to latitude 
34[deg]41[min]43[sec] N, longitude 076[deg]40[min]21[sec] W, thence 
northwesterly parallel to Morehead City Channel to latitude 
34[deg]42[min]46[sec] N, longitude 076[deg]42[min]02[sec] W, thence 
westerly to latitude 34[deg]42[min]46[sec] N, longitude 
076[deg]42[min]12[sec] W, thence northerly to latitude 
34[deg]42[min]54[sec] N, longitude 076[deg]42[min]13'' W, thence 
easterly along Morehead City State Port berth seven, six, five and four 
to latitude 34[deg]42[min]52[sec] N, longitude 076[deg]41[min]33[sec] 
W, thence southeasterly to latitude 34[deg]42[min]35[sec] N, longitude 
076[deg]41[min]20[sec] W, thence southeasterly parallel to Morehead 
City Channel to latitude 34[deg]42[min]19[sec] N, longitude 
076[deg]40[min]49[sec] W at the entrance to Beaufort Harbor Channel, 
thence along the western bank of Beaufort Harbor Channel to latitude 
34[deg]42[min]54[sec] W, longitude 076[deg]40[min]44[sec] W, thence 
easterly to the southern tip of Pivers Island, latitude 
34[deg]42[min]54[sec] N, longitude 076[deg]40'24[sec] W, thence 
northerly along the shoreline of Pivers Island to latitude 
34[deg]43[sec]08'' N, longitude 076[deg]40[min]19[sec] W, thence 
northerly to intersection of the Beaufort Bascule Bridge and the 
shoreline at latitude 34[deg]43[min]21[sec] N, longitude 
076[deg]40[min]12[sec] W, thence northerly along the shoreline to 
latitude 34[deg]43[min]38[sec] N, longitude 076[deg]40[min]17'' W, 
thence northwesterly to latitude 34[deg]43[min]47[sec] N, longitude 
076[deg]40[min]22[sec] W, thence northeasterly to latitude 
34[deg]43[min]55[sec] N, longitude 076[deg]40[min]15[sec] W, thence 
southerly along the shoreline to latitude 34[deg]43[min]42[sec] N, 
longitude 076[deg]40[min]04[sec] W, thence southerly parallel to 
Gallants Channel to the intersection of the Beaufort Bascule Bridge and 
the shoreline at latitude 34[deg]43[min]21[sec] N, longitude 
076[deg]40[min]05[sec] W, thence southerly to Beaufort Waterfront at 
latitude 34[deg]43[min]07[sec] N, longitude 076[deg]40[min]10[sec] W, 
thence southeasterly along Beaufort waterfront to latitude 
34[deg]42[min]57[sec] N, longitude 076[deg]39[min]55[sec] W, thence 
south to Carrot Island latitude 34[deg]42[min]45[sec] N, longitude 
076[deg]39[min]55[sec] W, thence westerly following the shore line of 
Carrot Island to latitude 34[deg]42[min]31[sec] W, longitude 
076[deg]40[min]44[sec] W, thence southeasterly to latitude 
34[deg]41[min]50[sec] N, longitude 076[deg]40[min]08[sec] W, thence 
southerly to the western tip of Shackleford Banks at latitude 
34[deg]41[min]18[sec] N, longitude 076[deg]39[min]57[sec] W, thence 
southerly to latitude 34[deg]40[min]30[sec] N, longitude 
076[deg]39[min]50[sec] W, thence southerly parallel to Beaufort Inlet 
Channel to latitude 34[deg]39[min]35[sec] N, longitude 
076[deg]40[min]00[sec] W, thence east to the point of origin.
    (2) The second segment for the ``Tall Ships Race'' is bounded by a 
line drawn from a position at latitude 34[deg]40[min]36[sec] N, 
longitude 076[deg]41[min]00[sec] W, thence westerly parallel to Bogue 
Banks to latitude 34[deg]40[min]21[sec] N, longitude 
076[deg]52[min]12[sec] W, thence southwesterly to latitude 
34[deg]39[min]00[sec] N, longitude 076[deg]53[min]06[sec] W, thence 
southeasterly to latitude 34[deg]33[min]18[sec] N, longitude 
076[deg]42[min]33[sec] W, thence northeasterly to latitude 
34[deg]34[min]18[sec] N, longitude 076[deg]41[min]27[sec] W, thence 
northerly to the point of origin.
    (3) All coordinates reference Datum NAD 1983.
    (b) Definitions. (1) Coast Guard Patrol Commander means any 
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 person or vessel authorized by the 
Coast Guard Patrol Commander or approved by Commander, Coast Guard 
Sector North Carolina.
    (3) Participant includes all vessels participating in the Pepsi 
Americas' Sail 2006 under the auspices of the Marine Event Permit 
issued to the event sponsor and approved by Commander, Coast Guard 
Sector North Carolina.
    (c) Special local regulations. (1) Except for the Official Patrol, 
participants, and persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) Any person in the regulated area must stop immediately when 
directed to do so by any Official Patrol and then proceed only as 
directed.
    (3) The operator of any vessel in the regulated area must stop the 
vessel immediately when directed to do so by any Official Patrol and 
then proceed only as directed.
    (4) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (5) When authorized to transit within the regulated area, all 
vessels shall proceed at the minimum speed necessary to maintain a safe 
course that minimizes wake near the parade, race course and near other 
persons and vessels.
    (d) Enforcement period. This section will be enforced from 6:30 
a.m. to 1 p.m. on July 1, 2006, for the ``Parade of Sails''; and from 
10:30 a.m. to 5:30 p.m. on July 3, 2006 for the ``Tall Ships Race''. If 
the ``Tall Ships Race'' is postponed due to inclement weather, then the 
proposed temporary special local regulations will be enforced the same 
time period during one of the next two days, July 4, 2006 through July 
5, 2006.


[[Page 14432]]


    Dated: March 3, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-4089 Filed 3-21-06; 8:45 am]
BILLING CODE 4910-15-P