[Federal Register Volume 71, Number 109 (Wednesday, June 7, 2006)]
[Rules and Regulations]
[Pages 32836-32838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8857]



[[Page 32836]]

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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 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: This rule is effective from July 1, 2006 through July 5, 2006.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD05-06-015) and are available for inspection or 
copying at Commander (dpi), Fifth Coast Guard District, 431 Crawford 
Street, Portsmouth, Virginia 23704-5004, Room 119, 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:

Regulatory Information

    On March 22, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; Onslow 
Bay, Beaufort Inlet, Morehead City State Port, Beaufort Harbor and 
Taylor Creek, NC in the Federal Register (71 FR 14428). We received no 
letters commenting on the proposed rule. No public meeting was 
requested, and none was held.

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 Comments and Changes

    The Coast Guard did not receive comments in response to the notice 
of proposed rulemaking (NPRM) published in the Federal Register. 
Accordingly, the Coast Guard is establishing temporary special local 
regulations on specified waters of Onslow Bay, Beaufort Inlet, Morehead 
City State Port, Beaufort Harbor and Taylor Creek, North Carolina.

Regulatory Evaluation

    This temporary 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 rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    Although this temporary 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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this temporary 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 rule 
would not have a significant economic impact on a substantial number of 
small entities. This temporary 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 temporary rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons. This 
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

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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 temporary 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 temporary rule calls 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 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

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

Indian Tribal Governments

    This temporary rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it will 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 temporary 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

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

List of Subjects in 33 CFR Part 100

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


0
For the reasons discussed in the preamble, the Coast Guard amends 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: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.1.

0
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]39'36'' N, longitude 
076[deg]37'52'' W, thence southerly to a position at latitude

[[Page 32838]]

34[deg]37'52'' N, longitude 076[deg]37'52'' W, thence westerly to a 
position at latitude 34[deg]37'36'' N, longitude 076[deg]40'17'' W, 
thence southerly to a position at latitude 34[deg]36'50'' N, longitude 
076[deg]40'42'' W, thence westerly to a position at latitude 
34[deg]36'57'' N, longitude 076[deg]41'25'' W, thence northerly 
parallel to Beaufort Inlet Channel to latitude 34[deg]40'37'' N, 
longitude 076[deg]40'32'' W, thence northeasterly to latitude 
34[deg]41'21'' N longitude 076[deg]40'11'' W, thence northwesterly 
parallel to Cutoff Channel to latitude 34[deg]41'43'' N, longitude 
076[deg]40'21'' W, thence northwesterly parallel to Morehead City 
Channel to latitude 34[deg]42'46'' N, longitude 076[deg]42'02'' W, 
thence westerly to latitude 34[deg]42'46'' N, longitude 076[deg]42'12'' 
W, thence northerly to latitude 34[deg]42'54'' N, longitude 
076[deg]42'13'' W, thence easterly along Morehead City State Port berth 
seven, six, five and four to latitude 34[deg]42'52'' N, longitude 
076[deg]41'33'' W, thence southeasterly to latitude 34[deg]42'35'' N, 
longitude 076[deg]41'20'' W, thence southeasterly parallel to Morehead 
City Channel to latitude 34[deg]42'19'' N, longitude 076[deg]40'49'' W 
at the entrance to Beaufort Harbor Channel, thence along the western 
bank of Beaufort Harbor Channel to latitude 34[deg]42'54'' W, longitude 
076[deg]40'44'' W, thence easterly to the southern tip of Pivers 
Island, latitude 34[deg]42'54'' N, longitude 076[deg]40'24'' W, thence 
northerly along the shoreline of Pivers Island to latitude 
34[deg]43'08'' N, longitude 076[deg]40'19'' W, thence northerly to 
intersection of the Beaufort Bascule Bridge and the shoreline at 
latitude 34[deg]43'21'' N, longitude 076[deg]40'12'' W, thence 
northerly along the shoreline to latitude 34[deg]43'38'' N, longitude 
076[deg]40'17'' W, thence northwesterly to latitude 34[deg]43'47'' N 
longitude 076[deg]40'22'' W, thence northeasterly to latitude 
34[deg]43'55'' N, longitude 076[deg]40'15'' W, thence southerly along 
then shoreline to latitude 34[deg]43'42'' N, longitude 076[deg]40'04'' 
W, thence southerly parallel to Gallants Channel to the intersection of 
the Beaufort Bascule Bridge and the shoreline at latitude 
34[deg]43'21'' N, longitude 076[deg]40'05'' W, thence southerly to 
Beaufort Waterfront at latitude 34[deg]43'07'' N, longitude 
076[deg]40'10'' W, thence southeasterly along Beaufort waterfront to 
latitude 34[deg]42'57'' N, longitude 076[deg]39'55'' W, thence south to 
Carrot Island latitude 34[deg]42'45'' N, longitude 076[deg]39'55'' W, 
thence westerly following the shore line of Carrot Island to latitude 
34[deg]42'31'' W, longitude 076[deg]40'44'' W, thence southeasterly to 
latitude 34[deg]41'50'' N, longitude 076[deg]40'08'' W, thence 
southerly to the western tip of Shackleford Banks at latitude 
34[deg]41'18'' N, longitude 076[deg]39'57'' W, thence southerly to 
latitude 34[deg]40'30'' N, longitude 076[deg]39'50'' W, thence 
southerly parallel to Beaufort Inlet Channel to latitude 34[deg]39'35'' 
N, longitude 076[deg]40'00'' 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]40'36'' N, longitude 
076[deg]41'00'' W, thence westerly parallel to Bogue Banks to latitude 
34[deg]40'21'' N, longitude 076[deg]52'12'' W, thence southwesterly to 
latitude 34[deg]39'00'' N 076[deg]53'06'' W, thence southeasterly to 
latitude 34[deg]33'18'' N, longitude 076[deg]42'33'' W, thence 
northeasterly to latitude 34[deg]34'18'' N, longitude 076[deg]41'27'' 
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 
these 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.

    Dated: May 19, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-8857 Filed 6-6-06; 8:45 am]
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