[Federal Register Volume 71, Number 118 (Tuesday, June 20, 2006)]
[Proposed Rules]
[Pages 35404-35406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5536]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-06-057]
RIN 1625-AA08


Special Local Regulation for Marine Event, Bogue Sound, Morehead 
City, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary special local 
regulations for the ``Crystal Coast Super Boat Grand Prix'', a power 
boat race to be held on the waters of Bogue Banks adjacent to Morehead 
City, NC. These special local regulations are necessary to provide for 
the safety of life on navigable waters during the event. This action is 
intended to restrict vessel traffic in the Morehead City Turning Basin 
including sections of the Intra-Coastal Waterways and Morehead City 
Channel during the power boat race.

DATES: Comments and related material must reach the Coast Guard on or 
before July 20, 2006.

ADDRESSES: You may mail comments and related material to: Commander 
(dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia, 23704-5004, or 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, or e-mail them to 
[email protected].
    The Inspections and Investigations 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 Federal 
Building Fifth Coast Guard District between 9 a.m. and 2 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: CWO Christopher Humphrey, Prevention 
Department, Sector North Carolina, at (252) 247-4525 or via e-mail to 
[email protected].

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-06-
057), 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

    The Coast Guard will hold a public meeting to provide a forum for 
citizens to provide oral comments relating to the ``Crystal Coast Super 
Boat Grand Prix'', a power boat race to be held on the waters of Bogue 
Banks adjacent to Morehead City, NC. The meeting will be open to the 
public.
    This public meeting will be on Wednesday, June 28, 2006, from 6 
p.m. to 9 p.m. The meeting may close early if all business is finished. 
Written material and requests to make oral presentations should reach 
the Coast Guard on or before June 26, 2006.
    The Coast Guard public meeting will be held at the U.S. Coast Guard 
Sector North Carolina base, 2301 East Fort Macon Road, Atlantic Beach, 
NC. Send written material and requests to make oral presentations to 
CWO Christopher Humphrey, Commander, U.S. Coast Guard Sector North 
Carolina, Prevention Department, 2301 East Fort Macon Road, Atlantic 
Beach, NC, 28512-5633.
    The meeting agenda includes the following:
    (a) Introduction of panel members.
    (b) Overview of meeting format.
    (c) Background on proposed marine event.
    (d) Statements from citizens. Statements may be delivered in 
written form at the public meeting and made part of the docket or 
delivered orally not to exceed 10 minutes.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the meeting, contact 
the meeting coordinator, CWO Christopher Humphrey, as soon as possible.

Background and Purpose

    On September 24, 2006, the Super Boat International Productions 
Inc. will sponsor the ``Crystal Coast Super Boat Grand Prix, on the 
waters of Bogue Sound including the Morehead City Turning Basin, 
sections of the Intra-Coastal Waterway, and Morehead City Channel at 
Morehead City, North Carolina. The event will consist of approximately 
35 powerboats participating in two high-speed competitive races, 
traveling counter-clockwise around a race course. A fleet of spectator 
vessels are expected to gather near the event site to view the 
competition. To provide for the safety of participants, spectators and 
other transiting vessels, the Coast Guard will temporarily restrict 
vessel traffic in the event area during the races.

Discussion of Proposed Rule

    The Coast Guard is proposing to establish this special local 
regulation on specified waters of Bogue Sound. The regulation would be 
enforced from 9 a.m. to 4 p.m. on September 24, 2006. The effect of the 
regulation would be to restrict general navigation in the regulated 
area during the races. Except for persons or vessels authorized by the 
Coast Guard Patrol Commander, no person or vessel would be allowed to 
enter or remain in the regulated area. Non-participating vessels would 
be allowed to transit the regulated area between races, when the Coast 
Guard Patrol Commander determines it is safe to do so. 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). The Coast Guard expects the economic impact of 
this rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DHS is 
unnecessary. Although this regulation would prevent traffic from 
transiting a portion of the Pasquotank River during the event, the 
effect of this regulation would not be significant due to the limited 
duration that the regulated area would be in effect and the extensive 
advance notification that would be made to the maritime community via 
marine information broadcast, local radio stations and area newspapers 
so mariners can adjust their plans accordingly. Additionally, the 
regulated area has been narrowly tailored to impose the least impact on 
general navigation yet provide the level

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of safety deemed necessary. Vessel traffic would be able to transit the 
regulated area between heats, when the Coat Guard Patrol Commander 
deems it is safe to do so.

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 rule would affect the following 
entities, some of which may be small entities: The owners or operators 
of vessels intending to transit this section of Bogue Sound including 
the Morehead City Turning Basin, Atlantic Intra-Coastal waterway and 
Morehead City Channel from 9 a.m. to 4 p.m. on September 24, 2006. This 
purposed rule would not have a significant economic impact on 
substantial number of small entities for the following reasons: 
Although the regulated area would apply to the Morehead City Channel, 
Morehead City Turning Basin and a 2 mile segment of the Atlantic Intra-
coastal Waterway, south and west of the Highway 70 Bridge, from 
approximately mile 204 of the Atlantic Intra-coastal Waterway to mile 
206, traffic would be allowed to pass through the regulated area with 
the permission of the Coast Guard Patrol Commander. In the case where 
the Patrol Commander authorizes passage through the regulated area 
during the event, vessels would be required to proceed at the minimum 
speed necessary to maintain a safe course that minimizes wake near the 
race course. The Patrol Commander would allow non-participating vessels 
to transit the event area between races. Before the enforcement period, 
we would 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 (Public Law 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 U.S. Coast Guard Sector North 
Carolina, listed at the beginning of this rule. 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 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect 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.

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Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD and Department of Homeland Security Management Directive 
5100.1, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination 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, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(h), of the 
Instruction, from further environmental documentation. Under figure 2-
1, paragraph (34)(h), of the Instruction, an ``Environmental Analysis 
Check List'' is 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 set out in the preamble, the Coast Guard amends 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. From 9 a.m. to 4 p.m. on September 24, 2006, add a temporary 
Sec.  100.35-T05-057 to read as follows:


Sec.  100.35-T05-057  Bogue Sound, Morehead City, North Carolina.

    (a) Regulated area. The regulated area is established for the 
waters of Bogue Sound, adjacent to Morehead City, NC, from the southern 
tip of Sugar Loaf Island approximate position latitude 34[deg]42'55'' N 
longitude 076[deg]42'48'' W, thence westerly to Morehead City Channel 
Daybeacon 7 (LLNR 38620), thence southwest along the channel line to 
Bogue Sound Light 4 (LLRN 38770), thence southerly to Causeway Channel 
Daybeacon 2 (LLNR 38720), thence southeasterly to Money Island 
Daybeacon 1 (LLNR 38645), thence easterly to Eight and One Half Marina 
Daybeacon 2 (LLNR 38685), thence easterly to the western most shoreline 
of Brant Island approximate position latitude 34[deg]42'36'' N 
longitude 076[deg]42'11'' W, thence northeasterly along the shoreline 
to Tombstone Point approximate position latitude 34[deg]42'14'' N 
longitude 076[deg]41'20'' W, thence southeasterly to the east end of 
the pier at Coast Guard Sector North Carolina approximate position 
latitude 34[deg]42'00'' N longitude 076[deg]40'5'' W, thence easterly 
to Morehead City Channel Buoy 20 (LLNR 29427), thence northerly to 
Beaufort Harbor Channel LT 1BH (LLNR 34810), thence northwesterly to 
the southern tip of Radio Island approximate position latitude 
34[deg]42'22'' N longitude 076[deg]40'52'' W, thence northerly along 
the shoreline to approximate position latitude 34[deg]43'00'' N 
longitude 076[deg]41'25'' W, thence westerly to the North Carolina 
State Port Facility, thence westerly along the State Port to the 
southwest corner approximate position latitude 34[deg]42'55'' N 
longitude 076[deg]42'12'' W, thence westerly to the southern tip of 
Sugar Loaf Island the point of origin. All coordinates reference Datum 
NAD 1983.
    (b) Definitions. (1) Coast Guard Patrol Commander means a 
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 assigned or approved 
by Commander, Coast Guard Sector North Carolina with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant includes all vessels participating in the ``Crystal 
Coast Super Boat Grand Prix'' 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 persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area must: (i) Stop 
the vessel immediately when directed to do so by any Official Patrol 
and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (iii) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the race course.
    (d) Enforcement period. This section will be enforced from 9 a.m. 
to 4 p.m. on September 24, 2006.

    Dated: May 27, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 06-5536 Filed 6-15-06; 2:43 pm]
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