[Federal Register Volume 71, Number 158 (Wednesday, August 16, 2006)]
[Rules and Regulations]
[Pages 47094-47096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13511]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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: This rule is effective from 9 a.m. to 4 p.m. on September 24, 
2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (CGD05-06-057) and are available for 
inspection or copying at Commander (dpi), Fifth Coast Guard District, 
431 Crawford Street, Portsmouth, Virginia 23704-5004, 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:

Regulatory Information

    On June 20, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulation for Marine Event; Bogue 
Sound, Morehead City, NC'' in the Federal Register (71 FR 35404). We 
received no letters commenting on the proposed rule. On June 28, 2006, 
a public meeting was held at U.S. Coast Guard Sector North Carolina 
base, Atlantic Beach, NC.

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 Comments and Changes

    The Coast Guard did not receive comments in response to the notice 
of proposed rulemaking (NPRM) published in the Federal Register. 
Additionally, the Coast Guard did not receive substantive comments at 
the public meeting held on June 28, 2006, at Atlantic Beach, NC. 
Accordingly, the Coast Guard is establishing temporary special local 
regulations on waters of Bogue Sound specified in our proposed rule 
including the Morehead City Turning Basin, sections of the Intracoastal 
Waterway, and Morehead City Channel at Morehead City, North Carolina.

Regulatory Evaluation

    This 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 Bogue Sound including the Morehead City Turning Basin, 
sections of the Intracoastal Waterway, and Morehead City Channel 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

[[Page 47095]]

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 of safety deemed necessary. Vessel traffic would 
be able to transit the regulated area between heats, when the Coast 
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 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 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 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

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

Taking of Private Property

    This 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 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 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 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 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

[[Page 47096]]

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 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.

List of Subjects in 33 CFR Part 100

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

0
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

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. From 9 a.m. to 4 p.m. on September 24, 2006, add a temporary Sec.  
100.35T-05-057 to read as follows:


Sec.  100.35T-05-057  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]40'52'' 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. The following definitions apply to this section; 
(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: August 4, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
 [FR Doc. E6-13511 Filed 8-15-06; 8:45 am]
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