[Federal Register Volume 72, Number 157 (Wednesday, August 15, 2007)]
[Rules and Regulations]
[Pages 45639-45641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15925]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. CGD05-07-059]
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 5 p.m. on September 23, 
2007.

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 CGD05-07-059 and are available for inspection or 
copying at Commander (dpi), Fifth Coast Guard District, Room 415, 431 
Crawford Street, Portsmouth, Virginia 23704 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 13, 2007, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulation for Marine Event, Bogue Sound, 
Morehead City, North Carolina in the Federal Register (72 FR 32567). We 
received no letters commenting on the proposed rule. No public meeting 
was requested, and none was held.

Background and Purpose

    On September 23, 2007, 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 power boats 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. 
Accordingly, the Coast Guard is establishing temporary special local 
regulations on specified waters of the Bogue Sound, Morehead City, NC.

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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. Although this 
regulation prevents traffic from transiting a portion of Morehead City 
State Port Turning Basin, sections of the Intra-Coastal Waterway and 
Morehead City Channel during the event, the effect of this regulation 
will not be significant due to the limited duration that the regulated 
area will be in effect. Extensive advance notification will 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 will 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 will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of

[[Page 45640]]

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 5 p.m. on September 23, 2007. This 
proposed rule would not have a significant economic impact on 
substantial number of small entities for the following reasons. 
Although the regulated area will apply to the Morehead City Channel, 
Morehead City Turning Basin and a two-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 may 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 shall proceed at the minimum speed necessary to 
maintain a safe course that minimizes wake near the race course. The 
Patrol Commander will allow non-participating vessels to transit the 
event area between races. Before the enforcement period, we will 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 the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    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). 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 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 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 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 does not create an 
environmental risk to health or risk to safety that may 
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 does 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 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 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.
    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:

[[Page 45641]]

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.


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2. Add a temporary Sec.  100.35-T05-059 to read as follows:


Sec.  100.35-T05-059  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. (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) The operator of a vessel in the regulated area shall stop the 
vessel immediately when instructed to do so by the Official Patrol and 
then proceed as directed.
    (iv) 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 5 p.m. on September 23, 2007.

    Dated: August 6, 2007.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
 [FR Doc. E7-15925 Filed 8-14-07; 8:45 am]
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