[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Rules and Regulations]
[Pages 29647-29649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12377]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0168]
RIN 1625-AA00


Safety Zone; Big Rock Blue Marlin Air Show; Bogue Sound, Morehead 
City, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary Safety Zone for 
the ``Big Rock Blue Marlin Air Show,'' an aerial demonstration to be 
held over the waters of Bogue Sound, adjacent to Morehead City, North 
Carolina. This Safety Zone is necessary to provide for the safety of 
life on navigable waters during the event. This action is intended to 
restrict vessel traffic on the Intracoastal Waterway and Bogue Sound 
adjacent to Morehead City, North Carolina.

DATES: This rule is effective from 7 p.m. to 8 p.m. on June 11, 2011.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-0168 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-0168 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail BOSN3 Joseph M. Edge, Prevention 
Department, Coast Guard Sector North Carolina; telephone 252-247-4525, 
e-mail [email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 5, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; Big Rock Blue Marlin Air Show; Bogue 
Sound, Morehead City, NC in the Federal Register (33 CFR part 165). We 
received no comments on the proposed rule. No public meeting was 
requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date would 
be contrary to the public interest, since immediate action is needed to 
ensure the safety of the event participants, patrol vessels, spectator 
craft and other vessels transiting the event area. However, the Coast 
Guard will provide advance notifications to users of the effected 
waterways via marine information broadcasts, local notice to mariners, 
commercial radio stations and area newspapers.

Background and Purpose

    On June 11, 2011 from 7 p.m. to 8 p.m., the Big Rock Blue Marlin 
Tournament will sponsor the ``Big Rock Blue Marlin Air Show'' 
consisting of an aerial demonstration to take place directly above the 
waters of Bogue Sounds including the waters of the Intracoastal 
Waterway adjacent to Morehead City, North Carolina. To provide for the 
safety of the spectators and other transiting vessels, the Coast Guard 
will temporarily restrict vessel traffic in the area during this event.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone that will 
restrict vessel movement for one hour prior to the event on the 
specified waters of Bogue Sound, Morehead City, NC. During the 
enforcement period, while the Aerial Event is taking place, no vessel 
will be allowed to transit the waterway unless the vessel is given 
permission from the Patrol Commander to transit. This safety zone will 
be enforced from 7 p.m. to 8 p.m. on June 11, 2011.

Discussion of Comments and Changes

    There were no comments; no changes were made.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

[[Page 29648]]

Regulatory Planning and Review

    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. Although this regulation prevents traffic 
from transiting waters of Bogue Sound 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 and local area newspapers so mariners can adjust 
their plans accordingly. Vessel traffic will be able to transit the 
regulated area before and after the event, 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 would affect the following entities, some of which might 
be small entities: The owners and operators of vessels intending to 
transit this section of the Bogue Sound from 7 p.m. to 8 p.m. on June 
11, 2011. This safety zone would not have significant economic impact 
on a substantial number of small entities for the following reasons. 
This safety zone will be enforced for only 1 hour in the evening. 
Vessel traffic will be able to transit the area immediately prior to 
and immediately following the enforcement period. Before the activation 
of the zone, we would issue maritime advisories widely to users of the 
waterway.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.

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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves the necessity to 
provide for the safety of the general public and event participants 
from potential hazards associated with vessels present on or transiting 
upon this waterway. An environmental analysis checklist and a 
categorical exclusion determination are

[[Page 29649]]

available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add a temporary Sec.  165.T05-0168 to read as follows:


Sec.  165.T05-0168  Safety Zone: Big Rock Blue Marlin Air Show, Bogue 
Sound, Morehead City, NC.

    (a) Regulated Area. The following area is a safety zone: The 
specified waters of the Captain of the Port Sector North Carolina, as 
defined in 33 CFR 3.25-20, within the navigable waters of Bogue Sound 
in an area bound by a line drawn from the following points: latitude 
34[deg]43'09.9'' N, longitude 076[deg]45'54.9'' W; thence east to 
latitude 34[deg]43'09.75'' N, longitude 076[deg]44'34.16'' W; thence 
south to latitude 34[deg]42'52.64'' N, longitude 076[deg]44'32.55'' W; 
thence west to latitude 34[deg]42'50.7'' N, longitude 076[deg]45'48.5'' 
W; thence to the point of origin, located approximately 400 yards south 
of the shoreline of Morehead City.
    (b) Definition: For the purposes of this section, Captain of the 
Port means the Commander, Sector North Carolina. Representative means 
any U.S. Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the Captain of the Port, Sector North Carolina to 
act on his behalf.
    (c) Regulations: (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Sector North Carolina or 
designated representatives.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on shore or on board a vessel 
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on shore or on board a vessel that is displaying a U.S. Coast 
Guard Ensign.
    (3) The Captain of the Port, Sector North Carolina can be reached 
through the Sector Duty Officer at Sector North Carolina in Atlantic 
Beach, North Carolina at telephone number (252) 247-4570.
    (4) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM marine band radio channel 13 (165.65 MHz) and 
channel 16 (156.8 MHz).
    (d) Enforcement Period. This section will be enforced from 7 p.m. 
until 8 p.m. on June 11, 2011.

    Dated: May 6, 2011.
Anthony Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2011-12377 Filed 5-20-11; 8:45 am]
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