[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Proposed Rules]
[Pages 30887-30890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13177]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0306]
RIN 1625-AA08


Special Local Regulations for Marine Events, Bogue Sound; 
Morehead City, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing of Special Local 
Regulations for ``The Crystal Coast Grand Prix'' powerboat race, to be 
held on the waters of Bogue Sound, adjacent to the Morehead City, North 
Carolina on August 20-21, 2011. This Special Local Regulation is 
necessary to protect spectators and vessels from hazards associated 
with powerboat races. This proposed regulation would close a portion of 
the waters of Bogue Sound to vessel traffic not participating in the 
powerboat race while the race is ongoing.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 27, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0306 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

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

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking [USCG-2011-0306], indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online at http://www.regulations.gov or by fax, mail, or hand delivery, 
but please use only one of these means. If you submit a comment online, 
it will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an e-mail address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2011-0306'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8[frac12] by 11 inches, 
suitable for copying and electronic filing. If you submit comments by 
mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble

[[Page 30888]]

as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-0306'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Basis and Purpose

    On August 20-21, 2011 from 10 a.m. to 4 p.m. East Coast Extreme 
Corporation will sponsor ``The Crystal Coast Grand Prix'' on the waters 
of Bogue Sound adjacent to Morehead City, North Carolina. This special 
local regulation is necessary to ensure the safety of vessels and 
spectators from hazards associated with a powerboat race. The Captain 
of the Port North Carolina has determined powerboat races in close 
proximity to watercraft and infrastructure pose significant risk to 
public safety and property. The likely combination of large numbers of 
recreation vessels, powerboats traveling at high speeds, and large 
numbers of spectators in close proximity to the water could easily 
result in serious injuries or fatalities. Establishing a special local 
regulation that prohibits vessels or persons from entering the race 
course and surrounding area will help ensure the safety of persons and 
property at this event and help minimize the associated risk.

Discussion of Proposed Rule

    This proposed special local regulation is necessary to ensure the 
safety of spectators and vessels during set-up, course familiarization, 
testing, and during the ``Crystal Coast Grand Prix'' powerboat race. 
The powerboat races will occur between 10 a.m. and 4 p.m. on August 20-
21, 2011.
    The special local regulation will encompass the waters of Bogue 
Sound, adjacent to Morehead City from the southern tip of Sugar Loaf 
Island approximate position latitude 34[deg]42'45'' N, longitude 
076[deg]42'48'', thence westerly to Morehead City Channel Daybeacon 7 
(LLNR 38620), thence southwesterly along the channel line to Bogue 
Sound Light 4 (LLNR 38770), thence southerly to Causeway Channel 
Daybeacon 2 (LLNR 28720), 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 westernmost 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 Morehead City 
Channel Lighted Buoy 23 (LLNR 29455), thence easterly to approximate 
position latitude 34[deg]41'25'' N, longitude 076[deg]41'22'' W, thence 
northerly along the shoreline to approximate position latitude 
34[deg]43'00'' N, longitude 076[deg]41'25'', 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'', thence westerly to the 
southern tip of Sugar Loaf Island the point of origin. This regulated 
area encompasses the entire race course located on Bogue Sound near 
Morehead City, North Carolina. All geographic coordinates are North 
American Datum NAD 83.

Regulatory Analyses

    We developed this proposed 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.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that those Orders.
    Although this regulation will restrict access to the area, the 
effect of this rule will not be significant because the regulated area 
will be in effect for a limited time, from 10 a.m. to 4 p.m., on August 
20-21, 2011. The Coast Guard will give advance notification via 
maritime advisories so mariners can adjust their plans accordingly, and 
the regulated area will apply only to the section of Bogue Sound 
adjacent to Morehead City. Coast Guard vessels enforcing this regulated 
area can be contacted on marine band radio VHF-FM channel 16 (156.8 
MHz).

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 will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
the specified portion of Bogue Sound from 10 a.m. to 4 p.m. on August 
20-21, 2011.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons. This 
rule will only be in effect for six hours each day for two days total. 
The regulated area applies only to the section of Bogue Sound adjacent 
to Morehead City and traffic may be allowed to pass through the 
regulated area with the permission of the Coast Guard Patrol Commander. 
Before the enforcement period, we will 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.

[[Page 30889]]

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 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 CWO3 Joseph Edge, Waterways 
Management Division Chief, Coast Guard Sector North Carolina, at (252) 
247-4525. The Coast Guard will not retaliate against small entities 
that question or complain about this proposed 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause 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.

Environment

    We have analyzed this proposed 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 made a preliminary determination, under figure 2-1, paragraph 
34(h) and 35(a) of the Instruction, that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This rule 
involves implementation of regulations within 33 CFR part 100 that 
apply to organized marine events on the navigable waters of the United 
States that may have potential for negative impact on the safety or 
other interest of waterway users and shore side activities in the event 
area. This special local regulation is necessary to provide for the 
safety of the general public and event participants from potential 
hazards associated with movement of vessels near the event area. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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.

    2. Add a temporary Sec.  100.35T05-0306 to read as follows:


Sec.  100.35T05-0306  Special Local Regulation; Crystal Coast Grand 
Prix; Morehead City, NC.

    (a) Regulated area. The following location is a regulated area: All 
waters of Bogue Sound, adjacent to Morehead City from the southern tip 
of Sugar Loaf Island approximate position latitude 34[deg]42'45'' N, 
longitude 076[deg]42'48'' , thence westerly to Morehead City Channel 
Daybeacon 7 (LLNR 38620), thence southwesterly along the channel line 
to Bogue Sound Light 4 (LLNR

[[Page 30890]]

38770), thence southerly to Causeway Channel Daybeacon 2 (LLNR 28720), 
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 westernmost 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 Morehead City Channel Lighted Buoy 23 (LLNR 29455), 
thence easterly to approximate position latitude 34[deg]41'25'' N, 
longitude 076[deg]41'22'' W, thence northerly along the shoreline to 
approximate position latitude 34[deg]43'00'' N, longitude 
076[deg]41'25'' , 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'' , 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 U. S. Coast Guard who 
has been designated by the Commander, Coast Guard Sector North 
Carolina.
    (2) Official Patrol means any 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 means all vessels participating in the ``The 
Crystal Coast Grand Prix'' powerboat race under the auspices of the 
Marine Event Permit issued to the event sponsor and approved by 
Commander, Coast Guard Sector North Carolina.
    (4) Spectator means all persons and vessels not registered with the 
event sponsor as participants or official patrol.
    (c) Special local regulations. (1) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels in the vicinity of 
the regulated area. When hailed or signaled by an official patrol 
vessel, a vessel approaching the regulated area shall immediately 
comply with the directions given. Failure to do so may result in 
termination of voyage and citation for failure to comply.
    (2) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any support vessel participating in the event, at any 
time it is deemed necessary for the protection of life or property. The 
Coast Guard may be assisted in the patrol and enforcement of the 
regulated area by other Federal, State, and local agencies.
    (3) Vessel traffic, not involved with the event, may be allowed to 
transit the regulated area with the permission of the Patrol Commander. 
Vessels that desire passage through the regulated area shall contact 
the Coast Guard Patrol Commander on VHF-FM marine band radio for 
direction. Only participants and official patrol vessels are allowed to 
enter the regulated area.
    (4) All Coast Guard vessels enforcing the regulated area can be 
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and 
channel 22 (157.1 MHz). The Coast Guard will issue marine information 
broadcast on VHF-FM marine band radio announcing specific event date 
and times.
    (d) Enforcement period: This section will be enforced from 10 a.m. 
to 4 p.m. on August 20-21, 2011.

    Dated: May 5, 2011.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2011-13177 Filed 5-26-11; 8:45 am]
BILLING CODE 9110-04-P