[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Rules and Regulations]
[Pages 42542-42545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18043]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing Special Local Regulations for 
``The Crystal Coast Grand Prix'' powerboat race, to be held on the 
waters of Bogue Sound, adjacent to Morehead City, North Carolina. This 
Special Local Regulation is necessary to protect spectators and vessels 
from hazards associated with powerboat races. This regulation will 
close a portion of the waters of Bogue Sound to vessel traffic during 
the boat race.

DATES: This rule is effective August 20-21, 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-2011-0306 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-0306 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 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 the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

Regulatory Information

    On May 27, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events, Bogue 
Sound; Morehead City, North Carolina in the Federal Register (76 FR 
30887). We received no comments on the proposed rule. No public meeting 
was requested, and none was held.

[[Page 42543]]

Background 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'' powerboat 
race 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 the 
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 recreational 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.
    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'' W, 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'' 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. This regulated 
area encompasses the entire race course located on Bogue Sound near 
Morehead City, North Carolina. All geographic coordinates are North 
American Datum 1983 (NAD 83).

Discussion of Comments and Changes

    There were no comments and no changes 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.

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 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 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 vessels intending to 
transit the specified portion of Bogue Sound from 10 a.m. to 4 p.m. on 
August 20-21, 2011.
    This 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.

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.
    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

[[Page 42544]]

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)(h) and (35)(a), of the Instruction. 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. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

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

0
1. The authority citation for part 100 continues to read as follows:


    Authority: 33 U.S.C. 1233

0
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'' W, 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'' 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 North American Datum 1983 (NAD 83).
    (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

[[Page 42545]]

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: July 5, 2011.
T.M. Cummins,
Commander, U.S. Coast Guard, Acting Captain of the Port North Carolina.
[FR Doc. 2011-18043 Filed 7-18-11; 8:45 am]
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