[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Proposed Rules]
[Pages 15320-15323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6314]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0109]
RIN 1625-AA08


Special Local Regulations for Marine Events; Temporary Change of 
Dates for Recurring Marine Events in the Fifth Coast Guard District, 
Bogue Sound; Morehead City, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the enforcement 
period of a special local regulation for a recurring marine event in 
the Fifth Coast Guard District. This change applies only to the 
``Crystal Coast Super Boat Grand Prix'' conducted on the waters of 
Bogue Sound near Morehead City, North Carolina. This Special Local 
Regulation is necessary to provide for the safety of life on navigable 
waters during the event, which has been rescheduled from the fourth or 
last Sunday in September to the third Saturday and Sunday in September. 
This regulation would close a portion of the waters of Bogue Sound to 
vessel traffic during the boat race.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 16, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0109 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 email BOSN3 Joseph M. Edge, Coast Guard Sector North 
Carolina, Coast Guard; telephone 252-247-4525, email 
[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-2012-0109), 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 (via 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 via www.regulations.gov, 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 email 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-2012-0109'' 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\1/2\ 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 
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-2012-0109'' 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

[[Page 15321]]

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

    The legal basis for this rule is 33 U.S.C. 1233, which authorizes 
the Coast Guard to define special local regulations for specified areas 
on navigable waters.
    The purpose of this rulemaking is to ensure the safety of life on 
navigable waters during marine events and provide the marine community 
the opportunity to comment on regulated area locations, size, and 
length of time the special local regulation will be active.

Background

    On September 15-16, 2012 from 10 a.m. to 4 p.m. East Coast Extreme 
Corporation will sponsor ``The Crystal Coast Super Boat 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 other watercraft and waterfront 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 event area poses risks that could result in serious 
injuries or fatalities. Special local regulations are in effect 
annually, defining a buffer or regulated area that prohibits vessels or 
persons from entering the race course. The regulated area that 
encompasses the event location will help ensure the safety of persons 
and property during the power boat race and minimize associated risk.
    The regulations at 33 CFR Sec.  100.501 lists recurring marine 
events within the Fifth Coast Guard District and marine event dates. 
The Table to Sec.  100.501 identifies marine events by Captain of the 
Port zone. This particular marine event is listed in the Table to Sec.  
100.501 (d.)3.
    The regulation in the Table to Sec.  100.501 line (d.)3 indicates 
the Crystal Coast Super Boat Grand Prix would normally take place this 
year on September 23, 2012. This regulation temporarily changes the 
event date for this year to September 15-16, 2012.
    To provide for the safety of the participants, spectators and other 
transiting vessels, the Coast Guard will temporarily restrict vessel 
traffic in the event area during this event. The regulation at 33 CFR 
100.501 would be enforced from 10 a.m. to 4 p.m. on September 15-16, 
2012; vessels may not enter the regulated area unless they receive 
permission from the Coast Guard Patrol Commander.

Discussion of Proposed Rule

    The Coast Guard is proposing to temporarily suspend the regulation 
listed at line No. (d.)3 in Table to Sec.  100.501 and will insert a 
new temporary regulation at Table to Sec.  100.501 line No. (d.)5. This 
change will reflect a new date for this year's marine event, i.e. 
September 15-16, 2012. This change is needed to accommodate the change 
in date of the annual Crystal Coast Super Boat Grand Prix. No other 
portion of the Table to Sec.  100.501 or other provisions in Sec.  
100.501 shall be affected by this regulation.
    This safety zone will restrict vessel movement on the specified 
waters of Bogue Sound adjacent to Morehead City, North Carolina. The 
regulated area will be established in the interest of participant 
safety during the ``Crystal Coast Super Boat Grand Prix'' and will be 
enforced from 10 a.m. to 4 p.m. on September 15-16, 2012. The Coast 
Guard, at its discretion and when practical, will allow the passage of 
vessels. During the Marine Event no vessel will be allowed to transit 
the waterway unless the vessel is given permission from the Patrol 
Commander to transit.

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 proposed 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, 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 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 September 15-16, 2012. 
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). 
Additionally, this rulemaking does not change the permanent regulated 
areas that have been published in 33 CFR 100.501, Table to Sec.  
100.501. Vessel traffic will be able to transit the regulated area 
before and after the races, when the Coast Guard Patrol Commander deems 
it is safe to do so. 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 
September 15-16, 2012.

[[Page 15322]]

    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. 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), 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 BOSN3 Joseph Edge, Prevention 
Department, Sector North Carolina, 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 the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule 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) 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 proposed 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.


[[Page 15323]]


    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. From September 15, through September 23, 2012, in Sec.  100.501, 
Table to Sec.  100.501, suspend entry (d)3.
    3. From 10 a.m. to 4 p.m. on September 15-16, 2012 in Sec.  
100.501, Table to Sec.  100.501, add entry (d.)5 to read as follows:


Sec.  100.501-T05-0109  Special Local Regulations; Recurring Marine 
Event in the Fifth Coast Guard District

* * * * *

                                             Table to Sec.   100.501
                [All coordinates listed in the Table to Sec.   100.501 reference Datum NAD 1983]
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                                (d.) Coast Guard Sector North Carolina--COTP Zone
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     Number               Date                Event              Sponsor                    Location
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                                                  * * * * * * *
5...............  September 15-16,     Crystal Coast       East Coast Extreme  The waters of Bogue Sound,
                   2012.                Super Boat Grand                        adjacent to Morehead City, NC,
                                        Prix.                                   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 Day beacon 7 (LLNR
                                                                                38620), thence southwest along
                                                                                the channel line to Bogue Sound
                                                                                Light 4 (LLRN 38770), thence
                                                                                southerly to Causeway Channel
                                                                                Day beacon 2 (LLNR 38720),
                                                                                thence southeasterly to Money
                                                                                Island Day beacon 1 (LLNR
                                                                                38645), thence easterly to Eight
                                                                                and One Half Marina Day beacon 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 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.
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    Dated: February 20, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2012-6314 Filed 3-14-12; 8:45 am]
BILLING CODE 9110-04-P