[Federal Register: June 13, 2007 (Volume 72, Number 113)]
[Proposed Rules]
[Page 32567-32569]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn07-18]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish 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: Comments and related material must reach the Coast Guard on or
before July 13, 2007.
ADDRESSES: You may mail comments and related material to Commander
(dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia, 23704-5004, hand deliver them to Room 119 at the same address
between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays, fax them to (757) 398-6203, or e-mail them to
Dennis.M.Sens@uscg.mil. The Inspections and Investigations Branch,
Fifth Coast Guard District, maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at the above address 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
Christopher.D.Humphrey@uscg.mil.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-07-
059), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Fifth Coast Guard District at the
address under ADDRESSES explaining why one 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.
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 Proposed Rule
The Coast Guard proposes the establishment of special local
regulations on specified waters of Bogue Sound. The regulation would be
enforced from 9 a.m. to 5 p.m. on September 23, 2007. The effect of the
regulation would be to restrict general navigation in the regulated
area during the races. Except for persons or vessels authorized by the
Coast Guard Patrol Commander, no person or vessel may enter or remain
in the regulated area. Non-participating vessels will be allowed to
transit the regulated area between races, when the Coast Guard Patrol
Commander determines it is safe to do so. These regulations are needed
to control vessel traffic during the event to enhance the safety of
participants, spectators and transiting vessels.
[[Page 32568]]
Regulatory Evaluation
This proposed 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 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 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.
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, contact Coast Guard Sector North Carolina
listed under FOR FURTHER INFORMATION CONTACT at the beginning of this
rule. 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 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 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 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 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
[[Page 32569]]
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 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 made a preliminary determination that this action is not likely to
have a significant effect on the human environment. Draft documentation
supporting this preliminary determination is available in the docket
where indicated under ADDRESSES. 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. 100.35-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: June 5, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-11344 Filed 6-12-07; 8:45 am]
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