[Federal Register: March 22, 2006 (Volume 71, Number 55)]
[Proposed Rules]
[Page 14428-14432]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr06-26]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-06-015]
RIN 1625-AA08
Special Local Regulations for Marine Events; Onslow Bay, Beaufort
Inlet, Morehead City State Port, Beaufort Harbor and Taylor Creek, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish special local
regulations during the ``Pepsi Americas' Sail 2006'', tall ships parade
and race to be held on Onslow Bay, Beaufort Inlet, inland waters of the
Morehead City State Port and Beaufort Waterfront. This special local
regulation is necessary to provide for the safety of life on navigable
waters during the event. This proposed action is intended to restrict
vessel traffic in segments of coastal North Carolina in the vicinity of
Onslow Bay, Beaufort Inlet, inland waters of Morehead City State Port
and Beaufort Harbor during the parade of sail and tall ship race.
DATES: Comments and related material must reach the Coast Guard on or
before April 21, 2006.
ADDRESSES: You may mail comments and related material to Commander
(oax), 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, or fax them to (757) 398-6203. The Auxiliary and Recreational
Boating Safety 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 C.D. Humphrey, U.S. Coast Guard
Sector North Carolina, at (252) 247-4525.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you
[[Page 14429]]
do so, please include your name and address, identify the docket number
for this rulemaking (CGD05-06-015), 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 the address listed 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
During the period 30 June to July 5, 2006, Pepsi Americas' Sail
2006 LLC will host the North Carolina port call of the ``Pepsi
Americas' Sail 2006''. A parade of sails and tall ships racing event
are planned during this period to be conducted on the waters adjacent
to Onslow Bay, Beaufort Inlet and the inland waters of Morehead City
State Port and Beaufort Harbor, North Carolina. The first event will be
the ``Tall Ships Parade of Sails'' on July 1, 2006 that will commence
in Anchorage Area ``ALFA'' as depicted on NOAA Chart 11545 ``Beaufort
Inlet and Part of Core Sound'', and will enter Beaufort Inlet Channel
at Beaufort Inlet Channel Lighted Buoy 7 and Beaufort Inlet Channel
Lighted Buoy 8, and will proceed inbound to the Morehead City State
Port turning basin thence to Beaufort Harbor Channel to Beaufort Harbor
waterfront. The second event will be the ``Tall Ships Race'', on July
3, 2006 that will take place on Onslow Bay from Beaufort Inlet Channel
and continuing west approximately 11 nautical miles to a line drawn
along longitude 076-54' W. Because of the danger posed by numerous
sailing vessels maneuvering in close proximity of each other during the
proposed parade and race, special local regulations are necessary. For
the safety concerns noted and to address the need for vessel control
and vessel security, traffic will be temporarily restricted to provide
for the safety of participants, spectators and transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish temporary special local
regulations on specified waters of Onslow Bay, Beaufort Inlet Channel,
Morehead City State Port, Beaufort Harbor Channel and Taylor Creek. The
July 1, 2006 ``Tall Ships Parade of Sail'' consist of Class ``A'',
``B'' and ``C'' tall ships participating in a carefully organized and
highly publicized, international tall ship parade. The tall ship
division of classes include Class ``A'', square-rigged vessels and all
other vessels over 131 feet in length overall. Class ``B'' vessels are
comprised of traditional rigged vessels with a length overall of less
than 131 feet and with a waterline length of at least 30 feet. Class
``C'' vessels are modern rigged vessels with a length overall of less
than 131 feet and with a waterline length of at least 30 feet, not
carrying spinnaker like sails. The parade will consist of tall ships
maneuvering in a predetermined area within anchorage area ``ALFA''
immediately adjacent and east of Beaufort Inlet Channel Lighted Buoy 8
and Beaufort Inlet Channel Lighted Buoy 10. The Ships will enter
Beaufort Inlet Channel at Beaufort Inlet Lighted Buoy 7 and Beaufort
Inlet Lighted Buoy 8, they will proceed inbound maintaining a 400 yard
separation distance through Beaufort Inlet Channel to the Morehead City
State Port turning basin, Class A ships will moor at the State Port
facilities, Class B and C ships will reverse course and exit the
turning basin enroute to Beaufort Harbor Channel and will moor at the
Beaufort Waterfront on Taylor Creek. A fleet of spectator vessels is
anticipated to gather nearby to view the parade. Because of the danger
posed by numerous sailing vessels maneuvering in close proximity of
each other during the proposed marine event, special local regulations
are necessary. For the safety concerns noted and to address the need
for vessel control and vessel security, traffic will be temporarily
restricted to provide for the safety of participants, spectators and
transiting vessels. The duration of the proposed parade of sails is
anticipated to be approximately five hours.
The July 3, 2006 ``Tall Ships Race'' will consist of participation
from the visiting international Class ``B'' tall ships. The race will
be in a predetermined area immediately west of Beaufort Inlet Channel
extending approximately 11 nautical miles to a line drawn along
longitude 076-54' W. A fleet of spectator vessels is anticipated to
gather nearby to view the race. Because of the danger posed by many
sailing vessels maneuvering in close proximity of each other during the
race, special local regulations are necessary. For the safety concerns
noted and to address the need for vessel control, traffic will be
temporarily restricted to provide for the safety of participants,
spectators and transiting vessels. The duration of the proposed tall
ships race is anticipated to be approximately six hours.
The proposed temporary special local regulations will be enforced
from 6:30 a.m. to 1 p.m. on July 1, 2006 for the ``Tall Ships Parade of
Sails''; and from 10:30 a.m. to 5:30 p.m. on July 3, 2006 for the
``Tall Ships Class B race''. These regulations will restrict general
navigation in the regulated area during the marine events. The Coast
Guard, at its discretion, when practical, will allow the passage of
vessels when the parade or race is not taking place. Except for
participants and vessels authorized by the Coast Guard Patrol
Commander, no person or vessel will be allowed to enter or remain in
the regulated area during the enforcement period. These regulations are
needed to control vessel traffic during the event to enhance the safety
of participants, spectators and transiting vessels.
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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this proposed regulation will prevent traffic from
transiting a segment of the Onslow Bay, Beaufort Inlet, Morehead City
State Port and Beaufort Harbor during these events, the effect of this
regulation will not be significant due to the limited duration that the
regulated area will be enforced. Extensive advance notifications will
be made to the maritime community via Local Notice to Mariners, marine
information broadcasts, area newspapers and local radio stations, so
mariners can adjust their plans accordingly.
[[Page 14430]]
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 proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit these sections of the Onslow
Bay, Beaufort Inlet, Morehead City State Port, Beaufort Harbor Channel
and Taylor Creek during these events.
This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reasons. This
proposed rule would be in effect for only a limited period. Although
the regulated area will apply to two separate segments within and
around the waters of Onslow Bay, Beaufort Inlet, Morehead City State
Port and Beaufort Harbor, traffic may be allowed to pass through the
regulated areas with the permission of the Coast Guard Patrol
Commander. In the case where the Patrol Commander authorizes passage
through a regulated area during an event, vessels shall proceed at the
minimum speed necessary to maintain a safe course that minimizes wake
near the event. Although this regulation prevents traffic from
transiting the Onslow Bay, Beaufort Inlet, Morehead City State port and
Beaufort Harbor Bay during these event, the effect of this regulation
will not be significant because of its limited duration. Before the
enforcement period, the Coast Guard 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 the address listed under
ADDRESSES. 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 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
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969
[[Page 14431]]
(NEPA) (42 U.S.C. 4321-4370f), and have concluded that there are no
factors in this case that would limit the use of a categorical
exclusion under section 2.B.2 of the Instruction. Therefore, this rule
is categorically excluded, under figure 2-1, paragraph (34)(h), of the
Instruction, from further environmental documentation. Special local
regulations issued in conjunction with a regatta or marine parade
permit are specifically excluded from further analysis and
documentation under that section.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
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; Department of Homeland Security
Delegation No. 0170.1.
2. Add a temporary Sec. 100.35-T06-015 to read as follows:
Sec. 100.35-T06-015 Onslow Bay, Beaufort Inlet, Morehead City State
Port, Beaufort Harbor and Taylor Creek near Morehead City NC.
(a) Regulated area includes two segments within and around the
waters of the Onslow Bay, Beaufort Inlet, Morehead City Turning Basin,
Beaufort Harbor and Taylor Creek North Carolina.
(1) The first segment for the ``Parade of Sail'' is bounded by a
line drawn from a position at latitude 34[deg]39[min]36[sec] N,
longitude 076[deg]37[min]52[sec] W, thence southerly to a position at
latitude 34[deg]37[min]52[sec] N, longitude 076[deg]37[min]52[sec] W,
thence westerly to a position at latitude 34[deg]37[min]36[sec] N,
longitude 076[deg]40[min]17[sec] W, thence southerly to a position at
latitude 34[deg]36[min]50[sec] N, longitude 076[deg]40[min]42[sec] W,
thence westerly to a position at latitude 34[deg]36[min]57[sec] N,
longitude 076[deg]41[min]25[sec] W, thence northerly parallel to
Beaufort Inlet Channel to latitude 34[deg]40[min]37[sec] N, longitude
076[deg]40[min]32[sec] W, thence northeasterly to latitude
34[deg]41[min]21'' N, longitude 076[deg]40[min]11[sec] W, thence
northwesterly parallel to Cutoff Channel to latitude
34[deg]41[min]43[sec] N, longitude 076[deg]40[min]21[sec] W, thence
northwesterly parallel to Morehead City Channel to latitude
34[deg]42[min]46[sec] N, longitude 076[deg]42[min]02[sec] W, thence
westerly to latitude 34[deg]42[min]46[sec] N, longitude
076[deg]42[min]12[sec] W, thence northerly to latitude
34[deg]42[min]54[sec] N, longitude 076[deg]42[min]13'' W, thence
easterly along Morehead City State Port berth seven, six, five and four
to latitude 34[deg]42[min]52[sec] N, longitude 076[deg]41[min]33[sec]
W, thence southeasterly to latitude 34[deg]42[min]35[sec] N, longitude
076[deg]41[min]20[sec] W, thence southeasterly parallel to Morehead
City Channel to latitude 34[deg]42[min]19[sec] N, longitude
076[deg]40[min]49[sec] W at the entrance to Beaufort Harbor Channel,
thence along the western bank of Beaufort Harbor Channel to latitude
34[deg]42[min]54[sec] W, longitude 076[deg]40[min]44[sec] W, thence
easterly to the southern tip of Pivers Island, latitude
34[deg]42[min]54[sec] N, longitude 076[deg]40'24[sec] W, thence
northerly along the shoreline of Pivers Island to latitude
34[deg]43[sec]08'' N, longitude 076[deg]40[min]19[sec] W, thence
northerly to intersection of the Beaufort Bascule Bridge and the
shoreline at latitude 34[deg]43[min]21[sec] N, longitude
076[deg]40[min]12[sec] W, thence northerly along the shoreline to
latitude 34[deg]43[min]38[sec] N, longitude 076[deg]40[min]17'' W,
thence northwesterly to latitude 34[deg]43[min]47[sec] N, longitude
076[deg]40[min]22[sec] W, thence northeasterly to latitude
34[deg]43[min]55[sec] N, longitude 076[deg]40[min]15[sec] W, thence
southerly along the shoreline to latitude 34[deg]43[min]42[sec] N,
longitude 076[deg]40[min]04[sec] W, thence southerly parallel to
Gallants Channel to the intersection of the Beaufort Bascule Bridge and
the shoreline at latitude 34[deg]43[min]21[sec] N, longitude
076[deg]40[min]05[sec] W, thence southerly to Beaufort Waterfront at
latitude 34[deg]43[min]07[sec] N, longitude 076[deg]40[min]10[sec] W,
thence southeasterly along Beaufort waterfront to latitude
34[deg]42[min]57[sec] N, longitude 076[deg]39[min]55[sec] W, thence
south to Carrot Island latitude 34[deg]42[min]45[sec] N, longitude
076[deg]39[min]55[sec] W, thence westerly following the shore line of
Carrot Island to latitude 34[deg]42[min]31[sec] W, longitude
076[deg]40[min]44[sec] W, thence southeasterly to latitude
34[deg]41[min]50[sec] N, longitude 076[deg]40[min]08[sec] W, thence
southerly to the western tip of Shackleford Banks at latitude
34[deg]41[min]18[sec] N, longitude 076[deg]39[min]57[sec] W, thence
southerly to latitude 34[deg]40[min]30[sec] N, longitude
076[deg]39[min]50[sec] W, thence southerly parallel to Beaufort Inlet
Channel to latitude 34[deg]39[min]35[sec] N, longitude
076[deg]40[min]00[sec] W, thence east to the point of origin.
(2) The second segment for the ``Tall Ships Race'' is bounded by a
line drawn from a position at latitude 34[deg]40[min]36[sec] N,
longitude 076[deg]41[min]00[sec] W, thence westerly parallel to Bogue
Banks to latitude 34[deg]40[min]21[sec] N, longitude
076[deg]52[min]12[sec] W, thence southwesterly to latitude
34[deg]39[min]00[sec] N, longitude 076[deg]53[min]06[sec] W, thence
southeasterly to latitude 34[deg]33[min]18[sec] N, longitude
076[deg]42[min]33[sec] W, thence northeasterly to latitude
34[deg]34[min]18[sec] N, longitude 076[deg]41[min]27[sec] W, thence
northerly to the point of origin.
(3) All coordinates reference Datum NAD 1983.
(b) Definitions. (1) Coast Guard Patrol Commander means any
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 authorized by the
Coast Guard Patrol Commander or approved by Commander, Coast Guard
Sector North Carolina.
(3) Participant includes all vessels participating in the Pepsi
Americas' Sail 2006 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 the Official Patrol,
participants, and persons or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in the
regulated area.
(2) Any person in the regulated area must stop immediately when
directed to do so by any Official Patrol and then proceed only as
directed.
(3) The operator of any vessel in the regulated area must stop the
vessel immediately when directed to do so by any Official Patrol and
then proceed only as directed.
(4) All persons and vessels shall comply with the instructions of
the Official Patrol.
(5) When authorized to transit within the regulated area, all
vessels shall proceed at the minimum speed necessary to maintain a safe
course that minimizes wake near the parade, race course and near other
persons and vessels.
(d) Enforcement period. This section will be enforced from 6:30
a.m. to 1 p.m. on July 1, 2006, for the ``Parade of Sails''; and from
10:30 a.m. to 5:30 p.m. on July 3, 2006 for the ``Tall Ships Race''. If
the ``Tall Ships Race'' is postponed due to inclement weather, then the
proposed temporary special local regulations will be enforced the same
time period during one of the next two days, July 4, 2006 through July
5, 2006.
[[Page 14432]]
Dated: March 3, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-4089 Filed 3-21-06; 8:45 am]
BILLING CODE 4910-15-P