[Federal Register: June 7, 2006 (Volume 71, Number 109)]
[Rules and Regulations]
[Page 32836-32838]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn06-14]
[[Page 32836]]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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 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: This rule is effective from July 1, 2006 through July 5, 2006.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD05-06-015) and are available for inspection or
copying at Commander (dpi), Fifth Coast Guard District, 431 Crawford
Street, Portsmouth, Virginia 23704-5004, Room 119, 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:
Regulatory Information
On March 22, 2006, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; Onslow
Bay, Beaufort Inlet, Morehead City State Port, Beaufort Harbor and
Taylor Creek, NC in the Federal Register (71 FR 14428). We received no
letters commenting on the proposed rule. No public meeting was
requested, and none was held.
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 Comments and Changes
The Coast Guard did not receive comments in response to the notice
of proposed rulemaking (NPRM) published in the Federal Register.
Accordingly, the Coast Guard is establishing temporary special local
regulations on specified waters of Onslow Bay, Beaufort Inlet, Morehead
City State Port, Beaufort Harbor and Taylor Creek, North Carolina.
Regulatory Evaluation
This temporary 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 rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
Although this temporary 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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this temporary 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
would not have a significant economic impact on a substantial number of
small entities. This temporary 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 temporary rule would not have a significant economic impact on
a substantial number of small entities for the following reasons. This
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
[[Page 32837]]
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 temporary 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 temporary 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 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 temporary 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 temporary 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 temporary rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and will not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This temporary rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it will 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 temporary 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 temporary rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 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; Department of Homeland Security
Delegation No. 0170.1.
0
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]39'36'' N, longitude
076[deg]37'52'' W, thence southerly to a position at latitude
[[Page 32838]]
34[deg]37'52'' N, longitude 076[deg]37'52'' W, thence westerly to a
position at latitude 34[deg]37'36'' N, longitude 076[deg]40'17'' W,
thence southerly to a position at latitude 34[deg]36'50'' N, longitude
076[deg]40'42'' W, thence westerly to a position at latitude
34[deg]36'57'' N, longitude 076[deg]41'25'' W, thence northerly
parallel to Beaufort Inlet Channel to latitude 34[deg]40'37'' N,
longitude 076[deg]40'32'' W, thence northeasterly to latitude
34[deg]41'21'' N longitude 076[deg]40'11'' W, thence northwesterly
parallel to Cutoff Channel to latitude 34[deg]41'43'' N, longitude
076[deg]40'21'' W, thence northwesterly parallel to Morehead City
Channel to latitude 34[deg]42'46'' N, longitude 076[deg]42'02'' W,
thence westerly to latitude 34[deg]42'46'' N, longitude 076[deg]42'12''
W, thence northerly to latitude 34[deg]42'54'' N, longitude
076[deg]42'13'' W, thence easterly along Morehead City State Port berth
seven, six, five and four to latitude 34[deg]42'52'' N, longitude
076[deg]41'33'' W, thence southeasterly to latitude 34[deg]42'35'' N,
longitude 076[deg]41'20'' W, thence southeasterly parallel to Morehead
City Channel to latitude 34[deg]42'19'' N, longitude 076[deg]40'49'' W
at the entrance to Beaufort Harbor Channel, thence along the western
bank of Beaufort Harbor Channel to latitude 34[deg]42'54'' W, longitude
076[deg]40'44'' W, thence easterly to the southern tip of Pivers
Island, latitude 34[deg]42'54'' N, longitude 076[deg]40'24'' W, thence
northerly along the shoreline of Pivers Island to latitude
34[deg]43'08'' N, longitude 076[deg]40'19'' W, thence northerly to
intersection of the Beaufort Bascule Bridge and the shoreline at
latitude 34[deg]43'21'' N, longitude 076[deg]40'12'' W, thence
northerly along the shoreline to latitude 34[deg]43'38'' N, longitude
076[deg]40'17'' W, thence northwesterly to latitude 34[deg]43'47'' N
longitude 076[deg]40'22'' W, thence northeasterly to latitude
34[deg]43'55'' N, longitude 076[deg]40'15'' W, thence southerly along
then shoreline to latitude 34[deg]43'42'' N, longitude 076[deg]40'04''
W, thence southerly parallel to Gallants Channel to the intersection of
the Beaufort Bascule Bridge and the shoreline at latitude
34[deg]43'21'' N, longitude 076[deg]40'05'' W, thence southerly to
Beaufort Waterfront at latitude 34[deg]43'07'' N, longitude
076[deg]40'10'' W, thence southeasterly along Beaufort waterfront to
latitude 34[deg]42'57'' N, longitude 076[deg]39'55'' W, thence south to
Carrot Island latitude 34[deg]42'45'' N, longitude 076[deg]39'55'' W,
thence westerly following the shore line of Carrot Island to latitude
34[deg]42'31'' W, longitude 076[deg]40'44'' W, thence southeasterly to
latitude 34[deg]41'50'' N, longitude 076[deg]40'08'' W, thence
southerly to the western tip of Shackleford Banks at latitude
34[deg]41'18'' N, longitude 076[deg]39'57'' W, thence southerly to
latitude 34[deg]40'30'' N, longitude 076[deg]39'50'' W, thence
southerly parallel to Beaufort Inlet Channel to latitude 34[deg]39'35''
N, longitude 076[deg]40'00'' 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]40'36'' N, longitude
076[deg]41'00'' W, thence westerly parallel to Bogue Banks to latitude
34[deg]40'21'' N, longitude 076[deg]52'12'' W, thence southwesterly to
latitude 34[deg]39'00'' N 076[deg]53'06'' W, thence southeasterly to
latitude 34[deg]33'18'' N, longitude 076[deg]42'33'' W, thence
northeasterly to latitude 34[deg]34'18'' N, longitude 076[deg]41'27''
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
these 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.
Dated: May 19, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-8857 Filed 6-6-06; 8:45 am]
BILLING CODE 4910-15-P