Special Local Regulations for Marine Events; Onslow Bay, Beaufort Inlet, Morehead City State Port, Beaufort Harbor and Taylor Creek, NC, 14428-14432 [E6-4089]
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Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Proposed Rules
Note: The language in the service
information states the procedure as an
‘‘inspection,’’ but the procedure is a ‘‘pilot
check.’’
Alternative Methods of Compliance
(AMOCs)
(f) The Manager, Fort Worth Aircraft
Certification Office, FAA, has the authority to
approve alternative methods of compliance
for this AD, if requested using the procedures
found in 14 CFR 39.19.
(g) For information on any already
approved alternative methods of compliance
or for information pertaining to this AD,
contact Rao Edupuganti, Aerospace Engineer,
ASW–150, Fort Worth ACO, 2601 Meacham
Blvd., Fort Worth, Texas 76193; telephone
(817) 222–5284; fax (817) 222–5960.
Related Information
(h) Japan Civil Aviation Bureau
Airworthiness Directives No. TCD 4379–96,
dated February 20, 1996; and MHI Service
Bulletins No. 229, dated February 20, 1996;
and No. 090/76–003, dated January 22, 1997,
also address the subject of this AD.
(i) To get copies of the documents
referenced in this AD, contact Mitsubishi
Heavy Industries, Ltd., 4951 Airport
Parkway, Suite 800, Addison, Texas 75001;
telephone: 972–934–5480; facsimile: 972–
934–5488. To view the AD docket, go to the
Docket Management Facility; U.S.
Department of Transportation, 400 Seventh
Street, SW., Nassif Building, Room PL–401,
Washington, DC, or on the Internet at
https://dms.dot.gov. The docket number is
Docket No. FAA–2006–23645; Directorate
Identifier 2006–CE–04–AD.
Issued in Kansas City, Missouri, on March
16, 2006.
James E. Jackson,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–4123 Filed 3–21–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Office of the Secretary
31 CFR Part 10
[REG–122380–02]
RIN 1545–BA72
Regulations Governing Practice Before
the Internal Revenue; Correction
Office of the Secretary,
Treasury.
ACTION: Correction to notice of proposed
rulemaking and notice of public
hearing.
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AGENCY:
SUMMARY: This document contains
corrections to a notice of proposed
rulemaking and notice of public hearing
that was published in the Federal
Register on Wednesday, February 8,
2006 (71 FR 6421). These proposed
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regulations affect individuals who
practice before the Internal Revenue
Service (Circular 230). The proposed
amendments modify the general
standards of practice before the Internal
Revenue Service.
FOR FURTHER INFORMATION CONTACT:
Brinton T. Warren at (202) 622–7800
(not toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The notice of proposed rulemaking
and notice of public hearing (REG–
122380–02) that are the subject of these
corrections are under 31 CFR sections
10.1, 10.2, 10.5, 10.6, 10.7, 10.22, 10.25,
10.27, 10.29, 10.34, 10.35, 10.50, 10.51,
10.52, 10.60, 10.61, 10.62, 10.63, 10.65,
10.68, 10.70, 10.71, 10.72, 10.73, 10.76,
10.77, 10.78, 10.82, 10.90 and 10.91.
Need for Correction
As published, the notice of proposed
rulemaking and notice of public hearing
(REG–122380–02) contains errors that
may prove to be misleading and are in
need of clarification.
Correction of Publication
Accordingly, the publication of the
notice of proposed rulemaking (REG–
122380–02), that was the subject of FR
Doc. 06–1106, is corrected as follows:
1. On page 6421, column 3, the
regulation heading, line 5, (RIN 1545–
AY05’’ is corrected to read ‘‘RIN 1545–
BA72’’.
2. On page 6421, column 3, under the
paragraph heading ‘‘DATES’’, line 3, the
language, ‘‘by April 10, 2006. Outlines
of topics to’’ is corrected to read ‘‘by
April 28, 2006. Outlines of topics to’’.
3. On page 6421, column 3, under the
paragraph heading ‘‘DATES’’, the last
line, the language, ‘‘received by April
10, 2006.’’ is corrected to read ‘‘received
by May 31, 2006.’’.
4. On page 6426, column 2, in the
preamble under the paragraph heading
‘‘Comments and Public Hearing’’, third
paragraph, line 5, the language,
‘‘comments by April 10, 2006 and an’’
is corrected to read ‘‘comments by April
28, 2006 and an’’.
5. On page 6426, column 2, in the
preamble under the paragraph heading
‘‘Comments and Public Hearing’’, third
paragraph the last line, the language,
‘‘April 10, 2006. A period of 10
minutes’’ is corrected to read ‘‘May 31,
2006. A period of 10 minutes’’.
Richard S. Carro,
Senior Advisor to the General Counsel.
[FR Doc. E6–4105 Filed 3–21–06; 8:45 am]
BILLING CODE 4830–01–P
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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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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
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Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Proposed Rules
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 81⁄2 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.
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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.
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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
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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.
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Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Proposed Rules
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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.
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.
Assistance for Small Entities
Protection of Children
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
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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
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Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Proposed Rules
(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 § 100.35–T06–015
to read as follows:
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§ 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°39′36″ N,
longitude 076°37′52″ W, thence
southerly to a position at latitude
34°37′52″ N, longitude 076°37′52″ W,
thence westerly to a position at latitude
34°37′36″ N, longitude 076°40′17″ W,
thence southerly to a position at latitude
34°36′50″ N, longitude 076°40′42″ W,
thence westerly to a position at latitude
34°36′57″ N, longitude 076°41′25″ W,
thence northerly parallel to Beaufort
Inlet Channel to latitude 34°40′37″ N,
longitude 076°40′32″ W, thence
northeasterly to latitude 34°41′21″ N,
longitude 076°40′11″ W, thence
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northwesterly parallel to Cutoff Channel
to latitude 34°41′43″ N, longitude
076°40′21″ W, thence northwesterly
parallel to Morehead City Channel to
latitude 34°42′46″ N, longitude
076°42′02″ W, thence westerly to
latitude 34°42′46″ N, longitude
076°42′12″ W, thence northerly to
latitude 34°42′54″ N, longitude
076°42′13″ W, thence easterly along
Morehead City State Port berth seven,
six, five and four to latitude 34°42′52″
N, longitude 076°41′33″ W, thence
southeasterly to latitude 34°42′35″ N,
longitude 076°41′20″ W, thence
southeasterly parallel to Morehead City
Channel to latitude 34°42′19″ N,
longitude 076°40′49″ W at the entrance
to Beaufort Harbor Channel, thence
along the western bank of Beaufort
Harbor Channel to latitude 34°42′54″ W,
longitude 076°40′44″ W, thence easterly
to the southern tip of Pivers Island,
latitude 34°42′54″ N, longitude
076°40′24″ W, thence northerly along
the shoreline of Pivers Island to latitude
34°43″08″ N, longitude 076°40′19″ W,
thence northerly to intersection of the
Beaufort Bascule Bridge and the
shoreline at latitude 34°43′21″ N,
longitude 076°40′12″ W, thence
northerly along the shoreline to latitude
34°43′38″ N, longitude 076°40′17″ W,
thence northwesterly to latitude
34°43′47″ N, longitude 076°40′22″ W,
thence northeasterly to latitude
34°43′55″ N, longitude 076°40′15″ W,
thence southerly along the shoreline to
latitude 34°43′42″ N, longitude
076°40′04″ W, thence southerly parallel
to Gallants Channel to the intersection
of the Beaufort Bascule Bridge and the
shoreline at latitude 34°43′21″ N,
longitude 076°40′05″ W, thence
southerly to Beaufort Waterfront at
latitude 34°43′07″ N, longitude
076°40′10″ W, thence southeasterly
along Beaufort waterfront to latitude
34°42′57″ N, longitude 076°39′55″ W,
thence south to Carrot Island latitude
34°42′45″ N, longitude 076°39′55″ W,
thence westerly following the shore line
of Carrot Island to latitude 34°42′31″ W,
longitude 076°40′44″ W, thence
southeasterly to latitude 34°41′50″ N,
longitude 076°40′08″ W, thence
southerly to the western tip of
Shackleford Banks at latitude 34°41′18″
N, longitude 076°39′57″ W, thence
southerly to latitude 34°40′30″ N,
longitude 076°39′50″ W, thence
southerly parallel to Beaufort Inlet
Channel to latitude 34°39′35″ N,
longitude 076°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°40′36″ N,
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14431
longitude 076°41′00″ W, thence westerly
parallel to Bogue Banks to latitude
34°40′21″ N, longitude 076°52′12″ W,
thence southwesterly to latitude
34°39′00″ N, longitude 076°53′06″ W,
thence southeasterly to latitude
34°33′18″ N, longitude 076°42′33″ W,
thence northeasterly to latitude
34°34′18″ N, longitude 076°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 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.
E:\FR\FM\22MRP1.SGM
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14432
Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Proposed Rules
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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD09–06–004]
RIN 1625–AA00
Safety Zone; Greater Cleveland Area
Triathlon
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
for each comment. Please submit all
comments and related material in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying. If you
would like to know that your
submission 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
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
This safety zone is necessary to
manage vessel traffic in order to provide
for the safety of life and property on
navigable waters during the event. The
combination of swimmers and the large
number of inexperienced, recreational
boaters that transit this area could easily
result in serious injuries or fatalities.
The Coast Guard proposes the
establishment of a safety zone for the
annual Greater Cleveland area Triathlon
located in the Captain of the Port
Buffalo Zone. This safety zone is
necessary to provide for the safety of life
during the swimming portion of this
event. This action is intended to restrict
vessel traffic within the immediate
vicinity of the event from 6 a.m. (local)
until noon (local) on the 12th and 13th
of August 2006.
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 MSU Cleveland,
1055 East 9th Street, Cleveland, OH
44114. MSU Cleveland maintains the
public docket for this rule making.
Comments and material received from
the public, as well as documents
indicated in this preamble as being
available in the docket CGD09–06–004,
will become part of this docket and will
be available for inspection or copying at
MSU Cleveland, 1055 East 9th Street,
Cleveland, OH 44114 between 8 a.m.
and 3:30 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Nicole Starr, U.S. Coast
Guard Marine Safety Unit Cleveland, at
(216) 937–0128.
SUPPLEMENTARY INFORMATION:
Discussion of Proposed Rule
This safety zone is necessary to
provide for the safety of life on
navigable waters during the swimming
portion of this event. This action is
intended to restrict vessel traffic within
the immediate vicinity of the event in a
portion of Lake Erie. This safety zone is
extending the currently established
swim zone at Headlands Beach State
Park in Painesville Township, Ohio.
The safety zone will include all waters
of Lake Erie within a line drawn from
41°45′19″ N, 081°17′38″ W to 41°45′22″
N, 081°17′46″ W then easterly to
41°45′55″ N, 081°17′09″ W and thence
to 41°45′50″ N, 081°17′01″ W then
following the shoreline to origin. These
coordinates are based on North
American Datum 1983 (NAD 83). The
Coast Guard will notify the public in
advance by way of Ninth Coast Guard
District Local Notice to Mariners,
Marine Information Broadcasts, and for
those who request it from Marine Safety
Unit Cleveland, by facsimile.
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. If you
do so, please include your name and
address, identify the docket number for
this rulemaking, indicate the specific
section of this document to which each
comment applies, and give the reason
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
cprice-sewell on PROD1PC70 with PROPOSALS
SUMMARY:
VerDate Aug<31>2005
14:33 Mar 21, 2006
Jkt 208001
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
reviewed this rule 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 paragraph
10(e) of the regulatory policies and
procedures of DHS is unnecessary.
This determination is based on the
size and location of the safety zone
within the water. Vessels will not be
allowed to transit through the
designated safety zone only during the
specified times.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant 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 rule would affect the following
entities, some of which might be small
entities: the owners or operators of
commercial vessels intending to transit
a portion of the activated safety zone.
This safety zone would not have a
significant economic impact on a
substantial number of small entities for
the following reasons: the proposed
zone is only in effect for 6 hours on the
days of the event. Before the activation
of the safety zone, the Coast Guard will
issue maritime advisories available to
users who may be impacted through
notification in the Federal Register, the
Ninth District Coast Guard Local Notice
to Mariners, Marine Information
Broadcasts and when requested by
facsimile.
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 offered to assist small entities in
understanding this rule so that they can
better evaluate its effects and participate
E:\FR\FM\22MRP1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Proposed Rules]
[Pages 14428-14432]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4089]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
