Special Local Regulation for Marine Event, Bogue Sound, Morehead City, NC, 32567-32569 [E7-11344]

Download as PDF Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Proposed Rules mmaher on PRODPC24 with MISCELLANEOUS days, whichever occurs first, if the oil level is not at the maximum level, fill it to the maximum level for Model EC 155B and EC155B1 helicopters. (d) Inspect the magnetic plug of the TGB for any chips as follows: (1) At intervals not to exceed 25 hours TIS for helicopters with a magnetic plug without a chip electrical indication in the cockpit, or (2) At intervals not to exceed 100 hours TIS and after any illumination of the TGB ‘‘CHIP’’ warning light for helicopters with a chip electrical indication in the cockpit. (e) If you find any chips during the inspection in paragraph (d) of this AD, before further flight, follow the Accomplishment Instructions, paragraph 2.B.2.b), of Eurocopter Alert Service Bulletin No. 05.00.54 for Model SA–365N1, AS–365N2, AS 365 N3; No. 05A015 for Model EC 155B and EC155B1; or No. 05.37 for Model SA– 366G1 all dated August 25, 2006 (ASBs), as appropriate for your model helicopter. (1) If the quantity of chips on the magnetic plug, as referenced in the Operational Procedures, paragraph 2.B.2.b(1) of the ASBs is at or above the removal criteria, before further flight, replace the TGB with an airworthy TGB. (2) If the quantity of chips on the magnetic plug is below the removal criteria, as referenced in the Operational Procedure, paragraph 2.B.2.b(2) of the ASBs. (i) Inspect for axial play in the T/R hub pitch control change spider (spider) by following the additional steps in the Operational Procedure, paragraph 2.B.2.b(2) of the ASBs. (ii) If there is axial play in the spider, before further flight, replace the bearing with an airworthy bearing. (f) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Safety Management Group, ATTN: Uday Garadi, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort Worth, Texas 76193–0110, telephone (817) 222–5123, fax (817) 222– 5961. (g) Special flight permits will not be issued. Note: The subject of this AD is addressed in European Aviation Safety Agency Revised Emergency AD No. 2006–0258 R1–E on August 29, 2006, which replaced AD No. 2006–0051–E, dated February 20, 2006. Issued in Fort Worth, Texas, on June 5, 2007. Mark R. Schilling, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E7–11388 Filed 6–12–07; 8:45 am] BILLING CODE 4910–13–P VerDate Aug<31>2005 02:27 Jun 14, 2007 Jkt 211001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. CGD05–07–059] RIN 1625–AA08 Special Local Regulation for Marine Event, Bogue Sound, Morehead City, NC Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Coast Guard proposes to establish temporary special local regulations for the ‘‘Crystal Coast Super Boat Grand Prix’’, a power boat race to be held on the waters of Bogue Banks adjacent to Morehead City, NC. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in the Morehead City Turning Basin including sections of the IntraCoastal Waterways and Morehead City Channel during the power boat race. DATES: Comments and related material must reach the Coast Guard on or before July 13, 2007. ADDRESSES: You may mail comments and related material to Commander (dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, Virginia, 23704–5004, hand deliver them to Room 119 at the same address between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays, fax them to (757) 398–6203, or e-mail them to Dennis.M.Sens@uscg.mil. The Inspections and Investigations Branch, Fifth Coast Guard District, maintains the public docket for this rulemaking. Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at the above address between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: CWO Christopher Humphrey, Prevention Department, Sector North Carolina, at (252) 247–4525 or via e-mail to Christopher.D.Humphrey@uscg.mil. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number for PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 32567 this rulemaking (CGD05–07–059), indicate the specific section of this document to which each comment applies, and give the reason for each comment. Please submit all comments and related material in an unbound format, no larger than 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 Fifth Coast Guard District at the address under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. Background and Purpose On September 23, 2007, the Super Boat International Productions Inc. will sponsor the ‘‘Crystal Coast Super Boat Grand Prix’’, on the waters of Bogue Sound including the Morehead City Turning Basin, sections of the IntraCoastal Waterway, and Morehead City Channel at Morehead City, North Carolina. The event will consist of approximately 35 power boats participating in two high-speed competitive races, traveling counterclockwise around a race course. A fleet of spectator vessels are expected to gather near the event site to view the competition. To provide for the safety of participants, spectators and other transiting vessels, the Coast Guard will temporarily restrict vessel traffic in the event area during the races. Discussion of Proposed Rule The Coast Guard proposes the establishment of special local regulations on specified waters of Bogue Sound. The regulation would be enforced from 9 a.m. to 5 p.m. on September 23, 2007. The effect of the regulation would be to restrict general navigation in the regulated area during the races. Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. Non-participating vessels will be allowed to transit the regulated area between races, when the Coast Guard Patrol Commander determines it is safe to do so. These regulations are needed to control vessel traffic during the event to enhance the safety of participants, spectators and transiting vessels. D:\DOCS\13JNP1.SGM 13JNP1 32568 Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Proposed Rules Regulatory Evaluation This proposed rule is not a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. Although this regulation prevents traffic from transiting a portion of Morehead City State Port Turning Basin, sections of the Intra Coastal Waterway and Morehead City Channel during the event, the effect of this regulation will not be significant due to the limited duration that the regulated area will be in effect. Extensive advance notification will be made to the maritime community via marine information broadcast, local radio stations and area newspapers so mariners can adjust their plans accordingly. Additionally, the regulated area has been narrowly tailored to impose the least impact on general navigation yet provide the level of safety deemed necessary. Vessel traffic will be able to transit the regulated area between heats, when the Coast Guard Patrol Commander deems it is safe to do so. mmaher on PRODPC24 with MISCELLANEOUS Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit this section of Bogue Sound including the Morehead City Turning Basin, Atlantic Intra-Coastal waterway and Morehead City Channel from 9 a.m. to 5 p.m. on September 23, 2007. This proposed rule would not have a significant economic impact on substantial number of small entities for the following reasons. Although the regulated area will apply to the VerDate Aug<31>2005 02:27 Jun 14, 2007 Jkt 211001 Morehead City Channel, Morehead City Turning Basin and a two-mile segment of the Atlantic Intra-coastal Waterway, south and west of the Highway 70 Bridge, from approximately mile 204 of the Atlantic Intra-coastal Waterway to mile 206, traffic may be allowed to pass through the regulated area with the permission of the Coast Guard Patrol Commander. In the case where the Patrol Commander authorizes passage through the regulated area during the event, vessels shall proceed at the minimum speed necessary to maintain a safe course that minimizes wake near the race course. The Patrol Commander will allow non-participating vessels to transit the event area between races. Before the enforcement period, we will issue maritime advisories so mariners can adjust their plans accordingly. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, contact Coast Guard Sector North Carolina listed under FOR FURTHER INFORMATION CONTACT at the beginning of this rule. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 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 D:\DOCS\13JNP1.SGM 13JNP1 Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Proposed Rules § 100.35–T05–059 Bogue Sound, Morehead City, North Carolina. of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is not likely to have a significant effect on the human environment. Draft documentation supporting this preliminary determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. mmaher on PRODPC24 with MISCELLANEOUS For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233. 2. Add a temporary § 100.35–T05–059 to read as follows: VerDate Aug<31>2005 02:27 Jun 14, 2007 Jkt 211001 (a) Regulated area. The regulated area is established for the waters of Bogue Sound, adjacent to Morehead City, NC, from the southern tip of Sugar Loaf Island approximate position latitude 34°42′55″ N longitude 076°42′48″ W, thence westerly to Morehead City Channel Daybeacon 7 (LLNR 38620), thence southwest along the channel line to Bogue Sound Light 4 (LLRN 38770), thence southerly to Causeway Channel Daybeacon 2 (LLNR 38720), thence southeasterly to Money Island Daybeacon 1 (LLNR 38645), thence easterly to Eight and One Half Marina Daybeacon 2 (LLNR 38685), thence easterly to the western most shoreline of Brant Island approximate position latitude 34°42′36″ N longitude 076°42′11″ W, thence northeasterly along the shoreline to Tombstone Point approximate position latitude 34°42′14″ N longitude 076°41′20″ W, thence southeasterly to the east end of the pier at Coast Guard Sector North Carolina approximate position latitude 34°42′00″ N longitude 076°40′52″ W, thence easterly to Morehead City Channel Buoy 20 (LLNR 29427), thence northerly to Beaufort Harbor Channel LT 1BH (LLNR 34810), thence northwesterly to the southern tip of Radio Island approximate position latitude 34°42′22″ N longitude 076°40′52″ W, thence northerly along the shoreline to approximate position latitude 34°43′00″ N longitude 076°41′25″ W, thence westerly to the North Carolina State Port Facility, thence westerly along the State Port to the southwest corner approximate position latitude 34°42′55″ N longitude 076°42′12″ W, thence westerly to the southern tip of Sugar Loaf Island the point of origin. All coordinates reference Datum NAD 1983. (b) Definitions. (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Commander, Coast Guard Sector North Carolina. (2) Official Patrol means any person or vessel assigned or approved by Commander, Coast Guard Sector North Carolina with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (3) Participant includes all vessels participating in the ‘‘Crystal Coast Super Boat Grand Prix’’ under the auspices of the Marine Event Permit issued to the event sponsor and approved by Commander, Coast Guard Sector North Carolina. (c) Special local regulations. (1) Except for persons or vessels authorized by the Coast Guard Patrol Commander, PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 32569 no person or vessel may enter or remain in the regulated area. (2) The operator of any vessel in the regulated area must: (i) Stop the vessel immediately when directed to do so by any Official Patrol and then proceed only as directed. (ii) All persons and vessels shall comply with the instructions of the Official Patrol. (iii) The operator of a vessel in the regulated area shall stop the vessel immediately when instructed to do so by the Official Patrol and then proceed as directed. (iv) When authorized to transit the regulated area, all vessels shall proceed at the minimum speed necessary to maintain a safe course that minimizes wake near the race course. (d) Enforcement period. This section will be enforced from 9 a.m. to 5 p.m. on September 23, 2007. Dated: June 5, 2007. Larry L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E7–11344 Filed 6–12–07; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2005–AL–0002–200623e; FRL–8326–8] Approval and Promulgation of Implementation Plans Alabama: Approval of Revisions to the State Implementation Plan; Re-Opening of Comment Period Environmental Protection Agency (EPA). ACTION: Proposed rule; re-opening of public comment period. AGENCY: SUMMARY: EPA is re-opening the comment period for a proposed rule published April 12, 2007 (72 FR 18428). On April 12, 2007, EPA proposed to approve a revision to the State Implementation Plan for the State of Alabama regarding the State’s visible emissions rule, Alabama Rule 335–3–4– .01 ‘‘Visible Emissions.’’ At the request of a commentor, EPA is re-opening the comment period through July 11, 2007. DATES: Written comments must be received on or before July 11, 2007. ADDRESSES: Comments should be submitted to: Ms. Stacy Harder, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, D:\DOCS\13JNP1.SGM 13JNP1

Agencies

[Federal Register Volume 72, Number 113 (Wednesday, June 13, 2007)]
[Proposed Rules]
[Pages 32567-32569]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11344]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. CGD05-07-059]
RIN 1625-AA08


Special Local Regulation for Marine Event, Bogue Sound, Morehead 
City, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish temporary special local 
regulations for the ``Crystal Coast Super Boat Grand Prix'', a power 
boat race to be held on the waters of Bogue Banks adjacent to Morehead 
City, NC. These special local regulations are necessary to provide for 
the safety of life on navigable waters during the event. This action is 
intended to restrict vessel traffic in the Morehead City Turning Basin 
including sections of the Intra-Coastal Waterways and Morehead City 
Channel during the power boat race.

DATES: Comments and related material must reach the Coast Guard on or 
before July 13, 2007.

ADDRESSES: You may mail comments and related material to Commander 
(dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia, 23704-5004, hand deliver them to Room 119 at the same address 
between 9 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays, fax them to (757) 398-6203, or e-mail them to 
Dennis.M.Sens@uscg.mil. The Inspections and Investigations Branch, 
Fifth Coast Guard District, maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at the above address between 9 a.m. and 2 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: CWO Christopher Humphrey, Prevention 
Department, Sector North Carolina, at (252) 247-4525 or via e-mail to 
Christopher.D.Humphrey@uscg.mil.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-07-
059), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Fifth Coast Guard District at the 
address under ADDRESSES explaining why one would be beneficial. If we 
determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    On September 23, 2007, the Super Boat International Productions 
Inc. will sponsor the ``Crystal Coast Super Boat Grand Prix'', on the 
waters of Bogue Sound including the Morehead City Turning Basin, 
sections of the Intra-Coastal Waterway, and Morehead City Channel at 
Morehead City, North Carolina. The event will consist of approximately 
35 power boats participating in two high-speed competitive races, 
traveling counter-clockwise around a race course. A fleet of spectator 
vessels are expected to gather near the event site to view the 
competition. To provide for the safety of participants, spectators and 
other transiting vessels, the Coast Guard will temporarily restrict 
vessel traffic in the event area during the races.

Discussion of Proposed Rule

    The Coast Guard proposes the establishment of special local 
regulations on specified waters of Bogue Sound. The regulation would be 
enforced from 9 a.m. to 5 p.m. on September 23, 2007. The effect of the 
regulation would be to restrict general navigation in the regulated 
area during the races. Except for persons or vessels authorized by the 
Coast Guard Patrol Commander, no person or vessel may enter or remain 
in the regulated area. Non-participating vessels will be allowed to 
transit the regulated area between races, when the Coast Guard Patrol 
Commander determines it is safe to do so. These regulations are needed 
to control vessel traffic during the event to enhance the safety of 
participants, spectators and transiting vessels.

[[Page 32568]]

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. Although this 
regulation prevents traffic from transiting a portion of Morehead City 
State Port Turning Basin, sections of the Intra Coastal Waterway and 
Morehead City Channel during the event, the effect of this regulation 
will not be significant due to the limited duration that the regulated 
area will be in effect. Extensive advance notification will be made to 
the maritime community via marine information broadcast, local radio 
stations and area newspapers so mariners can adjust their plans 
accordingly. Additionally, the regulated area has been narrowly 
tailored to impose the least impact on general navigation yet provide 
the level of safety deemed necessary. Vessel traffic will be able to 
transit the regulated area between heats, when the Coast Guard Patrol 
Commander deems it is safe to do so.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This rule will affect the following entities, 
some of which may be small entities: The owners or operators of vessels 
intending to transit this section of Bogue Sound including the Morehead 
City Turning Basin, Atlantic Intra-Coastal waterway and Morehead City 
Channel from 9 a.m. to 5 p.m. on September 23, 2007. This proposed rule 
would not have a significant economic impact on substantial number of 
small entities for the following reasons. Although the regulated area 
will apply to the Morehead City Channel, Morehead City Turning Basin 
and a two-mile segment of the Atlantic Intra-coastal Waterway, south 
and west of the Highway 70 Bridge, from approximately mile 204 of the 
Atlantic Intra-coastal Waterway to mile 206, traffic may be allowed to 
pass through the regulated area with the permission of the Coast Guard 
Patrol Commander. In the case where the Patrol Commander authorizes 
passage through the regulated area during the event, vessels shall 
proceed at the minimum speed necessary to maintain a safe course that 
minimizes wake near the race course. The Patrol Commander will allow 
non-participating vessels to transit the event area between races. 
Before the enforcement period, we will issue maritime advisories so 
mariners can adjust their plans accordingly.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, contact Coast Guard Sector North Carolina 
listed under FOR FURTHER INFORMATION CONTACT at the beginning of this 
rule. The Coast Guard will not retaliate against small entities that 
question or complain about this rule or any policy or action of the 
Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office

[[Page 32569]]

of Information and Regulatory Affairs has not designated it as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD and Department of Homeland Security Management Directive 
5100.1, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is not likely to 
have a significant effect on the human environment. Draft documentation 
supporting this preliminary determination is available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233.

    2. Add a temporary Sec.  100.35-T05-059 to read as follows:


Sec.  100.35-T05-059  Bogue Sound, Morehead City, North Carolina.

    (a) Regulated area. The regulated area is established for the 
waters of Bogue Sound, adjacent to Morehead City, NC, from the southern 
tip of Sugar Loaf Island approximate position latitude 34[deg]42'55'' N 
longitude 076[deg]42'48'' W, thence westerly to Morehead City Channel 
Daybeacon 7 (LLNR 38620), thence southwest along the channel line to 
Bogue Sound Light 4 (LLRN 38770), thence southerly to Causeway Channel 
Daybeacon 2 (LLNR 38720), thence southeasterly to Money Island 
Daybeacon 1 (LLNR 38645), thence easterly to Eight and One Half Marina 
Daybeacon 2 (LLNR 38685), thence easterly to the western most shoreline 
of Brant Island approximate position latitude 34[deg]42'36'' N 
longitude 076[deg]42'11'' W, thence northeasterly along the shoreline 
to Tombstone Point approximate position latitude 34[deg]42'14'' N 
longitude 076[deg]41'20'' W, thence southeasterly to the east end of 
the pier at Coast Guard Sector North Carolina approximate position 
latitude 34[deg]42'00'' N longitude 076[deg]40'52'' W, thence easterly 
to Morehead City Channel Buoy 20 (LLNR 29427), thence northerly to 
Beaufort Harbor Channel LT 1BH (LLNR 34810), thence northwesterly to 
the southern tip of Radio Island approximate position latitude 
34[deg]42'22'' N longitude 076[deg]40'52'' W, thence northerly along 
the shoreline to approximate position latitude 34[deg]43'00'' N 
longitude 076[deg]41'25'' W, thence westerly to the North Carolina 
State Port Facility, thence westerly along the State Port to the 
southwest corner approximate position latitude 34[deg]42'55'' N 
longitude 076[deg]42'12'' W, thence westerly to the southern tip of 
Sugar Loaf Island the point of origin. All coordinates reference Datum 
NAD 1983.
    (b) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Sector North Carolina.
    (2) Official Patrol means any person or vessel assigned or approved 
by Commander, Coast Guard Sector North Carolina with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant includes all vessels participating in the ``Crystal 
Coast Super Boat Grand Prix'' under the auspices of the Marine Event 
Permit issued to the event sponsor and approved by Commander, Coast 
Guard Sector North Carolina.
    (c) Special local regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area must: (i) Stop 
the vessel immediately when directed to do so by any Official Patrol 
and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (iii) The operator of a vessel in the regulated area shall stop the 
vessel immediately when instructed to do so by the Official Patrol and 
then proceed as directed.
    (iv) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the race course.
    (d) Enforcement period. This section will be enforced from 9 a.m. 
to 5 p.m. on September 23, 2007.

    Dated: June 5, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-11344 Filed 6-12-07; 8:45 am]
BILLING CODE 4910-15-P