Special Local Regulations for Marine Events, Bogue Sound; Morehead City, NC, 42542-42545 [2011-18043]
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Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Rules and Regulations
delays the effective date for the interim
rule published on July 16, 2010 (75 FR
41600) from July 16, 2011 to April 1,
2012 and further amends 29 CFR part
2550 as follows:
2. Electronic Delivery
Several commenters requested further
guidance from the Department as to the
standards for electronic delivery that
will apply to disclosures furnished to
participants and beneficiaries under the
participant-level disclosure regulation.
Commenters argued that whether, and
the extent to which, these disclosures
may be furnished electronically will
significantly impact service providers’
systems design and compliance efforts.
Although the Department separately is
pursuing a regulatory initiative to
explore electronic delivery in the
context of participant and beneficiary
disclosures,6 commenters do not believe
that the Department will complete its
broad review of this issue and publish
final guidance as to the standards that
will apply before plans will have to
comply with the participant-level
disclosure regulation. In the meantime,
these commenters suggested that the
Department extend to the participantlevel disclosure regulation the guidance
on the manner of delivery that was
provided for pension benefit statements
in Field Assistance Bulletin (FAB)
2006–03.7
The Department is carefully analyzing
these comments as part of its broader
review of public comments in response
to its recent request for information
concerning ERISA electronic delivery
standards generally.8 These issues,
however, are beyond the scope of this
rulemaking which is limited to delaying
the compliance dates for the 408(b)(2)
and participant-level disclosure
regulations. Consistent with its
statement in the preamble to the final
participant-level disclosure regulation,
the Department intends to provide
guidance on this issue for purposes of
the participant-level disclosure
regulation in advance of the regulation’s
compliance date, so as to ensure
appropriate notice for plans.
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these amendments, they must be
effective before the current July 16,
2011, effective date of the interim final
408(b)(2) regulation (29 CFR 2550.408b–
2(c), RIN 1210–AB08).
PART 2550—RULES AND
REGULATIONS FOR FIDUCIARY
RESPONSIBILITY
[Docket No. USCG–2011–0306]
1. The authority citation for part 2550
continues to read as follows:
Special Local Regulations for Marine
Events, Bogue Sound; Morehead City,
NC
List of Subjects in 29 CFR Part 2550
Employee benefit plans, Exemptions,
Fiduciaries, Investments, Pensions,
Prohibited transactions, Real estate,
Securities, Surety bonds, Trusts and
Trustees.
For the reasons set forth in the
preamble, the Department of Labor
6 See
76 FR 19285 (April 7, 2011).
Field Assistance Bulletin No. 2006–03 (Dec.
20, 2006).
8 76 FR 19285.
7 See
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
■
Authority: 29 U.S.C. 1135, sec. 102,
Reorganization Plan No. 4 of 1978, 5 U.S.C.
App. 1. and Secretary of Labor’s Order No.
6–2009, 74 FR 21524 (May 7, 2009). Sec.
2550.401c–1 also issued under 29 U.S.C.
1101. Sec. 2550.404a–2 also issued under
sec. 657, Pub. L. 107–16, 115 Stat. 38.
Sections 2550.404c–1 and 2550.404c–5 also
issued under 29 U.S.C. 1104. Sec. 2550.408b–
1 also issued under 29 U.S.C. 1108(b)(1). Sec.
2550.408b–19 also issued under sec. 611,
Pub. L. 109–280, 120 Stat. 780, 972. Sec.
2550.412–1 also issued under 29 U.S.C. 1112.
2. Section 2550.404a–5 is amended by
revising paragraph (j)(3)(i) to read as
follows:
■
§ 2550.404a–5 Fiduciary requirements for
disclosure in participant-directed individual
account plans.
*
*
*
*
*
(j) * * *
(3) * * *
(i) (A) Notwithstanding paragraphs
(b), (c) and (d) of this section, the initial
disclosures required on or before the
date on which a participant or
beneficiary can first direct his or her
investments must be furnished no later
than the later of 60 days after such
applicability date or 60 days after the
effective date of 29 CFR 2550.408b–2(c).
(B) Notwithstanding paragraphs (b)
and (c) of this section, the initial
disclosures required under paragraphs
(c)(2)(ii) and (c)(3)(ii) of this section
must be furnished no later than 45 days
after the end of the quarter in which the
disclosure referred to in paragraph
(j)(3)(i)(A) of this section was required
to be furnished to participants and
beneficiaries.
*
*
*
*
*
§ 2550.408b–2
[Amended]
3. Section 2550.408b–2 is amended, in
paragraph (c)(1)(xii), by removing the
date ‘‘July 16, 2011’’ and adding in its
place ‘‘April 1, 2012’’.
■
Signed at Washington, DC, this 12th day of
July 2011.
Phyllis C. Borzi,
Assistant Secretary, Employee Benefits
Security Administration, Department of
Labor.
[FR Doc. 2011–18029 Filed 7–15–11; 8:45 am]
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RIN 1625–AA08
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing Special Local Regulations
for ‘‘The Crystal Coast Grand Prix’’
powerboat race, to be held on the waters
of Bogue Sound, adjacent to Morehead
City, North Carolina. This Special Local
Regulation is necessary to protect
spectators and vessels from hazards
associated with powerboat races. This
regulation will close a portion of the
waters of Bogue Sound to vessel traffic
during the boat race.
DATES: This rule is effective August 20–
21, 2011.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–0306 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0306 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail BOSN3 Joseph M. Edge, Coast
Guard Sector North Carolina, Coast
Guard; telephone 252–247–4525, e-mail
Joseph.M.Edge@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
Regulatory Information
On May 27, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations for
Marine Events, Bogue Sound; Morehead
City, North Carolina in the Federal
Register (76 FR 30887). We received no
comments on the proposed rule. No
public meeting was requested, and none
was held.
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Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Rules and Regulations
Background and Purpose
On August 20–21, 2011 from 10 a.m.
to 4 p.m. East Coast Extreme
Corporation will sponsor ‘‘The Crystal
Coast Grand Prix’’ powerboat race on
the waters of Bogue Sound adjacent to
Morehead City, North Carolina. This
special local regulation is necessary to
ensure the safety of vessels and
spectators from hazards associated with
the powerboat race. The Captain of the
Port North Carolina has determined
powerboat races in close proximity to
watercraft and infrastructure pose
significant risk to public safety and
property. The likely combination of
large numbers of recreational vessels,
powerboats traveling at high speeds,
and large numbers of spectators in close
proximity to the water could easily
result in serious injuries or fatalities.
Establishing a special local regulation
that prohibits vessels or persons from
entering the race course and
surrounding area will help ensure the
safety of persons and property at this
event and help minimize the associated
risk.
The special local regulation will
encompass the waters of Bogue Sound,
adjacent to Morehead City from the
southern tip of Sugar Loaf Island
approximate position latitude 34°42′45″
N, longitude 076°42′48″ W, thence
westerly to Morehead City Channel
Daybeacon 7 (LLNR 38620), thence
southwesterly along the channel line to
Bogue Sound Light 4 (LLNR 38770),
thence southerly to Causeway Channel
Daybeacon 2 (LLNR 28720), 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 westernmost 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 Morehead City Channel
Lighted Buoy 23 (LLNR 29455), thence
easterly to approximate position latitude
34°41′25″ N, longitude 076°41′22″ 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. This
regulated area encompasses the entire
race course located on Bogue Sound
near Morehead City, North Carolina. All
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geographic coordinates are North
American Datum 1983 (NAD 83).
Discussion of Comments and Changes
There were no comments and no
changes made.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This 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.
Although this regulation will restrict
access to the area, the effect of this rule
will not be significant because the
regulated area will be in effect for a
limited time, from 10 a.m. to 4 p.m., on
August 20–21, 2011. The Coast Guard
will give advance notification via
maritime advisories so mariners can
adjust their plans accordingly, and the
regulated area will apply only to the
section of Bogue Sound adjacent to
Morehead City. Coast Guard vessels
enforcing this regulated area can be
contacted on marine band radio VHF–
FM channel 16 (156.8 MHz).
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will 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 the specified
portion of Bogue Sound from 10 a.m. to
4 p.m. on August 20–21, 2011.
This rule would not have a significant
economic impact on a substantial
number of small entities for the
following reasons. This rule will only be
in effect for six hours each day for two
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42543
days total. The regulated area applies
only to the section of Bogue Sound
adjacent to Morehead City and traffic
may be allowed to pass through the
regulated area with the permission of
the Coast Guard Patrol Commander.
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),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
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 rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
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Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Rules and Regulations
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This 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 rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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.
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Energy Effects
We have analyzed this 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.
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Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(h) and (35)(a), of the Instruction.
This rule involves implementation of
regulations within 33 CFR Part 100 that
apply to organized marine events on the
navigable waters of the United States
that may have potential for negative
impact on the safety or other interest of
waterway users and shore side activities
in the event area. This special local
regulation is necessary to provide for
the safety of the general public and
event participants from potential
hazards associated with movement of
vessels near the event area. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
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:
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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 § 100.35T05–0306
to read as follows:
■
§ 100.35T05–0306 Special Local
Regulation; Crystal Coast Grand Prix;
Morehead City, NC.
(a) Regulated area. The following
location is a regulated area: All waters
of Bogue Sound, adjacent to Morehead
City from the southern tip of Sugar Loaf
Island approximate position latitude
34°42′45″ N, longitude 076°42′48″ W,
thence westerly to Morehead City
Channel Daybeacon 7 (LLNR 38620),
thence southwesterly along the channel
line to Bogue Sound Light 4 (LLNR
38770), thence southerly to Causeway
Channel Daybeacon 2 (LLNR 28720),
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 westernmost 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 Morehead City Channel
Lighted Buoy 23 (LLNR 29455), thence
easterly to approximate position latitude
34°41′25″ N, longitude 076°41′22″ 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 North American
Datum 1983 (NAD 83).
(b) Definitions: (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
North Carolina.
(2) Official Patrol means any 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 means all vessels
participating in the ‘‘The Crystal Coast
Grand Prix’’ powerboat race under the
auspices of the Marine Event Permit
issued to the event sponsor and
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approved by Commander, Coast Guard
Sector North Carolina.
(4) Spectator means all persons and
vessels not registered with the event
sponsor as participants or official patrol.
(c) Special local regulations: (1) The
Coast Guard Patrol Commander may
forbid and control the movement of all
vessels in the vicinity of the regulated
area. When hailed or signaled by an
official patrol vessel, a vessel
approaching the regulated area shall
immediately comply with the directions
given. Failure to do so may result in
termination of voyage and citation for
failure to comply.
(2) The Coast Guard Patrol
Commander may terminate the event, or
the operation of any support vessel
participating in the event, at any time it
is deemed necessary for the protection
of life or property. The Coast Guard may
be assisted in the patrol and
enforcement of the regulated area by
other Federal, State, and local agencies.
(3) Vessel traffic, not involved with
the event, may be allowed to transit the
regulated area with the permission of
the Patrol Commander. Vessels that
desire passage through the regulated
area shall contact the Coast Guard Patrol
Commander on VHF–FM marine band
radio for direction. Only participants
and official patrol vessels are allowed to
enter the regulated area.
(4) All Coast Guard vessels enforcing
the regulated area can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz) and channel 22 (157.1
MHz). The Coast Guard will issue
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement period: This section
will be enforced from 10 a.m. to 4 p.m.
on August 20–21, 2011.
Dated: July 5, 2011.
T.M. Cummins,
Commander, U.S. Coast Guard, Acting
Captain of the Port North Carolina.
[FR Doc. 2011–18043 Filed 7–18–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
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Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0536]
RIN 1625–AA11
Regulated Navigation Area; Chelsea
Street Bridge Construction, Chelsea,
MA
AGENCY:
Coast Guard, DHS.
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ACTION: Temporary interim rule with
request for comments.
SUMMARY: The United States Coast
Guard is establishing a regulated
navigation area (RNA) on the navigable
waters of the Chelsea River under and
surrounding the Chelsea Street Bridge
(CSB) that crosses the Chelsea River
between East Boston and Chelsea,
Massachusetts. This temporary interim
rule allows the Coast Guard to suspend
all vessel traffic within the RNA for
construction operations, both planned
and unforeseen, that could pose an
imminent hazard to vessels operating in
the area. This rule is necessary to
provide for the safety of life on the
navigable waters during the
construction of the Chelsea Street
Bridge.
DATES: This rule is effective in the CFR
on July 19, 2011 through May 31, 2012.
This rule is effective with actual notice
for purposes of enforcement on July 8,
2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0536 using any one of the
following methods:
(1) Federal e-Rulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
Documents indicated in this preamble
as being available in the docket are part
of docket USCG–2011–0536 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0536 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ They are also
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
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42545
rule, call or e-mail MST1 David Labadie
of the Waterways Management Division,
U.S. Coast Guard Sector Boston;
telephone 617–223–3010, e-mail
david.j.labadie@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
As this interim rule will be in effect
before the end of the comment period,
the Coast Guard will evaluate and revise
this rule as necessary to address
significant public comments.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0536),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2011–0536’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
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E:\FR\FM\19JYR1.SGM
19JYR1
]]>Agencies
[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Rules and Regulations]
[Pages 42542-42545]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18043]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0306]
RIN 1625-AA08
Special Local Regulations for Marine Events, Bogue Sound;
Morehead City, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing Special Local Regulations for
``The Crystal Coast Grand Prix'' powerboat race, to be held on the
waters of Bogue Sound, adjacent to Morehead City, North Carolina. This
Special Local Regulation is necessary to protect spectators and vessels
from hazards associated with powerboat races. This regulation will
close a portion of the waters of Bogue Sound to vessel traffic during
the boat race.
DATES: This rule is effective August 20-21, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0306 and are available online by going to
https://www.regulations.gov, inserting USCG-2011-0306 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail BOSN3 Joseph M. Edge, Coast Guard Sector North Carolina,
Coast Guard; telephone 252-247-4525, e-mail Joseph.M.Edge@uscg.mil. If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
Regulatory Information
On May 27, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events, Bogue
Sound; Morehead City, North Carolina in the Federal Register (76 FR
30887). We received no comments on the proposed rule. No public meeting
was requested, and none was held.
[[Page 42543]]
Background and Purpose
On August 20-21, 2011 from 10 a.m. to 4 p.m. East Coast Extreme
Corporation will sponsor ``The Crystal Coast Grand Prix'' powerboat
race on the waters of Bogue Sound adjacent to Morehead City, North
Carolina. This special local regulation is necessary to ensure the
safety of vessels and spectators from hazards associated with the
powerboat race. The Captain of the Port North Carolina has determined
powerboat races in close proximity to watercraft and infrastructure
pose significant risk to public safety and property. The likely
combination of large numbers of recreational vessels, powerboats
traveling at high speeds, and large numbers of spectators in close
proximity to the water could easily result in serious injuries or
fatalities. Establishing a special local regulation that prohibits
vessels or persons from entering the race course and surrounding area
will help ensure the safety of persons and property at this event and
help minimize the associated risk.
The special local regulation will encompass the waters of Bogue
Sound, adjacent to Morehead City from the southern tip of Sugar Loaf
Island approximate position latitude 34[deg]42'45'' N, longitude
076[deg]42'48'' W, thence westerly to Morehead City Channel Daybeacon 7
(LLNR 38620), thence southwesterly along the channel line to Bogue
Sound Light 4 (LLNR 38770), thence southerly to Causeway Channel
Daybeacon 2 (LLNR 28720), 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 westernmost 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 Morehead City
Channel Lighted Buoy 23 (LLNR 29455), thence easterly to approximate
position latitude 34[deg]41'25'' N, longitude 076[deg]41'22'' 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. This regulated
area encompasses the entire race course located on Bogue Sound near
Morehead City, North Carolina. All geographic coordinates are North
American Datum 1983 (NAD 83).
Discussion of Comments and Changes
There were no comments and no changes made.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This 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.
Although this regulation will restrict access to the area, the
effect of this rule will not be significant because the regulated area
will be in effect for a limited time, from 10 a.m. to 4 p.m., on August
20-21, 2011. The Coast Guard will give advance notification via
maritime advisories so mariners can adjust their plans accordingly, and
the regulated area will apply only to the section of Bogue Sound
adjacent to Morehead City. Coast Guard vessels enforcing this regulated
area can be contacted on marine band radio VHF-FM channel 16 (156.8
MHz).
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
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 the specified portion of Bogue Sound from 10 a.m. to 4 p.m. on
August 20-21, 2011.
This rule would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will only be in effect for six hours each day for two days total.
The regulated area applies only to the section of Bogue Sound adjacent
to Morehead City and traffic may be allowed to pass through the
regulated area with the permission of the Coast Guard Patrol Commander.
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), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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 rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires
[[Page 42544]]
Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(h) and (35)(a), of the Instruction. This rule involves
implementation of regulations within 33 CFR Part 100 that apply to
organized marine events on the navigable waters of the United States
that may have potential for negative impact on the safety or other
interest of waterway users and shore side activities in the event area.
This special local regulation is necessary to provide for the safety of
the general public and event participants from potential hazards
associated with movement of vessels near the event area. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
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
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233
0
2. Add a temporary Sec. 100.35T05-0306 to read as follows:
Sec. 100.35T05-0306 Special Local Regulation; Crystal Coast Grand
Prix; Morehead City, NC.
(a) Regulated area. The following location is a regulated area: All
waters of Bogue Sound, adjacent to Morehead City from the southern tip
of Sugar Loaf Island approximate position latitude 34[deg]42'45'' N,
longitude 076[deg]42'48'' W, thence westerly to Morehead City Channel
Daybeacon 7 (LLNR 38620), thence southwesterly along the channel line
to Bogue Sound Light 4 (LLNR 38770), thence southerly to Causeway
Channel Daybeacon 2 (LLNR 28720), 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 westernmost 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 Morehead City
Channel Lighted Buoy 23 (LLNR 29455), thence easterly to approximate
position latitude 34[deg]41'25'' N, longitude 076[deg]41'22'' 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 North American Datum 1983 (NAD 83).
(b) Definitions: (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the U.S. Coast Guard who has
been designated by the Commander, Coast Guard Sector North Carolina.
(2) Official Patrol means any 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 means all vessels participating in the ``The
Crystal Coast Grand Prix'' powerboat race under the auspices of the
Marine Event Permit issued to the event sponsor and
[[Page 42545]]
approved by Commander, Coast Guard Sector North Carolina.
(4) Spectator means all persons and vessels not registered with the
event sponsor as participants or official patrol.
(c) Special local regulations: (1) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels in the vicinity of
the regulated area. When hailed or signaled by an official patrol
vessel, a vessel approaching the regulated area shall immediately
comply with the directions given. Failure to do so may result in
termination of voyage and citation for failure to comply.
(2) The Coast Guard Patrol Commander may terminate the event, or
the operation of any support vessel participating in the event, at any
time it is deemed necessary for the protection of life or property. The
Coast Guard may be assisted in the patrol and enforcement of the
regulated area by other Federal, State, and local agencies.
(3) Vessel traffic, not involved with the event, may be allowed to
transit the regulated area with the permission of the Patrol Commander.
Vessels that desire passage through the regulated area shall contact
the Coast Guard Patrol Commander on VHF-FM marine band radio for
direction. Only participants and official patrol vessels are allowed to
enter the regulated area.
(4) All Coast Guard vessels enforcing the regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22 (157.1 MHz). The Coast Guard will issue marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
(d) Enforcement period: This section will be enforced from 10 a.m.
to 4 p.m. on August 20-21, 2011.
Dated: July 5, 2011.
T.M. Cummins,
Commander, U.S. Coast Guard, Acting Captain of the Port North Carolina.
[FR Doc. 2011-18043 Filed 7-18-11; 8:45 am]
BILLING CODE 9110-04-P
