[Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
[Rules and Regulations]
[Pages 59232-59233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29413]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-98-093]
RIN 2115-AE46
Special Local Regulations for Marine Events; Blackbeard's Bounty
Festival Pirate Attack, Bogue Sound, Morehead City, North Carolina
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Temporary special local regulations are being adopted for the
Blackbeard's Bounty Festival Pirate Attack to be held in the waters of
Bogue Sound, between the Morehead City waterfront and Sugar Loaf
Island, North Carolina. These special local regulations are necessary
to control vessel traffic in the immediate vicinity of this event. The
effect will be to restrict general navigation in the regulated area for
the safety of spectators, event participants, and transiting vessels.
EFFECTIVE DATE: This regulation is effective from 1:30 p.m. to 6 p.m.
on November 7, 1998.
FOR FURTHER INFORMATION CONTACT:
Petty Officer Matheny, Marine Events Coordinator, Commander, Coast
Guard Group Fort Macon, P.O. Box 237, Atlantic Beach, North Carolina
28512-0237, telephone number (252) 247-4570.
SUPPLEMENTARY INFORMATION:
Regulatory History
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
was not published for this regulation and good cause exists for making
it effective in less than 30 days from the date of publication.
Following normal rulemaking procedures would have been impractical. The
request to hold the event was not received until October 9, 1998.
Publishing a notice of proposed rulemaking and delaying its effective
date would be contrary to safety interests, since immediate action is
needed to minimize potential danger to the participants in this event.
[[Page 59233]]
Background and Purpose
On November 7, 1998, the Morehead City Downtown Revitalization
Committee will sponsor the Blackbeard's Bounty Festival Pirate Attack
in the waters of Bogue Sound, between the Morehead City waterfront and
Sugar Loaf Island. The event will consist of a mock pirate attack, with
simulated cannon fire and pyrotechnic displays. These temporary special
local regulations are necessary to provide for the safety of life and
property on navigable waters during the event.
Discussion of Regulations
The Coast Guard will establish temporary special local regulations
on specified waters of Bogue Sound, between the Morehead City
waterfront and Sugar Loaf Island. The temporary special local
regulations will be in effect from 1:30 p.m. to 6 p.m. on November 7,
1998. Except for participants in the Blackbeard's Bounty Festival
Pirate Attack and vessels authorized by the Coast Guard Patrol
Commander, no person or vessel may enter or remain in the regulated
area without the permission of the Patrol Commander.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory procedures of DOT is unnecessary. Since
the regulations will only be in effect for a short period, the impacts
on routine navigation are expected to be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard must consider whether this rule will have a significant economic
impact on a substantial number of small entities. ``Small entities''
include independently owned and operated small businesses that are not
dominant in their field and that otherwise qualify as ``small business
concerns'' under section 3 of the Small Business Act (15 U.S.C. 632).
Because it expects the impact of this rule to be minimal, the Coast
Guard certifies under Section 605(b) of the Regulatory Flexibility Act
(5 U.S.C. 601-612) that this temporary final rule will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
These regulations contain no collection of information requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under figure 2-1, paragraph (34)(h) of COMDTINST
M16475.1C, this rule is categorically excluded from further
environmental documentation. Special local regulations issued in
conjunction with a regatta or marine parade are excluded under that
authority.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Temporary Regulations
In consideration of the foregoing, Part 100 of Title 33, Code of
Federal Regulations is amended as follows:
PART 100--[AMENDED]
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. A temporary Section 100.35-T05-093 is added to read as follows:
Sec. 100.35-T05-093 Bogue Sound Morehead City, North Carolina.
(a) Definitions:
(1) Regulated area: The waters of Bogue Sound between the Morehead
City waterfront and Sugar Loaf Island from shoreline to shoreline,
bounded on the west by a line drawn along longitude 76 deg.43'00'' West
and bounded on the east by a line drawn along longitude 76 deg.42'30''
West. All coordinates reference Datum NAD 1983.
(2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the Coast Guard who has
been designated by the Commander, Coast Guard Group Fort Macon.
(b) Special Local Regulations:
(1) Except for participants in the Blackbeard's Bounty Festival
Pirate Attack and vessels authorized by the Coast Guard Patrol
Commander, no person or vessel may enter or remain in the regulated
area without the permission of the Patrol Commander.
(2) The operator of any vessel in the regulated area shall:
(i) Stop the vessel immediately when directed to do so by any
commissioned, warrant, or petty officer on board a vessel displaying a
Coast Guard ensign.
(ii) Proceed as directed by any commissioned, warrant, or petty
officer on board a vessel displaying a Coast Guard ensign.
(c) Effective dates: This temporary final rule is effective from
1:30 p.m. to 6 p.m. on November 7, 1998.
Dated: October 21, 1998.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 98-29413 Filed 11-2-98; 8:45 am]
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