18672 Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Proposed Rules 

VHF Marine Band Radio, channels 13 

and 16. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(e) Enforcement period. This section 

will be enforced from 10 a.m. to 4 p.m. 

on June 30, 2011 unless cancelled 

earlier by the Captain of the Port. 

Dated: March 23, 2011. 

A. Popiel, 

Captain, U.S. Coast Guard, Captain of the 

Port North Carolina. 

[FR Doc. 2011–8005 Filed 4–4–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0168] 

RIN 1625–AA00 

Safety Zone; Big Rock Blue Marlin Air 

Show; Bogue Sound, Morehead City, 

NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary Safety Zone for 

the ‘‘Big Rock Blue Marlin Air Show’’, an 

aerial demonstration to be held over the 

waters of Bogue Sound, adjacent to 

Morehead City, North Carolina. This 

Safety Zone is necessary to provide for 

the safety of life on navigable waters 

during the event. This action is 

intended to restrict vessel traffic on the 

Intracoastal Waterway from 7 p.m. until 

8 p.m. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 5, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–0168 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail BOSN3 Joseph M. 

Edge, Prevention Department, Coast 

Guard Sector North Carolina; telephone 

252–247–4525, e-mail 

Joseph.M.Edge@uscg.mil. If you have 

questions on viewing or submitting 

material to 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 http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2011–0168), 

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 http:// 

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 http:// 

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 

http://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–2011–0168’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2011– 

0168’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting 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. 

Basis and Purpose 

On June 11, 2011 from 7 p.m. to 

8 p.m., the Big Rock Blue Marlin 

Tournament will sponsor the ‘‘Big Rock 

Blue Marlin Air Show’’ consisting of an 

aerial demonstration to take place 

directly above the waters of Bogue 

Sounds including the waters of the 

Intracoastal Waterway adjacent to 

Morehead City, North Carolina. To 

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Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Proposed Rules 18673 

provide for the safety of the spectators 

and other transiting vessels, the Coast 

Guard will temporarily restrict vessel 

traffic in the event area during this 

event. 

Discussion of Proposed Rule 

The Coast Guard is proposing to 

establish a temporary safety zone that 

will restrict vessel movement for one 

hour prior to the event on the specified 

waters of Bogue Sound, Morehead City, 

NC. During the enforcement period, 

while the Aerial Event is taking place, 

no vessel will be allowed to transit the 

waterway unless the vessel is given 

permission from the Patrol Commander 

to transit. This safety zone will be 

enforced from 7 p.m. to 8 p.m. on June 

11, 2011. 

Regulatory Analyses 

We developed this proposed 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. 

Executive Order 12866 and Executive 

Order 13563 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, 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 

prevents traffic from transiting waters of 

Bogue Sound 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 and local 

area newspapers so mariners can adjust 

their plans accordingly. Vessel traffic 

will be able to transit the regulated area 

before and after the event, 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 proposed rule would affect 

the following entities, some of which 

might be small entities: The owners of 

operators of vessels intending to transit 

this section of the Bogue Sound from 

7 p.m. to 8 p.m. on June 11, 2011. This 

safety zone would not have significant 

economic impact on a substantial 

number of small entities for the 

following reasons. This safety zone 

would be activated, and this subject to 

enforcement, for only 1 hour in the 

evening. Vessel traffic will be able to 

transit the area immediately prior to and 

immediately following the enforcement 

period. Before the activation of the zone, 

we would issue maritime advisories 

widely to users of the waterway. 

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 BOSN3 

Joseph Edge, Prevention Department, 

Sector North Carolina, 252–247–4525. 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this proposed 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 (adjusted for inflation) 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 cause 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 

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18674 Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Proposed Rules 

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 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 made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule is 

categorically excluded, under figure 2– 

1, paragraph (34)(g), of this instruction. 

The special local regulation is necessary 

to provide for the safety of the general 

public and event participants from 

potential hazards associated with 

vessels present on or transiting upon 

this waterway. 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 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add a temporary § 165–T05–0168 

to read as follows: 

165.T05–0168 Safety Zone: Big Rock Blue 

Marlin Air Show, Bogue Sound, Morehead 

City, NC. 

(a) Regulated Area. The following area 

is a safety zone: Specified waters of the 

Captain of the Port Sector North 

Carolina, as defined in 33 CFR 3.25–20, 

in the navigable waters of Bogue Sound 

within an area bound by a line drawn 

from the following points: Latitude 

34°43′09.9′′ N, longitude 076°45′54.9′′ 

W; thence east to latitude 34°43′09.75′′ 

N, longitude 076°44′34.16′′ W; thence 

south to latitude 34°42′52.64′′ N, 

longitude 076°44′32.55′′ W; thence west 

to latitude 34°42′50.7′′ N, longitude 

076°45′48.5′′ W; thence to the point of 

origin, located approximately 400 yards 

south of the shoreline of Morehead City. 

(b) Definition: For the purposes of this 

section, Captain of the Port means the 

Commander, Sector North Carolina. 

Representative means any U.S. Coast 

Guard commissioned, warrant, or petty 

officer who has been authorized by the 

Captain of the Port, Sector North 

Carolina to act on his behalf. 

(c) Regulations: (1) In accordance with 

the general regulations in 165.23 of this 

part, entry into this zone is prohibited 

unless authorized by the Captain of the 

Port, Sector North Carolina or his 

designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: (i) Stop the vessel immediately 

upon being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Sector 

North Carolina can be reached through 

the Sector Duty Officer at Sector North 

Carolina in Atlantic Beach, North 

Carolina at telephone number (252) 

247–4570. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65 MHz) and 

channel 16 (156.8 MHz). 

(d) Enforcement Period. This section 

will be enforced from 7 p.m. until 8 

p.m. on June 11, 2011. 

Dated: March 23, 2011. 

Anthony Popiel, 

Captain, U.S. Coast Guard, Captain of the 

Port North Carolina. 

[FR Doc. 2011–7994 Filed 4–4–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0803] 

RIN 1625–AA87 

Security Zones; Sector Southeastern 

New England Captain of the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes a 

permanent regulation that would create 

security zones around cruise ships in 

the Southeastern New England Captain 

of the Port (COTP) Zone. These security 

zones are nearly identical to security 

zones currently put in place by a 

temporary final rule. The proposed rule 

would create a 100-yard radius security 

zone encompassing all navigable waters 

around any cruise ship anchored or 

moored and 200-yard radius security 

zone encompassing all navigable waters 

around any cruise ship underway that is 

being escorted by Coast Guard or law 

enforcement agencies assisting the Coast 

Guard. These zones are needed to 

protect cruise ships and the public from 

destruction, loss, or injury from 

sabotage, subversive acts, or other 

malicious acts of a similar nature. 

Persons or vessels may not enter these 

security zones without permission of 

the COTP or a COTP designated 

representative. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 5, 2011. Requests for 

public meetings must be received by the 

Coast Guard on or before April 12, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0803 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://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 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS