[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Rules and Regulations]
[Pages 55561-55563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22919]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0629]
RIN 1625-AA08
Special Local Regulations for Marine Events; Temporary Change of
Dates for Recurring Marine Events in the Fifth Coast Guard District,
Wrightsville Channel; Wrightsville Beach, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will temporarily change the enforcement period
of one special local regulation for a recurring marine event in the
Fifth Coast Guard District, specifically the ``Wilmington YMCA
Triathlon'' conducted on the waters of Wrightsville Channel near
Wrightsville Beach, North Carolina. This Special Local Regulation is
necessary to provide for the safety of life on navigable waters during
the event, which has been rescheduled from the last Saturday in
September to the second-to-last Saturday in September. This action is
intended to restrict vessel traffic on Wrightsville Channel during the
swimming portion of this event.
DATES: This rule is effective on September 17, 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-2011-0629 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-0629 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 proposed
rule, call or e-mail BOSN3 Joseph M. Edge, Coast Guard Sector North
Carolina, Coast Guard; telephone 252-247-4525, e-mail [email protected]. If you have questions on viewing or submitting material to
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
Regulatory Information
On July 27, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; Temporary
Change of Dates for Recurring Marine Events in the Fifth Coast Guard
District, Wrightsville Channel; Wrightsville Beach, NC in the Federal
Register (76 FR 44877). We received no comments on the proposed rule.
No public meeting was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Coast Guard was informed about
the changed date too late for the full delayed-effective date period to
run. In addition, the public interest favors allowing the event to run
at its scheduled time. The burden on the boating public will be low,
consisting of a short restriction on vessel traffic in a limited area,
with passage allowed when safe to do so. The benefit of allowing the
event to continue as scheduled will be enjoyed by a large number of
participants and spectators.
Background and Purpose
The YMCA sponsors the annual, ``Wilmington YMCA Triathlon'', at
Wrightsville Beach, North Carolina. The Triathlon consists of three
events: A running portion, a bike-riding portion, and a swimming
portion. The swimming portion of the Triathlon takes place in the
waters adjacent to Wrightsville Beach. A special local regulation is
effective annually to create a safety zone for the swimming portion of
the Triathlon.
The listing of annual recurring marine events within the Fifth
Coast Guard District, that specifies regulated area and enforcement
date(s) are published in 33 CFR Sec. 100.501. The Table to Sec.
100.501 identifies marine events by Captain of the Port zone. This rule
changes the date for the marine event listed on line No. 57 in the
Table.
The regulation as specified on line No. 57 in the Table; indicates
the Triathlon event should take place on September 24, 2011, although
this year the event date will take place one week earlier, on September
17, 2011.
The swim portion of the Triathlon, scheduled to take place on
Saturday September 17, 2011, will consist of two groups of 750 swimmers
entering Banks Channel at the Blockade Runner Hotel and swimming
northwest along Motts Channel to Seapath Marine. A fleet of spectator
vessels are expected to gather near the event site to view the
competition.
To provide for the safety of the participants, spectators and other
transiting vessels, the Coast Guard will temporarily restrict vessel
traffic in the event area during the swimming portion of the triathlon.
The regulation at 33 CFR 100.501 will be enforced from 7 a.m. to 9 a.m.
on September 17, 2011; vessels will not be able enter the regulated
area unless they receive permission from the Coast Guard Patrol
Commander.
[[Page 55562]]
Discussion of Comments and Changes
There were no comments and no changes made.
Discussion of Rule
The Coast Guard is temporarily suspending the regulation listed at
line No. 57 in Table to Sec. 100.501 and will insert a new temporary
regulation in the Table to Sec. 100.501 on line No. 63, in order to
reflect the change in the event date for this year. This change is
needed to accommodate the change in date of the annual Triathlon. No
other portion of the Table to Sec. 100.501 or other provisions in
Sec. 100.501 shall be affected by this regulation.
This safety zone will restrict vessel movement on the specified
waters of Wrightsville Channel, Wrightsville Beach, NC. The regulated
area will be established in the interest of participant safety during
the swim portion of the ``Wilmington YMCA Triathlon'' and will be
enforced from 7 a.m. to 9 a.m. on September 17, 2011. The Coast Guard,
at its discretion, when practical will allow the passage of vessels.
During the Marine Event no vessel will be allowed to transit the
regulated area unless the vessel receives permission from the Patrol
Commander.
Any vessel transiting the regulated area must do so at a no-wake
speed during the enforcement period. Nothing in this rule negates the
requirement to operate at a safe speed as provided in the Navigational
Rules and Regulations.
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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. Although this regulation
prevents traffic from transiting waters of Wrightsville 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 and local area newspapers and radio
stations so mariners can adjust their plans accordingly. Additionally,
this rulemaking does not change the permanent regulated areas that have
been published in 33 CFR 100.501, Table to Sec. 100.501. Vessel
traffic will be able to transit the regulated area before and after the
triathlon races, when the Coast Guard Patrol Commander deems it is safe
to do so. 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. Small entities may include owners or operators of vessels
intending to transit Wrightsville Channel from 7 a.m. to 9 a.m. on
September 17, 2011.
This rule will not have a significant economic impact on
substantial number of small entities for the following reasons. The
regulation will be enforced for only two hours. Although the regulated
area will apply to Motts, Banks and Wrightsville Channels, traffic may
be allowed to pass within 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, vessels shall proceed at
the minimum speed necessary to maintain a safe course that minimizes
wake near the swim course. The Patrol Commander will allow non-
participating vessels to transit the event area once all swimmers are
safely clear of navigation channels and vessel traffic areas. Before
the enforcement period, we will issue maritime advisories so mariners
can adjust their plans accordingly.
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 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
[[Page 55563]]
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), of the Instruction. This rule involves one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. An environmental analysis checklist
and a categorical exclusion determination are available in the docket
where indicated under ADDRESSES. 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.
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 amends
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. In Sec. 100.501, suspend line No. 57 in the Table to Sec. 100.501.
0
3. In Sec. 100.501, add line No. 63 in Table to Sec. 100.501; to read
as follows:
Sec. 100.501 Special Local Regulations; Marine Events in the Fifth
Coast Guard District
* * * * *
Coast Guard Sector North Carolina--COTP Zone
----------------------------------------------------------------------------------------------------------------
Number Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
59............... September 17, 2011 Wilmington YMCA Wilmington YMCA... The waters of, and adjacent to,
Triathlon. Wrightsville Channel from
Wrightsville Channel Day beacon
14 (LLNR 28040), located at
34[deg]12'18'' N, longitude
077[deg]48'10'' W, to
Wrightsville Channel Day beacon
25 (LLNR 28080), located at
34[deg]12'51'' N, longitude
77[deg]48'53' W.
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: August 29, 2011.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2011-22919 Filed 9-7-11; 8:45 am]
BILLING CODE 9110-04-P