[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Rules and Regulations]
[Pages 43511-43513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18154]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2012-0341]
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.
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SUMMARY: The Coast Guard is temporarily changing the enforcement period
of one special local regulation for a recurring marine event in the
Fifth Coast Guard District, specifically the ``Wilmington YMCA
Triathlon'', locally known as the ``Beach 2 Battleship'', 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 October or the first or second
Saturday in November to the third Saturday in October. This action is
intended to restrict vessel traffic on Wrightsville Channel during the
swimming portion of this event.
DATES: This rule is effective from September 15, 2012 until November
15, 2012. The regulated area discussed in this rule will be enforced on
October 20, 2012 from 7 a.m. until 11 a.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0341]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email BOSN4 Joseph M. Edge, Coast Guard Sector North Carolina,
Coast Guard; telephone 252-247-4525, email [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.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
Annually, since 2008, a regulation has been enforced for the
``Wilmington YMCA Triathlon'', locally known as the ``Beach 2
Battleship''. The event was recently added to 33 CFR 100.501 on January
19, 2012 in 77 FR 2629. Historically no comments or objections have
been received for the regulation. Based on tidal predictions the
sponsor has requested a change to the effective dates of this rule.
On May 24, 2012 a Notice of Proposed Rule Making (NRPM) was
published in 33 FR 30929 reflecting the change to the effective dates.
We received no comments on the proposed rule. No public meeting was
requested, and none was held.
B. Basis and Purpose
The YMCA sponsors an annual Triathlon, ``Wilmington YMCA
Triathlon'', locally known as the ``Beach 2 Battleship'', in the
Wrightsville Beach area of 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 regulation listing annual marine events within the Fifth Coast
Guard District and corresponding dates is 33 CFR 100.501. The Table to
Sec. 100.501 identifies marine events by Captain of the Port zone.
This particular marine event is listed in section (d.) line No. 4 of
the table.
The current regulation described in section (d.) line No. 4 of the
table indicates the Triathlon should take place this year on October
27, 2012, November 3, 2012 or November 10, 2012, this year. This
regulation changes the date for the event to take place on October 20,
2012 for this year only.
The swim portion of the Triathlon, scheduled to take place on
Saturday October 20, 2012, will consist of two groups of 950 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 this event. The regulation at 33 CFR
100.501 would be enforced from 7 a.m. to 11 a.m. on October 20, 2012;
vessels may not enter the regulated area unless they receive permission
from the Coast Guard Patrol Commander.
C. Discussion of Comments, Changes and the Final Rule
We received no comments on the proposed rule. No public meeting was
requested, and none was held.
The Coast Guard will temporarily suspend the regulation listed at
section (d.) line No. 4 in the Table to Sec. 100.501 and insert this
new temporary regulation at the Table to Sec. 100.501 line No. 5 in
order to reflect the change of date for this year's event. 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 11 a.m. on October 20, 2012. The Coast Guard,
at its discretion, when deemed safe will allow the passage of vessels.
During the Marine Event no vessel will be allowed to transit the
waterway unless the vessel is given permission from the Patrol
Commander to transit the regulated segment of the waterway.
Any vessel transiting the regulated area must do so at a no-wake
speed during the effective period. Nothing in this rule negates the
requirement to
[[Page 43512]]
operate at a safe speed as provided in the Navigational Rules and
Regulations.
D. 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.
1. 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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under 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 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 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).
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. 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 of operators of vessels
intending to transit Wrightsville Channel from 7 a.m. to 11 a.m. on
October 20, 2012.
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 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, 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.
3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will 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.
9. 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.
10. 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.
11. 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
[[Page 43513]]
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. 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. We seek any comments or information that may lead
to the discovery of a significant environmental impact from this rule.
This rule is categorically excluded from further review under
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A
preliminary environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are 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 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 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. At Sec. 100.501, in the Table to Sec. 100.501, make the following
amendments:
0
a. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' suspend
entry (d)4.
0
b. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' add
entry (d)5 to read as follows:
Sec. 100.501 Special Local Regulations; Recurring Marine Event in the
Fifth Coast Guard District.
* * * * *
(d.) Coast Guard Sector North Carolina--COTP Zone
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Number Date Event Sponsor Location
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* * * * * * *
5................ October 20, 2012, Wilmington YMCA Wilmington YMCA... The waters of, and adjacent to,
from 7 a.m to 11 Triathlon. Wrightsville Channel from
a.m. 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.
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Dated: June 28, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2012-18154 Filed 7-24-12; 8:45 am]
BILLING CODE 9110-04-P