[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Rules and Regulations]
[Pages 47520-47522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19483]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2012-0482]
RIN 1625-AA08
Special Local Regulations for Marine Events, Wrightsville
Channel; Wrightsville Beach, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a Special Local Regulation for
the ``Swim Harbor Island'' swim event, to be held on the waters
adjacent to and surrounding Harbor Island in Wrightsville Beach, North
Carolina. This Special Local Regulation 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 Atlantic Intracoastal
Waterway within 550 yards north and south of the U.S. 74/76 Bascule
Bridge crossing the Atlantic Intracoastal Waterway, mile 283.1, at
Wrightsville Beach, North Carolina, during the swim event.
DATES: This rule is effective on September 29, 2012 and will be
enforced from 7 a.m. until 11 a.m. on September 29, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0482]. 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
On June 13, 2012 a Notice of Proposed Rule Making (NPRM) was
published in 77 FR 35321. We received no comments on the proposed rule.
No public meeting was requested, and none was held.
B. Basis and Purpose
On September 29, 2012 from 7 a.m. to 11 a.m., Without Limits
Coaching will sponsor ``Swim Harbor Island'' on the waters adjacent to
and surrounding Harbor Island in Wrightsville Beach, North Carolina.
The swim event will consist of up to 200 swimmers swimming a 3.5 mile
course around Harbor Island in Wrightsville Beach, North Carolina. To
provide for the safety of participants, spectators and other transiting
vessels, the Coast Guard will temporarily restrict vessel traffic in
the event area during this event.
C. Discussion of the Final Rule
The Coast Guard is establishing a safety zone on the navigable
waters of the Atlantic Intracoastal Waterway 550 yards north and south
of the U.S. 74/76 Bascule Bridge, mile 283.1, latitude 34[deg]13'06''
North, longitude 077[deg]48'44'' West, at Wrightsville Beach, North
Carolina. Participants will enter the Atlantic Intracoastal Waterway at
the Dockside Marina on the west bank of the Atlantic Intracoastal
Waterway south of the U.S. 74/76 Bascule Bridge at Wrightsville Beach,
North Carolina, and swim north and clockwise around Harbor Island
returning to the Dockside Marina. To provide for the safety of
participants, spectators and other transiting vessels, the Coast Guard
will temporarily restrict vessel traffic in the event area during this
event.
In an effort to enhance safety of event participants, the area
within the proposed safety zone, will remain closed during the event on
September 29, 2012 from 7 a.m. to 11 a.m. In the interest of
participant safety, general navigation within the safety zone will be
restricted during the specified date and times. Except for participants
and vessels authorized by the Coast Guard Captain of the Port or his
representative, no person or vessel may enter or remain in the
regulated area.
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.
[[Page 47521]]
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 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 7 a.m. to 11 a.m., on September 29, 2012. The Coast Guard
will provide advance notification via maritime advisories so mariners
can adjust their plans accordingly. The regulated area will apply only
to the section of Atlantic Intracoastal Waterway in the immediate
vicinity of U.S. 74/76 Bascule Bridge at Wrightsville Beach, North
Carolina. 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
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 Atlantic Intracoastal Waterway from 7 a.m. to
11 a.m. on September 29, 2012.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
proposed rule will only be in effect for four hours from 7 a.m. to 11
a.m. The regulated area applies only to the section of Atlantic
Intracoastal Waterway in the vicinity of the U.S. 74/76 Bascule Bridge
at Wrightsville Beach, North Carolina. Vessel 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 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
[[Page 47522]]
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. This rule is categorically excluded from further
review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. An 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. Add a temporary Sec. 100.35T05-0482 to read as follows:
Sec. 100.35T05-0482, Special Local Regulations for Marine Events,
Wrightsville Channel; Wrightsville Beach, NC.
(a) Regulated area. The following location is a regulated area: All
waters of the Atlantic Intracoastal Waterway within 550 yards north and
south of the U.S. 74/76 Bascule Bridge, mile 283.1, latitude
34[deg]13'06'' North, longitude 077[deg]48'44'' West, at Wrightsville
Beach, North Carolina. All coordinates reference Datum NAD 1983.
(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 ``Swim
Harbor Island'' swim event under the auspices of the Marine Event
Permit issued to the event sponsor and 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
will 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) Only participants and official patrol vessels are allowed to
enter the regulated area. Persons or vessels requiring entry into or
passage within the zone must request authorization from the Captain of
the Port North Carolina or his designated representative by telephone
at (910) 343-3882 or on VHF-FM marine band radio channel 16.
(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 7 a.m.
to 11 a.m. on September 29, 2012.
Dated: July 30, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2012-19483 Filed 8-8-12; 8:45 am]
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