[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Proposed Rules]
[Pages 19954-19957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7962]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0197]
RIN 1625-AA08


Special Local Regulations for Marine Events, Swim Event, Lake 
Gaston; Littleton, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishment of Special Local 
Regulations for ``The Crossing'' swim event, to be held on the waters 
of Lake Gaston, adjacent to the Eaton Ferry Bridge in Littleton, 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 Lake Gaston under the Eaton 
Ferry Bridge and within 100 yards west of the bridge during the swim 
event.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 3, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0197 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 email BOSN3 Joseph M. Edge, Coast Guard Sector North 
Carolina, Coast Guard; telephone 252-247-4525, email 
<a href="/cdn-cgi/l/email-protection#206a4f534550480e6d0e6544474560555343470e4d494c"><span class="__cf_email__" data-cfemail="2a6045594f5a420467046f4e4d4f6a5f59494d04474346">[email protected]</span></a>. 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-2012-0197), 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 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 email 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, 
type the docket number USCG-2012-0197 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ 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.

[[Page 19955]]

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, 
type the docket number (USCG-20120-0197 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. 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 August 11, 2012 from 7:30 a.m. to 12 p.m., the Organization to 
Support the Arts, Infrastructure, and Learning on Lake Gaston, also 
known as O'SAIL, will sponsor ``The Crossing'' on the waters of Lake 
Gaston, adjacent to Littleton, North Carolina. The swim event will 
consist of approximately 350 swimmers entering Lake Gaston at the 
Morning Star Marina on the south bank of Lake Gaston, west of the Eaton 
Ferry Bridge, and swimming north along the western side of Eaton Ferry 
Bridge to the Waterview Restaurant. A fleet of spectator vessels are 
expected to gather near the event site to view the competition. 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 channel in 
the vicinity of Eaton Ferry Bridge will remain closed during the event 
on August 11, 2012 from 7:30 a.m. to 12 p.m. The Coast Guard will 
temporarily restrict access to this section of Lake Gaston during the 
event.

Discussion of Proposed Rule

    The Coast Guard proposes to establish Special Local Regulations 
that will restrict vessel movement on the specified waters of Lake 
Gaston, Littleton, NC. During the Marine Event no vessel will be 
allowed to transit the waterway unless the vessel operator receives 
permission from the Patrol Commander.
    Special Local Regulations will encompass the waters of Lake Gaston 
under the Eaton Ferry Bridge, latitude 36[deg]31'06'' North, longitude 
077[deg]57'37'' West, and within 100 yards of the western side of Eaton 
Ferry Bridge. All vessels are prohibited from transiting this section 
of the waterway while the regulation is in effect. Entry into the 
regulated area will not be permitted except as specifically authorized 
by the Captain of the Port or a designated representative. To request 
permission to transit the area, mariners may contact Coast Guard Sector 
North Carolina at (910) 343-3882. The regulated area will be enforced 
from 7:30 a.m. to 12 p.m. on August 11, 2012. This proposed restriction 
of vessel movement and access to the waterway is for the protection and 
safety of swimmers participating in the event.

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.

Regulatory Planning and Review

    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, 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 7:30 a.m. to 12 p.m., on 
August 11, 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 Lake Gaston in the 
immediate vicinity of Eaton Ferry Bridge. 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 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 rule will affect the following entities, some of which may be 
small entities: The owners or operators of recreational vessels 
intending to transit the specified portion of Lake Gaston from 7:30 
a.m. to 12 p.m. on August 11, 2012.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will only be in effect for 4 and one-half hours from 7:30 a.m. to 
12 p.m. The regulated area applies only to the section of Lake Gaston 
in the vicinity of Eaton Ferry Bridge. 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.
    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.

[[Page 19956]]

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 CWO3 Joseph Edge, Waterways 
Management Division Chief, Coast Guard Sector North Carolina, at (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 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 proposed rule under that Order and 
determined that this rule 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 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, under figure 2-1, paragraph 
34(h) of the Instruction, 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 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 proposed 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 proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233.

    2. Add a temporary Sec.  100.35T05-0197 to read as follows:


Sec.  100.35T05-0197  Lake Gaston, Enterprise, NC.

    (a) Regulated area. The following location is a regulated area: All 
waters of Lake Gaston directly under the Eaton Ferry Bridge, latitude 
36[deg]31'06'' North, longitude 077[deg]57'37'' West, and within 100 
yards of the western side of the bridge at Littleton, North Carolina. 
All coordinates reference Datum NAD 1983.

[[Page 19957]]

    (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 ``The 
Crossing'' 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) Vessel traffic, not involved with the event, may be allowed to 
transit the regulated area with the permission of the Patrol Commander. 
Vessels that desire passage through the regulated area shall contact 
the Coast Guard Patrol Commander on VHF-FM marine band radio for 
direction. Only participants and official patrol vessels are allowed to 
enter the regulated area.
    (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 7:30 
a.m. to 12 p.m. on August 11, 2012.

    Dated: March 21, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2012-7962 Filed 4-2-12; 8:45 am]
BILLING CODE 9110-04-P


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