[Federal Register Volume 73, Number 192 (Thursday, October 2, 2008)]
[Rules and Regulations]
[Pages 57242-57244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23188]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2008-0738]
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 Temporary special local 
regulations for the swim portions of ``Beach 2 Battleship Full and Half 
Iron Distance Triathlon'', to be held on the waters of Banks Channel, 
adjacent to Wrightsville Beach, North Carolina. These special local 
regulations are necessary to provide for the safety of life on 
navigable waters during the event. This action is intended to restrict 
vessel traffic in Wrightsville Channel during the swimming portion of 
this event.

DATES: This rule is effective from 6 a.m. to 11 a.m. on November 1, 
2008.

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-2008-0738 and are available online at 
www.regulations.gov. This material is also available for inspection or 
copying at two locations: 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 and the Fifth 
Coast Guard District, Prevention Division, 431 Crawford Street, Room 
416, Portsmouth, VA 23704 between 10

[[Page 57243]]

a.m. and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Christopher D. Humphrey, Coast Guard Sector North 
Carolina, Atlantic Beach, NC (252) 247-4571. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On August 18, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; 
Wrightsville Channel, Wrightsville Beach, NC in the Federal Register 
(73 FR 48160). We received no letters commenting on the proposed rule. 
No public meeting was requested, and none was held.

Background and Purpose

    On November 1, 2008, the Wilmington YMCA will sponsor the ``Beach 2 
Battleship Full and Half Iron Distance Triathlon'' on the waters of 
Banks Channel including the waters of Wrightsville Channel adjacent to 
Wrightsville Beach, North Carolina. The swim portion of the event will 
consist of two groups of 500 swimmers entering Banks Channel southwest 
of the Coast Guard Station and swimming northeast along Wrightsville 
Channel and Motts Channel to Seapath Marina. 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.

Discussion of Comments and Changes

    The Coast Guard did not receive comments in response to the notice 
of proposed rulemaking (NPRM) published in the Federal Register. 
Accordingly, the Coast Guard is establishing temporary special local 
regulations on specified waters of Wrightsville Channel, Wrightsville 
Beach, NC.

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, 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 a portion 
of Wrightsville Channel and Motts 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, area newspapers, local radio and television 
stations so mariners can adjust their plans accordingly. Additionally, 
the regulated area has been narrowly tailored to impose the least 
impact on general navigation yet provide the level of safety deemed 
necessary. Vessel traffic will be able to transit the regulated area 
between races, 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 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. The rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit this section of Wrightsville Channel, Motts Channel and Banks 
Channel from 6 a.m. to 11 a.m. on November 1, 2008. This rule would not 
have a significant economic impact on a substantial number of small 
entities for the following reasons. Although the regulated area will 
apply to the Wrightsville Channel, 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.

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

[[Page 57244]]

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 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 5100.1 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 
under the Instruction that there are no factors in this case that would 
limit the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(h), of the Instruction, from further 
environmental documentation.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 100

    Marine Safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

PART 100--REGATTAS AND MARINE PARADES

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.  100.35-T05-0738 to read as follows:


Sec.  100.35-T05-0738  Wrightsville Channel, Wrightsville Beach, NC.

    (a) Regulated area. The regulated area is established for the 
waters of Banks Channel, adjacent to Wrightsville Beach, NC, from the 
southern tip of Wrightsville Beach approximate position latitude 
34[deg]11'15'' N, longitude 077[deg]48'51'' W, thence northeast to 
Seapath Marina, Wrightsville Beach, NC. approximate position latitude 
34[deg]12'45'' N, longitude 077[deg]48'27'' W. All coordinates 
reference Datum NAD 1983.
    (b) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the Coast Guard who have 
been designated by the Commander, Coast Guard Sector North Carolina.
    (2) Official Patrol means any person or 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 includes all swimmers and support vessels 
participating in the ``Beach 2 Battleship Full and Half Iron Distance 
Triathlon'' under the auspices of the Marine Event Permit issued to the 
event sponsor and approved by Commander, Coast Guard Sector North 
Carolina.
    (c) Special local regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area must: (i) Stop 
the vessel immediately when directed to do so by any Official Patrol 
and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (iii) The operator of a vessel in the regulated area shall stop the 
vessel immediately when instructed to do so by the Official Patrol and 
then proceed as directed.
    (iv) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the swim course.
    (d) Enforcement Period. This section will be enforced from 6 a.m. 
to 11 a.m. on November 1, 2008.

    Dated: September 25, 2008.
Neil O. Buschman,
Captain, U.S. Coast Guard Commander, Fifth Coast Guard District Acting
 [FR Doc. E8-23188 Filed 10-1-08; 8:45 am]
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