[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Proposed Rules]
[Pages 56024-56027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22931]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0813]
RIN 1625-AA08


Special Local Regulations for Marine Events, Wrightsville 
Channel; Wrightsville Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing 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 on Banks, Motts, and Wrightsville Channels during the 
swimming portion of this event.

[[Page 56025]]


DATES: Comments and related material must be received by the Coast 
Guard on or before October 15, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0813 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 e-mail BOSN3 Joseph M. Edge, Prevention Department, Coast 
Guard Sector North Carolina; telephone 252-247-4525, e-mail 
<a href="/cdn-cgi/l/email-protection#8ac0e5f9effae2a4c7a4cfeeedefcafff9e9eda4e7e3e6"><span class="__cf_email__" data-cfemail="c48eabb7a1b4acea89ea81a0a3a184b1b7a7a3eaa9ada8">[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-2010-0813), 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 http://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 e-mail 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, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0813'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. 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.

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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0813'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
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.

Background and Purpose

    On November 13, 2010 from 7 a.m. to 11 a.m., the Wilmington Family 
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 750 
swimmers entering Banks Channel south west 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 vessel, the Coast 
Guard will temporarily restrict vessel traffic in the event area during 
this event.

Discussion of Proposed Rule

    The Coast Guard is proposing to establish a special local 
regulation that will restrict vessel movement on the specified waters 
of Wrightsville Channel, Wrightsville Beach, NC. 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.
    Any vessel transiting the regulated area must do so at a no-wake 
speed during the effective period. Nothing in this proposed rule 
negates the requirement to operate at a safe speed as provided in the 
Navigational Rules and Regulations.

Regulatory Analysis

    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, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and

[[Page 56026]]

Budget has not reviewed it under that Order. 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. 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.

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 affect the following entities, some of which might be small 
entities: The owners or operators of vessels intending to transit this 
section of the Wrightsville Channel from 7 a.m. to 11 a.m. on November 
13, 2010.
    This rule will not have a significant economic impact on 
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.
    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.

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 process. 
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 BOSN3 Joseph Edge, 
Prevention Department, Sector North Carolina, 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 State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed 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 (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.

[[Page 56027]]

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 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 is categorically excluded, under figure 2-1, paragraph (34)(h), of 
this instruction. The special local regulation is necessary to provide 
for the safety of the general public and event participants from 
potential hazards associated with vessels. 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.  100.35-T05-0813 to read as follows:


Sec.  100.35-T05-0813  Wrightsville Channel, Wrightsville Beach, NC.

    (a) 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]11'45'' 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 7 a.m. 
until 11 a.m. on November 13, 2010.

    Dated: August 27, 2010.
Anthony Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2010-22931 Filed 9-14-10; 8:45 am]
BILLING CODE 9110-04-P


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