67214 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Rules and Regulations 

Airway Segment Changeover Points 

From To Distance From 

§ 95.8003 VOR Federal Airway Changeover Points 

V7 is Amended to Modify Changeover Point 

SEMINOLE, FL VORTAC ............................................... WIREGRASS, AL VORTAC .......................................... 53 SEMINOLE 

ALASKA V440 is Amended to Modify Changeover Point 

SANDSPIT, VORTAC ..................................................... BIORKA ISLAND, AK VORTAC .................................... 119 SANDSPIT 

ALASKA V488 is Amended to Modify Changeover Point 

TANANA, AK VOR/DME ................................................ FAIRBANKS, AK VORTAC ........................................... 40 TANANA 

§ 95.8005 Jet Routes Changeover Points 

J501 is Amended to Add Changeover Point 

SANDSPIT, VORTAC ..................................................... BIORKA ISLAND, AK VORTAC .................................... 99 SANDSPIT 

[FR Doc. 2010–27654 Filed 11–1–10; 8:45 am] 

BILLING CODE 4910–13–P 

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: Temporary final rule. 

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 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. 

DATES: This rule is effective from 7 a.m. 

until 11 a.m. on November 13, 2010. 

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–2010–0813 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0813 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail BOSN3 Joseph M. 

Edge, Coast Guard Sector North 

Carolina, Atlantic Beach, NC; telephone 

(252) 247–4525, e-mail 

Joseph.M.Edge@uscg.mil. 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 September 15, 2010, we published 

a Notice of proposed rulemaking 

(NPRM) entitled Special Local 

Regulations for Marine Events, 

Wrightsville Channel; Wrightsville 

Beach, NC in the Federal Register (75 

FR 56024). We received no comments 

on the proposed rule. No public meeting 

was requested, and none was held. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date 

would be contrary to public interest, 

since immediate action is needed to 

ensure the public’s safety. In addition, 

delaying the effective date is 

unnecessary. The purpose of a delayed 

effective date is to give the public time 

to prepare for compliance with the final 

rule. Because the final rule has not 

changed from the proposed rule the 

public is already aware of the rule in its 

final form, and additional delay to 

accommodate compliance is 

unnecessary. 

Basis and Purpose 

On November 13, 2010, the 

Wilmington YMCA will sponsor the 

‘‘Beach 2 Battleship Full and Half Iron 

Distance Triathlon’’ on the waters of 

Banks, Motts and Wrightsville Channels 

adjacent to Wrightsville Beach, North 

Carolina. The swim portion of the event 

will consist of two groups of 750 

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 vessel, 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 Banks Channel 

including the waters of Wrightsville 

Channel adjacent to Wrightsville Beach, 

North Carolina. 

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 


hsrobinson on DSK69SOYB1PROD with RULES
Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Rules and Regulations 67215 

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 

Banks, Motts, and Wrightsville 

Channels 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 of operators of 

vessels intending to transit this section 

of Banks, Motts and 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 Banks, Motts 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 after all swimmers 

are safely clear of navigation channels 

and vessel traffic areas. Before the 

enforcement period, the Coast Guard 

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 (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. 

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. 

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 


hsrobinson on DSK69SOYB1PROD with RULES
67216 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Rules and Regulations 

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 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 concluded 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 is categorically 

excluded under figure 2–1, paragraph 

(34)(h), of the Instruction. This rule 

involves implementation of regulations 

in 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. The category of water 

activities includes but is not limited to 

sail boat regattas, boat parades, power 

boat racing, swimming events, crew 

racing, and sail board racing. 

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. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—REGATTAS AND MARINE 

PARADES 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary § 100.35–T05– 

0813 to read as follows: 

§ 100.35–T05–0813 Wrightsville Channel, 

Wrightsville Beach, NC. 

(a) Regulated area. The regulated area 

is established for the waters of Banks, 

Motts and Wrightsville Channels, 

adjacent to Wrightsville Beach, NC, 

from the southern tip of Wrightsville 

Beach approximate position latitude 

34°11′15′′ N, longitude 077°48′51′′ W, 

thence northeast to Seapath Marina, 

Wrightsville Beach, NC. Approximate 

position latitude 34°11′45′′ N, longitude 

077°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 has 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) 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. to 11 a.m. 

on November 13, 2010. 

Dated: October 15, 2010. 

A. Popiel, 

Captain, U.S. Coast Guard, Captain of the 

Port North Carolina. 

[FR Doc. 2010–27590 Filed 11–1–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2010–0693] 

RIN 1625–AA11 

Regulated Navigation Area; Greenville 

Bridge Demolition, Lower Mississippi 

River Mile 531.3, AR, MS 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule. 

SUMMARY: The Coast Guard is 

establishing a regulated navigation area 

(RNA) for all waters of the Lower 

Mississippi River beginning at mile 528 

and ending at mile 535 extending the 

entire width of the waterway in 

Arkansas and Mississippi. Vessels will 

not be permitted to be in this area at 

certain times during the demolition of 

the Greenville Bridge, Lower 

Mississippi River Mile 531.3. 

Additionally, vessels will not be 

allowed to meet or pass in the RNA and 

must proceed at a minimum safe speed. 

This RNA is needed to protect 

personnel and vessels from the potential 

safety hazards during the demolition of 

the Greenville Bridge, Lower 

Mississippi River Mile 531.3. 

DATES: This rule is effective in the CFR 

from November 2, 2010 through 

November 1, 2012. This rule is 

enforceable with actual notice for the 

purposes of enforcement from October 

22, 2010 through November 1, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0693 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’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

Documents indicated in this preamble 

as being available in the docket are part 

of docket USCG–2010–0693 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0693 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ They are also 

available for inspection or copying at 

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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 


hsrobinson on DSK69SOYB1PROD with RULES