[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Proposed Rules]
[Pages 30069-30072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12545]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0277]
RIN 1625-AA08


Special Local Regulations for Marine Events; Lake Gaston, 
Enterprise, NC

AGENCY: Coast Guard, DHS.

[[Page 30070]]


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 Enterprise, 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 east of the bridge during the swim 
event.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 23, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0277 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, Coast Guard Sector North 
Carolina, Coast Guard; telephone 252-247-4525, e-mail 
[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:

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-2011-0277), 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-2011-0277'' 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-2011-0277'' 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.

Basis and Purpose

    On August 13, 2011 from 8:30 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 Enterprise, North Carolina. The swim event will 
consist of approximately 200 swimmers entering Lake Gaston at the 
Morning Star Marina on the north bank of Lake Gaston, east of the Eaton 
Ferry Bridge, and swimming south along the eastern 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 the 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 event on 
August 13, 2011 from 8:30 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, Enterprise, 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.

[[Page 30071]]

    The Special Local Regulation 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 eastern 
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 (252) 247-4570. The regulated area will 
be enforced from 8:30 a.m. to 12 p.m. on August 13, 2011. This proposed 
restriction on vessel movement on and access to this waterway is aimed 
at protecting the safety of the 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 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 that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that 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 8:30 a.m. to 12 p.m., on 
August 13, 2011. The Coast Guard will give advance notification via 
maritime advisories so mariners can adjust their plans accordingly, and 
the regulated area will apply only to the section of Lake Gaston in the 
immediate vicinity of the 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 8:30 
a.m. to 12 p.m. on August 13, 2011.
    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 3 and one-half hours from 8:30 a.m. to 
12 p.m. The regulated area applies only to the section of Lake Gaston 
in the vicinity of the Eaton Ferry Bridge and 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. 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 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

[[Page 30072]]

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.  100.35-T05-0277 to read as follows:


Sec.  100.35-T05-0277  Lake Gaston, Enterprise, NC.

    (a) Regulated area. The following location is a regulated area: All 
waters of 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 eastern side of the bridge at Enterprise, 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 ``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 
may forbid and 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 8:30 
a.m. to 12 p.m. on August 13, 2011.

    Dated: April 18, 2011.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2011-12545 Filed 5-23-11; 8:45 am]
BILLING CODE 9110-04-P