[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Rules and Regulations]
[Pages 39771-39773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17114]



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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.



ACTION: Temporary final rule.



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SUMMARY: The Coast Guard is establishing 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 on 

August 13, 2011. 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: This rule is effective from 8:30 a.m. to 12 p.m. (noon) on 

August 13, 2011.



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-2011-0277 and are available online by going to 

http://www.regulations.gov, inserting USCG-2011-0277 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, Prevention 

Department, Coast Guard Sector North Carolina; telephone 252-247-4525, 

e-mail [email protected]. 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 May 24, 2011, we published a notice of proposed rulemaking 

(NPRM) entitled Special Local Regulations for Marine Events; Lake 

Gaston, Enterprise, North Carolina in the Federal Register (76 FR 

30069). We received no comments on the proposed rule. No public meeting 

was requested, and none was held.



Background and Purpose



    On August 13, 2011 from 8:30 a.m. to 12 p.m (noon) 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 the 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



[[Page 39772]]



participants, spectators and transiting vessels, the Coast Guard will 

temporarily restrict vessel traffic in the regulated 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 (noon) The Coast Guard will 

temporarily restrict access to this section of Lake Gaston during the 

event.



Discussion of Comments and Changes



    We received no comments in this rulemaking, and no changes have 

been made in response to comments.



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, 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 this portion of 

Lake Gaston, 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 (noon), 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 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. 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 (noon) 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 (noon) 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), 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 of 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



[[Page 39773]]



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 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 which 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 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. An environmental analysis 

checklist and a categorical exclusion determination are available in 

the docket where indicated under ADDRESSES.



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--SAFETY OF LIFE ON NAVIGABLE WATERS



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.  100.35T05-0277 to read as follows:





Sec.  100.35T05-0277  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 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. (noon) on August 13, 2011.



     Dated: June 23, 2011.

A. Popiel,

Captain, U.S. Coast Guard, Captain of the Port North Carolina.

[FR Doc. 2011-17114 Filed 7-6-11; 8:45 am]

BILLING CODE 9110-04-P