[Federal Register Volume 76, Number 144 (Wednesday, July 27, 2011)]
[Proposed Rules]
[Pages 44877-44880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19020]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0629]
RIN 1625-AA08


Special Local Regulations for Marine Events; Temporary Change of 
Dates for Recurring Marine Events in the Fifth Coast Guard District, 
Wrightsville Channel; Wrightsville Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the enforcement 
period of one special local regulation for a recurring marine event in 
the Fifth Coast Guard District. The ``Wilmington YMCA Triathlon,'' 
conducted on the waters of Wrightsville Channel near Wrightsville 
Beach, North Carolina normally would take place on September 24, 2011; 
this year, the sponsor would like to have the event on September 17, 
2011. This Special Local Regulation is necessary to provide for the 
safety of life on navigable waters during the event, which has been 
rescheduled from the last Saturday in September to the second-to-last 
Saturday in September. This action is intended to restrict vessel 
traffic on Wrightsville Channel during the swimming portion of this 
event.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 26, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0629 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-2011-0629), 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-2011-0629'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column.

[[Page 44878]]

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-2011-0629'' 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

    The YMCA sponsors an annual Triathlon, ``Wilmington YMCA 
Triathlon'', in the Wrightsville Beach area of North Carolina. The 
Triathlon consists of three events: a running portion, a bike-riding 
portion, and a swimming portion. The swimming portion of the Triathlon 
takes place in the waters adjacent to Wrightsville Beach. A special 
local regulation is effective annually to create a safety zone for the 
swimming portion of the Triathlon.
    The regulation listing annual marine events within the Fifth Coast 
Guard District and their regulated dates is 33 CFR 100.501. A Table to 
Sec.  100.501 identifies marine events by Captain of the Port zone. 
This particular marine event is listed at line No. 57.
    While, according to the regulation at line No. 57, the Triathlon 
should take place this year on September 24, 2011, this year the event 
will take place instead on September 17, 2011.
    The swim portion of the Triathlon, scheduled to take place on 
Saturday September 17, 2011, will consist of two groups of 750 swimmers 
entering Banks Channel at the Blockade Runner Hotel and swimming 
northwest along Motts Channel to Seapath Marine. 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. The regulation at 33 CFR 
100.501 would be enforced from 7 a.m. to 9 a.m. on September 17, 2011; 
vessels may not enter the regulated area unless they receive permission 
from the Coast Guard Patrol Commander.

Discussion of Proposed Rule

    The Coast Guard is proposing to temporarily suspend the regulation 
listed at line No. 57 in Table to Sec.  100.501 and will insert this 
new temporary regulation at Table to Sec.  100.501 line No. 63, in 
order to reflect the change in the date for this event this year. This 
change is needed to accommodate the change in date of the annual 
Triathlon. No other portion of the Table to Sec.  100.501 or other 
provisions in Sec.  100.501 shall be affected by this regulation.
    This safety zone will restrict vessel movement on the specified 
waters of Wrightsville Channel, Wrightsville Beach, NC. The regulated 
area will be established in the interest of participant safety during 
the swim portion of the ``Wilmington YMCA Triathlon'' and will be 
enforced from 7 a.m. to 9 a.m. on September 17, 2011. The Coast Guard, 
at its discretion, when practical will allow the passage of vessels. 
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 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 proposed 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, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
Executive Order 12866 or under section 1 of Executive Order 13563. The 
Office of Management and Budget has not reviewed it under those Orders.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. 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. Additionally, this 
rulemaking does not change the permanent regulated areas that have been 
published in 33 CFR 100.501, Table to Sec.  100.501. 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. 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

[[Page 44879]]

entities. This rule will affect the following entities, some of which 
may be small entities: The owners of operators of vessels intending to 
transit Wrightsville Channel from 7 a.m. to 9 a.m. on September 17, 
2011.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
regulation will be enforced for only two hours. Although the regulated 
area will apply to Motts, Banks 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 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 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.

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

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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. In Sec.  100.501, suspend line No. 57 and add line No. 59 in the 
Table to read as follows:


Sec.  100.501  Special Local Regulations; Recurring Marine Event in the 
Fifth Coast Guard District.

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                                  Coast Guard Sector North Carolina--COTP Zone
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     Number              Date                  Event                Sponsor                   Location
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                                                  * * * * * * *
59.............  September 17, 2011..  Wilmington YMCA       Wilmington YMCA.....  The waters of, and adjacent
                                        Triathlon.                                  to, Wrightsville Channel
                                                                                    from Wrightsville Channel
                                                                                    Day beacon 14 (LLNR 28040),
                                                                                    located at 34[deg]12'18'' N,
                                                                                    longitude 077[deg]48'10'' W,
                                                                                    to Wrightsville Channel Day
                                                                                    beacon 25 (LLNR 28080),
                                                                                    located at 34[deg]12'51'' N,
                                                                                    longitude 77[deg]48'53'' W.
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    Dated: July 18, 2011.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2011-19020 Filed 7-26-11; 8:45 am]
BILLING CODE 9110-04-P