[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Rules and Regulations]
[Pages 55561-55563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22919]


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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: Temporary final rule.

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SUMMARY: The Coast Guard will temporarily change the enforcement period 
of one special local regulation for a recurring marine event in the 
Fifth Coast Guard District, specifically the ``Wilmington YMCA 
Triathlon'' conducted on the waters of Wrightsville Channel near 
Wrightsville Beach, North Carolina. 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: This rule is effective on September 17, 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-2011-0629 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-0629 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 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.

Regulatory Information

    On July 27, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled 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 in the Federal 
Register (76 FR 44877). 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. The Coast Guard was informed about 
the changed date too late for the full delayed-effective date period to 
run. In addition, the public interest favors allowing the event to run 
at its scheduled time. The burden on the boating public will be low, 
consisting of a short restriction on vessel traffic in a limited area, 
with passage allowed when safe to do so. The benefit of allowing the 
event to continue as scheduled will be enjoyed by a large number of 
participants and spectators.

Background and Purpose

    The YMCA sponsors the annual, ``Wilmington YMCA Triathlon'', at 
Wrightsville Beach, 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 listing of annual recurring marine events within the Fifth 
Coast Guard District, that specifies regulated area and enforcement 
date(s) are published in 33 CFR Sec.  100.501. The Table to Sec.  
100.501 identifies marine events by Captain of the Port zone. This rule 
changes the date for the marine event listed on line No. 57 in the 
Table.
    The regulation as specified on line No. 57 in the Table; indicates 
the Triathlon event should take place on September 24, 2011, although 
this year the event date will take place one week earlier, 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 the swimming portion of the triathlon. 
The regulation at 33 CFR 100.501 will be enforced from 7 a.m. to 9 a.m. 
on September 17, 2011; vessels will not be able enter the regulated 
area unless they receive permission from the Coast Guard Patrol 
Commander.

[[Page 55562]]

Discussion of Comments and Changes

    There were no comments and no changes made.

Discussion of Rule

    The Coast Guard is temporarily suspending the regulation listed at 
line No. 57 in Table to Sec.  100.501 and will insert a new temporary 
regulation in the Table to Sec.  100.501 on line No. 63, in order to 
reflect the change in the event date for 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 
regulated area unless the vessel receives permission from the Patrol 
Commander.
    Any vessel transiting the regulated area must do so at a no-wake 
speed during the enforcement period. Nothing in this rule negates the 
requirement to operate at a safe speed as provided in the Navigational 
Rules and Regulations.

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.
    We expect the economic impact of this 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 and radio 
stations 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 
triathlon 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 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. Small entities may include owners or 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 
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 within 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.

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 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 effect 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

[[Page 55563]]

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 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 one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. An environmental analysis checklist 
and a categorical exclusion determination are available in the docket 
where indicated under ADDRESSES. 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.

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--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. In Sec.  100.501, suspend line No. 57 in the Table to Sec.  100.501.

0
3. In Sec.  100.501, add line No. 63 in Table to Sec.  100.501; to read 
as follows:


Sec.  100.501  Special Local Regulations; Marine Events 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 to,
                                        Triathlon.                              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: August 29, 2011.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2011-22919 Filed 9-7-11; 8:45 am]
BILLING CODE 9110-04-P