[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Rules and Regulations]
[Pages 60729-60732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25184]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0885]
RIN 1625-AA08


Special Local Regulations for Marine Events, Wrightsville 
Channel; Wrightsville Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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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 October 29, 
2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0885 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0885 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

[[Page 60730]]

rule, call or e-mail BOSN3 Joseph M. Edge, Coast Guard Sector North 
Carolina, Atlantic Beach, NC; 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

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because delaying the rule for the purpose of 
publishing an NPRM would be contrary to the public interest. Immediate 
action is needed to minimize potential dangers to the participants by 
transiting vessels during the event. Approximately three thousand 
participants are expected be in the water during the event, which 
traverses land and sea. It is in the public interest to have these 
regulations in effect for the protection of participants and mariners, 
alike. The Coast Guard will issue broadcast notice to mariners to 
advise vessel operators of navigational restrictions. On scene Coast 
Guard and local law enforcement vessels will also provide actual notice 
to any mariners who might be unaware of this widely publicized event.
    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 potential dangers posed to 
participants by transiting vessels make a regulatory action necessary, 
but the preparations for the event make rescheduling impractical. 
Delaying the effective date would be contrary to the public interest, 
since immediate action is needed to ensure the safety of the 
approximately three thousand event participants in the event area. 
However, the Coast Guard will provide advance notifications to users of 
the affected waterways via marine information broadcasts, local notice 
to mariners, along with sponsor event notifications using commercial 
radio stations and area newspapers.

Background and Purpose

    Approximately three thousand persons are expected to participate in 
the Wilmington YMCA ``Beach 2 Battleship Full and Half Iron Distance 
Triathlon'', scheduled for October 29, 2011. Those participants will 
engage in a three-part race, including run, bike, and swim portions. 
During the swim portion of the event, two groups of 1600 swimmers will 
enter the waters of Banks Channel and swim northeast to Seapath Marina. 
Those swimmers will be in the path of potential mariners wishing to 
transit the area on October 29, 2011. Therefore, this regulation in 
intended to restrict vessel traffic in the race areas during the 
performance of the race. Restricting vessel traffic will ensure the 
safety of those persons participating in the event as well as those 
spectators and others transiting the area.

Discussion of Rule

    On October 29, 2011, 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 1600 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 vessels, the Coast Guard will temporarily restrict vessel 
traffic in the event area during this event.

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 those Orders.
    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 and operators of vessels intending to 
transit this section of Banks, Motts and Wrightsville Channel, from 7 
a.m. to 11 a.m. on October 29, 2011.
    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.
    If you think that your business, organization, or governmental

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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 offer to assist small 
entities in understanding the rule so that they can 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 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. The special local regulation is necessary 
to provide for the safety of the general public and event participants 
from potential hazards associated with vessels. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.
    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.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--REGATTAS AND MARINE PARADES

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.  100.35-T05-0885 to read as follows:


Sec.  100.35T05-0855  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[deg]11[min]15[sec] N, longitude 
077[deg]48[min]51[sec] W,

[[Page 60732]]

thence northeast to Seapath Marina, Wrightsville Beach, NC. Approximate 
position latitude 34[deg]11[min]45[sec] N, longitude 
077[deg]48[min]27[sec] 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 October 29, 2011.

    Dated: September 13, 2011.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2011-25184 Filed 9-29-11; 8:45 am]
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