[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Proposed Rules]
[Pages 30929-30932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12596]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2012-0341]
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, specifically the ``Wilmington YMCA 
Triathlon'', locally known as the ``Beach 2 Battleship'', 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 October or the first or second 
Saturday in November to the third Saturday in October. 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 June 25, 2012.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: 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. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email BOSN3 Joseph M. Edge, Coast Guard Sector North Carolina, 
Coast Guard; telephone 252-247-4525, email

[[Page 30930]]

[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: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, 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 at 
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, 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 email 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, 
type the docket number (USCG-2012-0341) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    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.

2. 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, 
type the docket number (USCG-2012-0341) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. 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.

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. You may submit a 
request for one, using one of the 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.

B. Regulatory History and Information

    Annually, since 2008, a regulation has been enforced for the 
``Wilmington YMCA Triathlon'', locally known as the ``Beach 2 
Battleship''. The event was recently added to 33 CFR 100.501 on January 
19, 2012 in 77 FR 2629. Historically no comments or objections have 
been received for the regulation. Based on tidal predictions the 
sponsor has requested a change to the effective dates of this rule.

C. Basis and Purpose

    The YMCA sponsors an annual Triathlon, ``Wilmington YMCA 
Triathlon'', locally known as the ``Beach 2 Battleship'', 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 corresponding dates is 33 CFR 100.501. The Table to 
Sec.  100.501 identifies marine events by Captain of the Port zone. 
This particular marine event is listed in section (d.) line No. 4 of 
the table.
    The current regulation described in section (d.) line No. 4 of the 
table indicates the Triathlon should take place this year on October 
27, 2012, November 3, 2012 or November 10, 2012, this year. This 
regulation proposes to change the date for the event to take place on 
October 20, 2012 for this year only.
    The swim portion of the Triathlon, scheduled to take place on 
Saturday October 20, 2012, will consist of two groups of 950 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 11 a.m. on October 20, 2012; 
vessels may not enter the regulated area unless they receive permission 
from the Coast Guard Patrol Commander.

D. Discussion of Proposed Rule

    The Coast Guard proposes to temporarily suspend the regulation 
listed at section (d.) line No. 4 in the Table to Sec.  100.501 and 
insert this new temporary regulation at the Table to Sec.  100.501 line 
No. 5 in order to reflect the change of date for this year's event. 
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 11 a.m. on October 20, 2012. The Coast Guard, 
at its discretion, when deemed safe 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 the regulated segment of the waterway.

[[Page 30931]]

    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.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. 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, Improving Regulation and 
Regulatory Review, 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).

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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 of operators of vessels 
intending to transit Wrightsville Channel from 7 a.m. to 11 a.m. on 
October 20, 2012.
    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 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.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the ``For Further 
Information Contact'' section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. 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.

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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

[[Page 30932]]

between the Federal Government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use 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.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. 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 that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. 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.
    This rule is categorically excluded from further review under 
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A 
preliminary environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

F. 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. At Sec.  100.501, in the Table to Sec.  100.501, make the 
following amendments:
    a. Under ``(d) Coast Guard Sector North Carolina-COTP Zone,'' 
suspend line 4.
    b. Under ``(d) Coast Guard Sector North Carolina-COTP Zone,'' add 
temporary line 5 to read as follows:


Sec.  100.501-T05-0629  Special Local Regulations; Recurring Marine 
Event in the Fifth Coast Guard District.

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                                (d.) Coast Guard Sector North Carolina--COTP Zone
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Number            Date.................  Event................  Sponsor..............  Location
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                                                  * * * * * * *
5...............  October 20, 2012.....  Wilmington YMCA        Wilmington YMCA......  The waters of, and
                                          Triathlon.                                    adjacent 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: May 10, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2012-12596 Filed 5-23-12; 8:45 am]
BILLING CODE 9110-04-P