[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Rules and Regulations]
[Pages 52996-52998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21792]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0663]
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 a Special Local Regulation for 
the ``Swim the Loop'' and ``Motts Channel Sprint'' swim event, to be 
held on the waters adjacent to and surrounding Harbor Island in 
Wrightsville Beach, North Carolina. 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 the 
Atlantic Intracoastal Waterway within 550 yards north and south of the 
U.S. 74/76 Bascule Bridge crossing the Atlantic Intracoastal Waterway, 
mile 283.1, at Wrightsville Beach, North Carolina, during the swim 
event.

DATES: This rule is effective on September 27, 2015 only.
    This rule will be enforced from 7 a.m. to 10 a.m. on September 27, 
2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0663]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Derek J. Burrill, Coast Guard Sector North Carolina, 
Coast Guard; telephone (910) 772-2230, email [email protected]. 
If you have questions on viewing or submitting material to the docket, 
call Cheryl Collins, 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. Regulatory History and 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. The Coast Guard did not receive final 
information about this event with sufficient time to publish an NPRM 
and receive comments. Delaying the effective date to provide for a 
comment period would be contrary to the public interest, since 
immediate action is needed to ensure the safety of the event 
participants, patrol vessels, spectator craft and other vessels 
transiting the event area. The Coast Guard will provide advance 
notifications to users of the affected waterways of the safety zone via 
marine information broadcasts and local notice to mariners.

[[Page 52997]]

    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. For the same reasons stated above, 
delaying the effective date to provide for a comment period is 
impracticable and would be contrary to the public interest.

B. Basis and Purpose

    On September 27, 2015 from 7 a.m. to 10 a.m., Without Limits 
Coaching will sponsor ``Swim the Loop'' and ``Motts Channel Sprint'' on 
the waters adjacent to and surrounding Harbor Island in Wrightsville 
Beach, North Carolina. The swim event will consist of up to 200 
swimmers per event swimming a 1.3 mile course or a 3.5 mile course 
around Harbor Island in Wrightsville Beach, North Carolina. To provide 
for the safety of participants, spectators and other transiting 
vessels, the Coast Guard will temporarily restrict vessel traffic in 
the event area during this event.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard is establishing a safety zone on the navigable 
waters of the Atlantic Intracoastal Waterway 550 yards north and south 
of the U.S. 74/76 Bascule Bridge, mile 283.1, latitude 34[deg]13'06'' 
North, longitude 077[deg]48'44'' West, at Wrightsville Beach, North 
Carolina.
    To provide for the safety of participants, spectators and other 
transiting vessels, the Coast Guard will temporarily restrict vessel 
traffic in the event area during this event. Specifically, the U.S. 74/
76 Bascule Bridge at Wrightsville Beach, North Carolina will remain 
closed during the event on September 27, 2015 from 7 a.m. to 10 a.m. 
During the event, general navigation within the safety zone will be 
restricted, no person or vessel may enter or remain in the regulated 
area, with the exception of participants and vessels authorized by the 
Coast Guard Captain of the Port or his representative.

D. Regulatory Analyses

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

1. 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 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 
will restrict access to the area, the effect of this rule will not be 
significant because the regulated area will be in effect for a limited 
time, from 7 a.m. to 10 a.m., on September 27, 2015. The Coast Guard 
will provide advance notification via maritime advisories so mariners 
can adjust their plans accordingly. The regulated area will apply only 
to the section of Atlantic Intracoastal Waterway in the immediate 
vicinity of U.S. 74/76 Bascule Bridge at Wrightsville Beach, North 
Carolina. 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

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 Atlantic Intracoastal 
Waterway from 7 a.m. to 10 a.m. on September 27, 2015.
    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 three hours from 7 a.m. to 10 a.m. The 
regulated area applies only to the section of Atlantic Intracoastal 
Waterway in the vicinity of the U.S. 74/76 Bascule Bridge at 
Wrightsville Beach, North Carolina. Vessel traffic may be allowed to 
pass through the regulated area on a case by case basis 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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this 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.
    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.

4. Collection of Information

    This 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 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.

[[Page 52998]]

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

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

13. Technical Standards

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

14. 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 determined 
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 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. This rule is categorically excluded from further 
review under paragraph 34(h) of Figure 2-1 of the Commandant 
Instruction. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this 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

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-T05-0200 to read as follows:


Sec.  100.35-T05-0200  Special Local Regulations for Marine Events, 
Wrightsville Channel; Wrightsville Beach, NC

    (a) Regulated area. The following location is a regulated area: All 
waters of the Atlantic Intracoastal Waterway within 550 yards north and 
south of the U.S. 74/76 Bascule Bridge, mile 283.1, latitude 
34[deg]13'06'' North, longitude 077[deg]48'44'' West, at Wrightsville 
Beach, 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 participating in the ``Swim the Loop'' 
and ``Motts Channel Sprint'' 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 
will 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 7 a.m. 
to 10 a.m. on September 27, 2015.

    Dated: August 10, 2015.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2015-21792 Filed 9-1-15; 8:45 am]
BILLING CODE 9110-04-P