[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Proposed Rules]
[Pages 49909-49911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17927]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0288]
RIN 1625-AA00


Safety Zone, Banks Channel; Wrightsville Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the navigable waters adjacent to Harbor Island and Wrightsville 
Beach, NC. This proposed safety zone would restrict vessel movement on 
portions of Masonboro Inlet, Banks Channel, and Motts Channel during 
the PPD Ironman NC event on October 22, 2016. This action is necessary 
for the safety of life on the surrounding navigable waters during this 
event. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 15, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0288 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Ryan Phillips, Coast 
Guard Sector North Carolina, Coast Guard; telephone (910)772-2212, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On October 22, 2016, PPD Ironman NC notified the Coast Guard that 
as part of the PPD Ironman NC event approximately 2500 swimmers will 
compete along a course starting at Masonboro Inlet from 7 a.m. to 11 
a.m. on October 22, 2016. The course begins at approximate location 
latitude 34[deg]11'13'' N. longitude 077[deg]48'53'' W., continuing 
north in Banks Channel crossing at the approximate location latitude 
34[deg]12'14'' N. longitude 077[deg]48'04'' W. into Motts channel 
heading west stopping at Sea Path Marina where swimmers will exit the 
water approximately at latitude 34[deg]12'44'' N. longitude 
077[deg]48'25'' W. in Wrightsville Beach, NC.
    The purpose of this rulemaking is to ensure the safety of swimmers 
and rescue crews from hazards associated with vessel traffic and other 
hazards. The Coast Guard proposes this rulemaking under authority in: 
33 U.S.C. 1231; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department of 
Homeland Security Delegation No. 0170.1.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 7 a.m. to 11 a.m. 
on October 22, 2016. The safety zone would cover all navigable waters 
starting at the approximate position latitude 34[deg]11'13'' N., 
longitude 077[deg]48'53'' W., heading north to approximate position 
latitude 34[deg]12'14'' N., longitude 077[deg]48'04'' W., traveling 
west and ending at approximate position latitude 34[deg]12'44'' N., 
longitude 077[deg]48'25'' W. The duration of the zone is intended to 
ensure the safety of swimmers during the scheduled 7 a.m. to 11 a.m. 
swimming event. Except for vessels authorized by the COTP North 
Carolina or her designated representative, no person or vessel except 
safety crew designated by PPD Ironman NC may enter or remain in the 
safety zone. All persons and vessels granted permission to enter the 
zone must comply with the instructions of the COTP North Carolina or 
her designed representative.
    Notification of the temporary safety zone will be provided to the 
public via marine information broadcasts. The regulatory text we are 
proposing appears at the end of this document.

IV. 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 and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the

[[Page 49910]]

importance of quantifying both costs and benefits, of reducing costs, 
of harmonizing rules, and of promoting flexibility. This NPRM has not 
been designated a ``significant regulatory action,'' under Executive 
Order 12866. Accordingly, the NPRM has not been reviewed by the Office 
of Management and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Coast Guard 
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the zone, and the rule would allow vessels to seek permission to 
enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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.
    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 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 
section. 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.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    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 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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 
rulemaking elsewhere in this preamble.

F. 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 (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: a safety 
zone lasting 4 hours that would prohibit entry into the proposed safety 
zone. Normally such actions are categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

[[Page 49911]]

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add, under the undesignated center heading Fifth Coast Guard 
District, temporary Sec.  165.T05-0437 to read as follows:


Sec.  165.T05-0437  Safety Zone, Wrightsville Beach, NC.

    (a) Definitions. For the purposes of this section, Captain of the 
Port means the Commander, Sector North Carolina. Representative means 
any Coast Guard commissioned, warrant, or petty officer who has been 
authorized to act on the behalf of the Captain of the Port.
    (b) Location. The following area is a safety zone: all waters at 
Masonboro Inlet starting at approximate location latitude 
34[deg]11'13'' N. longitude 077[deg]48'53'' W., heading north in Banks 
Channel at approximate location latitude 34[deg]12'14'' N. longitude 
077[deg]48'04'' W., heading west into Motts channel and stopping at Sea 
Path Marina approximately at latitude 34[deg]12'44'' N. longitude 
077[deg]48'25'' W. in Wrightsville Beach, NC.
    (c) Regulations. (1) The general regulations contained in Sec.  
165.23 apply to the area described in paragraph (b) of this section.
    (2) Persons or vessels requesting entry into or passage through any 
portion of the safety zone must first request authorization from the 
Captain of the Port, or a designated representative. The Captain of the 
Port or his designated representative can be contacted at telephone 
number (910) 343-3882 or by radio on VHF Marine Band Radio, channels 13 
and 16.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 7 a.m. 
to 11 a.m. on October 22, 2016, unless cancelled earlier by the Captain 
of the Port.

    Dated: July 14, 2016.
P.J. Hill,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2016-17927 Filed 7-28-16; 8:45 am]
 BILLING CODE 9110-04-P