Special Local Regulations for Marine Events; Wrightsville Channel, Wrightsville Beach, NC, 57242-57244 [E8-23188]
Download as PDF
<![CDATA[
57242
Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Rules and Regulations
section and adding in its place ‘‘1140–
0032’’.
■ 44. Section 478.125a is amended by
removing ‘‘1512–0387’’ in the
parenthetical text at the end of the
section and adding in its place ‘‘1140–
0032’’.
■ 45. Section 478.126 is amended by
removing ‘‘1512–0387’’ in the
parenthetical text at the end of the
section and adding in its place ‘‘1140–
0032’’.
■ 46. Section 478.126a is amended by
removing ‘‘1512–0006’’ in the
parenthetical text at the end of the
section and adding in its place ‘‘1140–
0003’’.
■ 47. Section 478.127 is amended by
removing ‘‘Spring Mills Office Park,
2029 Stonewall Jackson Drive, Falling
Waters, West Virginia 25419’’ in the
second sentence and adding in its place
‘‘244 Needy Road, Martinsburg, West
Virginia 25405’’, and by removing
‘‘Chief, National Licensing Center’’ and
adding in its place ‘‘Chief, Federal
Firearms Licensing Center’’.
■ 48. Section 478.131 is amended by
removing ‘‘1512–0544’’ in the
parenthetical text at the end of the
section and adding in its place ‘‘1140–
0045’’.
■ 49. Section 478.132 is amended by
removing ‘‘1512–0526’’ in the
parenthetical text at the end of the
section and adding in its place ‘‘1140–
0041’’.
■ 50. Section 478.133 is amended by
removing ‘‘1512–0526’’ in the
parenthetical text at the end of the
section and adding in its place ‘‘1140–
0041’’.
■ 51. Section 478.150 is amended by
removing ‘‘1512–0544’’ in the
parenthetical text at the end of the
section and adding in its place ‘‘1140–
0045’’.
■ 52. Section 478.151 is amended by
adding a parenthetical text at the end of
the section to read as follows:
§ 478.151 Semiautomatic rifles or
shotguns for testing or experimentation.
*
*
*
*
*
(Paragraph (b) approved by the Office
of Management and Budget under
control number 1140–0037)
yshivers on PROD1PC62 with RULES
PART 479—MACHINE GUNS,
DESTRUCTIVE DEVICES, AND
CERTAIN OTHER FIREARMS
53. The authority citation for 27 CFR
Part 479 continues to read as follows:
■
Authority: 26 U.S.C. 7805.
54. Section 479.21(b) is amended by
removing ‘‘7943 Angus Court,
■
VerDate Aug<31>2005
15:24 Oct 01, 2008
Jkt 217001
Springfield, Virginia 22153’’ and adding
in its place ‘‘7664 K Fullerton Road,
Springfield, Virginia 22150’’.
■ 55. Section 479.102 is amended by
removing ‘‘1512–0550’’ in the
parenthetical text at the end of the
section and adding in its place ‘‘1140–
0050’’.
■ 56. Section 479.131 is amended by
removing ‘‘1512–0387’’ in the
parenthetical text at the end of the
section and adding in its place ‘‘1140–
0032’’.
PART 555—COMMERCE IN
EXPLOSIVES
67. Section 555.184 is amended by
removing ‘‘1512–0539’’ in the
parenthetical text at the end of the
section and adding in its place ‘‘1140–
0042’’.
■ 68. Section 555.201 is amended by
removing ‘‘1512–0536’’ in the
parenthetical text at the end of the
section and adding in its place ‘‘1140–
0071’’.
■
Dated: September 26, 2008.
Michael B. Mukasey,
Attorney General.
[FR Doc. E8–23178 Filed 10–1–08; 8:45 am]
BILLING CODE 4410–FY–P
57. The authority citation for 27 CFR
Part 555 continues to read as follows:
■
Authority: 18 U.S.C. 847.
58. Section 555.21(b) is amended by
removing ‘‘7943 Angus Court,
Springfield, Virginia 22153’’ and adding
in its place ‘‘7664 K Fullerton Road,
Springfield, Virginia 22150’’.
■ 59. Section 555.23 is amended by
removing ‘‘Center, 7943 Angus Court,
Springfield, Virginia, 22153’’ and
adding in its place ‘‘Center (See
§ 555.21)’’.
■ 60. Section 555.109 is amended by
removing the parenthetical text at the
end of the section and adding in its
place ‘‘(Approved by the Office of
Management and Budget under control
numbers 1140–0055 and 1140–0062)’’.
■ 61. Section 555.121 is amended by
removing ‘‘1512–0373’’ in the
parenthetical text at the end of the
section and adding in its place ‘‘1140–
0030’’.
■ 62. Section 555.122 is amended by
removing ‘‘1512–0373’’ in the
parenthetical text at the end of the
section and adding in its place ‘‘1140–
0030’’.
■ 63. Section 555.123 is amended by
removing ‘‘1512–0373’’ in the
parenthetical text at the end of the
section and adding in its place ‘‘1140–
0030’’.
■ 64. Section 555.124 is amended by
removing ‘‘1512–0373’’ in the
parenthetical text at the end of the
section and adding in its place ‘‘1140–
0030’’.
■ 65. Section 555.128 is amended by
removing ‘‘Spring Mills Office Park, 882
T.J. Jackson Drive, Falling Waters, West
Virginia 25419’’ in the second sentence
and adding in its place ‘‘244 Needy
Road, Martinsburg, West Virginia
25405’’.
■ 66. Section 555.181 is amended by
removing the parenthetical text at the
end of section.
■
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2008–0738]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Wrightsville Channel,
Wrightsville Beach, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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 of Banks Channel, 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 in Wrightsville Channel during
the swimming portion of this event.
DATES: This rule is effective from 6 a.m.
to 11 a.m. on November 1, 2008.
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–2008–0738 and are
available online at www.regulations.gov.
This material is also available for
inspection or copying at two locations:
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 and the Fifth
Coast Guard District, Prevention
Division, 431 Crawford Street, Room
416, Portsmouth, VA 23704 between 10
E:\FR\FM\02OCR1.SGM
02OCR1
Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Rules and Regulations
a.m. and 2 p.m., Monday through
Friday, except Federal holidays.
If
you have questions on this temporary
rule, call Christopher D. Humphrey,
Coast Guard Sector North Carolina,
Atlantic Beach, NC (252) 247–4571. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Regulatory Information
On August 18, 2008, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations for
Marine Events; Wrightsville Channel,
Wrightsville Beach, NC in the Federal
Register (73 FR 48160). We received no
letters commenting on the proposed
rule. No public meeting was requested,
and none was held.
Background and Purpose
On November 1, 2008, the
Wilmington YMCA will sponsor the
‘‘Beach 2 Battleship Full and Half Iron
Distance Triathlon’’ on the waters of
Banks Channel including the waters of
Wrightsville Channel adjacent to
Wrightsville Beach, North Carolina. The
swim portion of the event will consist
of two groups of 500 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.
Discussion of Comments and Changes
The Coast Guard did not receive
comments in response to the notice of
proposed rulemaking (NPRM) published
in the Federal Register. Accordingly,
the Coast Guard is establishing
temporary special local regulations on
specified waters of Wrightsville
Channel, Wrightsville Beach, NC.
yshivers on PROD1PC62 with RULES
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, and does not
VerDate Aug<31>2005
15:24 Oct 01, 2008
Jkt 217001
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
Although this regulation prevents
traffic from transiting a portion of
Wrightsville Channel and Motts
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, 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 or operators of
vessels intending to transit this section
of Wrightsville Channel, Motts Channel
and Banks Channel from 6 a.m. to 11
a.m. on November 1, 2008. This rule
would not have a significant economic
impact on a substantial number of small
entities for the following reasons.
Although the regulated area will apply
to the Wrightsville Channel, 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
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
57243
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
E:\FR\FM\02OCR1.SGM
02OCR1
57244
Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Rules and Regulations
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.
yshivers on PROD1PC62 with RULES
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
VerDate Aug<31>2005
15:24 Oct 01, 2008
Jkt 217001
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 5100.1 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 under the Instruction
that there are no factors in this case that
would limit the use of a categorical
exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is
categorically excluded, under figure 2–
1, paragraph (34)(h), of the Instruction,
from further environmental
documentation.
Under figure 2–1, paragraph (34)(h),
of the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for 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 amends 33
CFR part 100 as follows:
PART 100—REGATTAS AND MARINE
PARADES
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
(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) The operator of a vessel in the
regulated area shall stop the vessel
immediately when instructed to do so
by the Official Patrol and then proceed
as directed.
(iv) 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 6 a.m. to 11 a.m.
on November 1, 2008.
Dated: September 25, 2008.
Neil O. Buschman,
Captain, U.S. Coast Guard Commander, Fifth
Coast Guard District Acting
[FR Doc. E8–23188 Filed 10–1–08; 8:45 am]
■
2. Add a temporary § 100.35–T05–
0738 to read as follows:
BILLING CODE 4910–15–P
§ 100.35–T05–0738 Wrightsville Channel,
Wrightsville Beach, NC.
DEPARTMENT OF HOMELAND
SECURITY
(a) Regulated area. The regulated area
is established for the waters of Banks
Channel, adjacent to Wrightsville Beach,
NC, from the southern tip of
Wrightsville Beach approximate
position latitude 34°11′15″ N, longitude
077°48′51″ W, thence northeast to
Seapath Marina, Wrightsville Beach,
NC. approximate position latitude
34°12′45″ N, longitude 077°48′27″ 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 have been designated by the
Commander, Coast Guard Sector North
Carolina.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
Coast Guard
33 CFR Part 110
[Docket No. USCG–2008–0076]
RIN 1625–AA01
Anchorage Regulations; Yarmouth,
ME, Casco Bay; Correction
Coast Guard, DHS.
Correcting amendments.
AGENCY:
ACTION:
SUMMARY: The Coast Guard published a
final rule in the Federal Register on
March 12, 2008 (73 FR 13125), creating
three special anchorage areas in
Yarmouth, Maine. That rule contained
E:\FR\FM\02OCR1.SGM
02OCR1
]]>Agencies
[Federal Register Volume 73, Number 192 (Thursday, October 2, 2008)]
[Rules and Regulations]
[Pages 57242-57244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23188]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-0738]
RIN 1625-AA08
Special Local Regulations for Marine Events; Wrightsville
Channel, Wrightsville Beach, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
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 of Banks Channel,
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 in Wrightsville Channel during the swimming portion of
this event.
DATES: This rule is effective from 6 a.m. to 11 a.m. on November 1,
2008.
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-2008-0738 and are available online at
www.regulations.gov. This material is also available for inspection or
copying at two locations: 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 and the Fifth
Coast Guard District, Prevention Division, 431 Crawford Street, Room
416, Portsmouth, VA 23704 between 10
[[Page 57243]]
a.m. and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Christopher D. Humphrey, Coast Guard Sector North
Carolina, Atlantic Beach, NC (252) 247-4571. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On August 18, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events;
Wrightsville Channel, Wrightsville Beach, NC in the Federal Register
(73 FR 48160). We received no letters commenting on the proposed rule.
No public meeting was requested, and none was held.
Background and Purpose
On November 1, 2008, the Wilmington YMCA will sponsor the ``Beach 2
Battleship Full and Half Iron Distance Triathlon'' on the waters of
Banks Channel including the waters of Wrightsville Channel adjacent to
Wrightsville Beach, North Carolina. The swim portion of the event will
consist of two groups of 500 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.
Discussion of Comments and Changes
The Coast Guard did not receive comments in response to the notice
of proposed rulemaking (NPRM) published in the Federal Register.
Accordingly, the Coast Guard is establishing temporary special local
regulations on specified waters of Wrightsville Channel, Wrightsville
Beach, NC.
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, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Although this regulation prevents traffic from transiting a portion
of Wrightsville Channel and Motts 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, 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 or operators of vessels intending to
transit this section of Wrightsville Channel, Motts Channel and Banks
Channel from 6 a.m. to 11 a.m. on November 1, 2008. This rule would not
have a significant economic impact on a substantial number of small
entities for the following reasons. Although the regulated area will
apply to the Wrightsville Channel, 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.
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
[[Page 57244]]
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 5100.1 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
under the Instruction that there are no factors in this case that would
limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(h), of the Instruction, from further
environmental documentation.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
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-T05-0738 to read as follows:
Sec. 100.35-T05-0738 Wrightsville Channel, Wrightsville Beach, NC.
(a) Regulated area. The regulated area is established for the
waters of Banks Channel, adjacent to Wrightsville Beach, NC, from the
southern tip of Wrightsville Beach approximate position latitude
34[deg]11'15'' N, longitude 077[deg]48'51'' W, thence northeast to
Seapath Marina, Wrightsville Beach, NC. approximate position latitude
34[deg]12'45'' N, longitude 077[deg]48'27'' 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 have
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) The operator of a vessel in the regulated area shall stop the
vessel immediately when instructed to do so by the Official Patrol and
then proceed as directed.
(iv) 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 6 a.m.
to 11 a.m. on November 1, 2008.
Dated: September 25, 2008.
Neil O. Buschman,
Captain, U.S. Coast Guard Commander, Fifth Coast Guard District Acting
[FR Doc. E8-23188 Filed 10-1-08; 8:45 am]
BILLING CODE 4910-15-P
