Special Local Regulations for Marine Events; Wrightsville Channel, Wrightsville Beach, NC, 57242-57244 [E8-23188]

Download as PDF 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