Special Local Regulations for Marine Events; Lake Gaston, Enterprise, NC, 30069-30072 [2011-12545]

Download as PDF 30069 Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Proposed Rules (c) The agency shall provide signage at a primary entrance to each of its inaccessible facilities, directing users to a location at which they can obtain information about accessible facilities. The international symbol for accessibility shall be used at each primary entrance of an accessible facility. (d) This section does not require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where agency personnel believe that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance with this section would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the Chairman or his or her designee after considering all agency resources available for use in the funding and operation of the conducted program or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action required to comply with this section would result in such an alteration or such burdens, the agency shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the benefits and services of the program or activity. §§ 2205.161–2205.169 jlentini on DSK4TPTVN1PROD with PROPOSALS § 2205.170 [Reserved] Compliance procedures. (a) Except as provided in paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of disability in programs or activities conducted by the agency in violation of section 504. Paragraphs (c) through (j) of this section also apply to all complaints alleging a violation of the agency’s responsibility to procure electronic and information technology under section 508, whether filed by members of the public or agency employees or applicants. (b) The agency shall process complaints alleging violations of section 504 with respect to employment according to the procedures established by the Equal Employment Opportunity Commission in 29 CFR part 1614 pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791). VerDate Mar<15>2010 16:21 May 23, 2011 Jkt 223001 (c)(1) Any person who believes that he or she has been subjected to discrimination prohibited by this part or that the agency’s procurement of electronic and information technology has violated section 508, or an authorized representative of such person, may file a complaint with the Executive Director. (2) The Executive Director shall be responsible for coordinating implementation of this section. Complaints shall be sent to Executive Director, Occupational Safety and Health Review Commission, One Lafayette Centre, 1120 20th Street, NW., 9th Floor, Washington, DC 20036–3457. Complaints shall be filed with the Executive Director within 180 days of the alleged act of discrimination. A complaint shall be deemed filed on the date it is postmarked, or, in the absence of a postmark, on the date it is received by the agency. The agency may extend this time period for good cause. (d)(1) The agency shall accept a complete complaint that is filed in accordance with paragraph (c) of this section and over which it has jurisdiction. The Executive Director shall notify the complainant and the respondent of receipt and acceptance of the complaint. (2) If the agency receives a complaint that is not complete, the Executive Director shall notify the complainant, within 30 days of receipt of the incomplete complaint, that additional information is needed. If the complainant fails to complete the complaint within 30 days of receipt of this notice, the Executive Director shall dismiss the complaint without prejudice and shall so inform the complainant. (3) If the agency receives a complaint over which it does not have jurisdiction, it shall promptly notify the complainant and shall make reasonable efforts to refer the complaint to the appropriate government entity. (e) The agency shall notify the Architectural and Transportation Barriers Compliance Board upon receipt of any complaint alleging that a building or facility that is subject to the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151–4157), or section 502 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 792), is not readily accessible to and usable by individuals with disabilities. (f) Within 180 days of the receipt of a complete complaint for which it has jurisdiction, the agency shall notify the complainant of the results of the investigation in a letter containing— (1) Findings of fact and conclusions of law; PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 (2) A description of a remedy for each violation found; and (3) A notice of the right to appeal. (g) Appeals of the findings of fact and conclusions of law or remedies must be filed with the Chairman by the complainant within 90 days of receipt from the agency of the letter required by paragraph (f) of this section. The agency may extend this time for good cause. Appeals shall be sent to the Chairman, Occupational Safety and Health Review Commission, One Lafayette Centre, 1120 20th Street, NW., 9th Floor, Washington, DC 20036–3457. An appeal shall be deemed filed on the date it is postmarked, or, in the absence of a postmark, on the date it is received by the agency. It should be clearly marked ‘‘Appeal of Section 504 decision’’ or ‘‘Appeal of Section 508 decision’’ and should contain specific objections explaining why the complainant believes the initial decision was factually or legally wrong. Attached to the appeal letter should be a copy of the initial decision being appealed. (h) Timely appeals shall be accepted and decided by the Chairman. The Chairman shall notify the complainant of the results of the appeal within 60 days of the receipt of the request. If the Chairman determines that additional information is needed from the complainant, he or she shall have 60 days from the date of receipt of the additional information to make his or her determination on the appeal. (i) The time limits cited in paragraphs (f) and (h) of this section may be extended with the permission of the Assistant Attorney General. (j) The agency may delegate its authority for conducting complaint investigations to other Federal agencies or may contract with non-Federal entities to conduct such investigations, except that the authority for making the final determination may not be delegated. §§ 2205.171–2205.999 [Reserved] [FR Doc. 2011–12404 Filed 5–23–11; 8:45 am] BILLING CODE 7600–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2011–0277] RIN 1625–AA08 Special Local Regulations for Marine Events; Lake Gaston, Enterprise, NC AGENCY: E:\FR\FM\24MYP1.SGM Coast Guard, DHS. 24MYP1 30070 ACTION: Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Proposed Rules Notice of proposed rulemaking. The Coast Guard proposes establishment of Special Local Regulations for ‘‘The Crossing’’ swim event, to be held on the waters of Lake Gaston, adjacent to the Eaton Ferry Bridge in Enterprise, 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 Lake Gaston under the Eaton Ferry Bridge and within 100 yards east of the bridge during the swim event. SUMMARY: Comments and related material must be received by the Coast Guard on or before June 23, 2011. DATES: You may submit comments identified by docket number USCG– 2011–0277 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. ADDRESSES: If you have questions on this proposed rule, call or e-mail BOSN3 Joseph M. Edge, Coast Guard Sector North Carolina, Coast Guard; telephone 252– 247–4525, e-mail Joseph.M.Edge@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: jlentini on DSK4TPTVN1PROD with PROPOSALS Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. VerDate Mar<15>2010 16:21 May 23, 2011 Jkt 223001 Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2011–0277), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via http:// www.regulations.gov) or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via http:// www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an e-mail address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, click on the ‘‘submit a comment’’ box, which will then become highlighted in blue. In the ‘‘Document Type’’ drop down menu select ‘‘Proposed Rule’’ and insert ‘‘USCG–2011–0277’’ in the ‘‘Keyword’’ box. Click ‘‘Search’’ then click on the balloon shape in the ‘‘Actions’’ column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, click on the ‘‘read comments’’ box, which will then become highlighted in blue. In the ‘‘Keyword’’ box insert ‘‘USCG–2011– 0277’’ and click ‘‘Search.’’ Click the ‘‘Open Docket Folder’’ in the ‘‘Actions’’ column. 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 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one using one of the four methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. Basis and Purpose On August 13, 2011 from 8:30 a.m. to 12 p.m. The Organization to Support the Arts, Infrastructure, and Learning on Lake Gaston, also known as O’SAIL, will sponsor ‘‘The Crossing’’ on the waters of Lake Gaston, adjacent to Enterprise, North Carolina. The swim event will consist of approximately 200 swimmers entering Lake Gaston at the Morning Star Marina on the north bank of Lake Gaston, east of the Eaton Ferry Bridge, and swimming south along the eastern side of Eaton Ferry Bridge to the Waterview Restaurant. 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. In an effort to enhance safety of event participants the channel in the vicinity of Eaton Ferry Bridge will remain closed during event on August 13, 2011 from 8:30 a.m. to 12 p.m. The Coast Guard will temporarily restrict access to this section of Lake Gaston during the event. Discussion of Proposed Rule The Coast Guard proposes to establish Special Local Regulations that will restrict vessel movement on the specified waters of Lake Gaston, Enterprise, NC. During the Marine Event no vessel will be allowed to transit the waterway unless the vessel is given permission from the Patrol Commander to transit. E:\FR\FM\24MYP1.SGM 24MYP1 Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Proposed Rules The Special Local Regulation will encompass the waters of Lake Gaston under the Eaton Ferry Bridge, latitude 36°31′06″ North, longitude 077°57′37″ West, and within 100 yards of the eastern side of Eaton Ferry Bridge. All vessels are prohibited from transiting this section of the waterway while the regulation is in effect. Entry into the regulated area will not be permitted except as specifically authorized by the Captain of the Port or a designated representative. To request permission to transit the area, mariners may contact Coast Guard Sector North Carolina at (252) 247–4570. The regulated area will be enforced from 8:30 a.m. to 12 p.m. on August 13, 2011. This proposed restriction on vessel movement on and access to this waterway is aimed at protecting the safety of the swimmers participating in the event. Regulatory Analyses We developed this proposed 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. jlentini on DSK4TPTVN1PROD with PROPOSALS 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 that Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under that 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 8:30 a.m. to 12 p.m., on August 13, 2011. The Coast Guard will give advance notification via maritime advisories so mariners can adjust their plans accordingly, and the regulated area will apply only to the section of Lake Gaston in the immediate vicinity of the Eaton Ferry Bridge. Coast Guard vessels enforcing this regulated area can be contacted on marine band radio VHF–FM channel 16 (156.8 MHz). Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit VerDate Mar<15>2010 16:21 May 23, 2011 Jkt 223001 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. 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 Lake Gaston from 8:30 a.m. to 12 p.m. on August 13, 2011. 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 3 and one-half hours from 8:30 a.m. to 12 p.m. The regulated area applies only to the section of Lake Gaston in the vicinity of the Eaton Ferry Bridge and 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 nonparticipating vessels to transit the event area once all swimmers are safely clear of navigation channels and vessel traffic areas. Before the enforcement period, we will issue maritime advisories so mariners can adjust their plans accordingly. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. 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 CWO3 Joseph Edge, Waterways Management Division Chief, Coast Guard Sector North Carolina, at (252) 247–4525. The Coast Guard will not retaliate against PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 30071 small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. Collection of Information This proposed rule would call 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 proposed 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 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive E:\FR\FM\24MYP1.SGM 24MYP1 30072 Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Proposed Rules 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. Energy Effects We have analyzed this proposed 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. jlentini on DSK4TPTVN1PROD with PROPOSALS 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 proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination, under figure 2–1, paragraph 34(h) of the Instruction, that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A preliminary VerDate Mar<15>2010 16:21 May 23, 2011 Jkt 223001 environmental analysis checklist supporting this determination is available in the docket where indicated under ADDRESSES. This proposed rule involves implementation of regulations within 33 CFR Part 100 that apply to organized marine events on the navigable waters of the United States that may have potential for negative impact on the safety or other interest of waterway users and shore side activities in the event area. This special local regulation is necessary to provide for the safety of the general public and event participants from potential hazards associated with movement of vessels near the event area. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233. 2. Add a temporary § 100.35–T05– 0277 to read as follows: § 100.35–T05–0277 Enterprise, NC. Lake Gaston, (a) Regulated area. The following location is a regulated area: All waters of of Lake Gaston directly under the Eaton Ferry Bridge, latitude 36°31′06″ North, longitude 077°57′37″ West, and within 100 yards of the eastern side of the bridge at Enterprise, 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 vessels participating in the ‘‘The Crossing’’ swim event under the auspices of the Marine Event Permit issued to the event sponsor and approved by Commander, Coast Guard Sector North Carolina. PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 (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 may forbid and 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 8:30 a.m. to 12 p.m. on August 13, 2011. Dated: April 18, 2011. A. Popiel, Captain, U.S. Coast Guard, Captain of the Port North Carolina. [FR Doc. 2011–12545 Filed 5–23–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 Docket No. USCG–2011–0264 RIN 1625–AA00 Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: E:\FR\FM\24MYP1.SGM 24MYP1

Agencies

[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Proposed Rules]
[Pages 30069-30072]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12545]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0277]
RIN 1625-AA08


Special Local Regulations for Marine Events; Lake Gaston, 
Enterprise, NC

AGENCY: Coast Guard, DHS.

[[Page 30070]]


ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishment of Special Local 
Regulations for ``The Crossing'' swim event, to be held on the waters 
of Lake Gaston, adjacent to the Eaton Ferry Bridge in Enterprise, 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 Lake Gaston under the Eaton 
Ferry Bridge and within 100 yards east of the bridge during the swim 
event.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 23, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0277 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail BOSN3 Joseph M. Edge, Coast Guard Sector North 
Carolina, Coast Guard; telephone 252-247-4525, e-mail 
Joseph.M.Edge@uscg.mil. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0277), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2011-0277'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-0277'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
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. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Basis and Purpose

    On August 13, 2011 from 8:30 a.m. to 12 p.m. The Organization to 
Support the Arts, Infrastructure, and Learning on Lake Gaston, also 
known as O'SAIL, will sponsor ``The Crossing'' on the waters of Lake 
Gaston, adjacent to Enterprise, North Carolina. The swim event will 
consist of approximately 200 swimmers entering Lake Gaston at the 
Morning Star Marina on the north bank of Lake Gaston, east of the Eaton 
Ferry Bridge, and swimming south along the eastern side of Eaton Ferry 
Bridge to the Waterview Restaurant. 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.
    In an effort to enhance safety of event participants the channel in 
the vicinity of Eaton Ferry Bridge will remain closed during event on 
August 13, 2011 from 8:30 a.m. to 12 p.m. The Coast Guard will 
temporarily restrict access to this section of Lake Gaston during the 
event.

Discussion of Proposed Rule

    The Coast Guard proposes to establish Special Local Regulations 
that will restrict vessel movement on the specified waters of Lake 
Gaston, Enterprise, NC. During the Marine Event no vessel will be 
allowed to transit the waterway unless the vessel is given permission 
from the Patrol Commander to transit.

[[Page 30071]]

    The Special Local Regulation will encompass the waters of Lake 
Gaston under the Eaton Ferry Bridge, latitude 36[deg]31'06'' North, 
longitude 077[deg]57'37'' West, and within 100 yards of the eastern 
side of Eaton Ferry Bridge. All vessels are prohibited from transiting 
this section of the waterway while the regulation is in effect. Entry 
into the regulated area will not be permitted except as specifically 
authorized by the Captain of the Port or a designated representative. 
To request permission to transit the area, mariners may contact Coast 
Guard Sector North Carolina at (252) 247-4570. The regulated area will 
be enforced from 8:30 a.m. to 12 p.m. on August 13, 2011. This proposed 
restriction on vessel movement on and access to this waterway is aimed 
at protecting the safety of the swimmers participating in the event.

Regulatory Analyses

    We developed this proposed 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, 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 that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that 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 8:30 a.m. to 12 p.m., on 
August 13, 2011. The Coast Guard will give advance notification via 
maritime advisories so mariners can adjust their plans accordingly, and 
the regulated area will apply only to the section of Lake Gaston in the 
immediate vicinity of the Eaton Ferry Bridge. Coast Guard vessels 
enforcing this regulated area can be contacted on marine band radio 
VHF-FM channel 16 (156.8 MHz).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would 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 Lake Gaston from 8:30 
a.m. to 12 p.m. on August 13, 2011.
    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 3 and one-half hours from 8:30 a.m. to 
12 p.m. The regulated area applies only to the section of Lake Gaston 
in the vicinity of the Eaton Ferry Bridge and traffic may be allowed to 
pass through the regulated area with the permission of the Coast Guard 
Patrol Commander. In the case where the Patrol Commander authorizes 
passage through the regulated area, vessels shall proceed at the 
minimum speed necessary to maintain a safe course that minimizes wake 
near the swim course. The Patrol Commander will allow non-participating 
vessels to transit the event area once all swimmers are safely clear of 
navigation channels and vessel traffic areas. Before the enforcement 
period, we will issue maritime advisories so mariners can adjust their 
plans accordingly.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 CWO3 Joseph Edge, Waterways 
Management Division Chief, Coast Guard Sector North Carolina, at (252) 
247-4525. 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.

Collection of Information

    This proposed rule would call 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 proposed 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive

[[Page 30072]]

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.

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination, under figure 2-1, paragraph 
34(h) of the Instruction, that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. A preliminary environmental analysis 
checklist supporting this determination is available in the docket 
where indicated under ADDRESSES. This proposed rule involves 
implementation of regulations within 33 CFR Part 100 that apply to 
organized marine events on the navigable waters of the United States 
that may have potential for negative impact on the safety or other 
interest of waterway users and shore side activities in the event area. 
This special local regulation is necessary to provide for the safety of 
the general public and event participants from potential hazards 
associated with movement of vessels near the event area. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority:  33 U.S.C. 1233.

    2. Add a temporary Sec.  100.35-T05-0277 to read as follows:


Sec.  100.35-T05-0277  Lake Gaston, Enterprise, NC.

    (a) Regulated area. The following location is a regulated area: All 
waters of of Lake Gaston directly under the Eaton Ferry Bridge, 
latitude 36[deg]31'06'' North, longitude 077[deg]57'37'' West, and 
within 100 yards of the eastern side of the bridge at Enterprise, 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 vessels participating in the ``The 
Crossing'' 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 
may forbid and 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 8:30 
a.m. to 12 p.m. on August 13, 2011.

    Dated: April 18, 2011.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2011-12545 Filed 5-23-11; 8:45 am]
BILLING CODE 9110-04-P