Special Local Regulations for Marine Events; Temporary Change of Dates for Recurring Marine Events in the Fifth Coast Guard District, Wrightsville Channel; Wrightsville Beach, NC, 44877-44880 [2011-19020]
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Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Proposed Rules
XIII. Proposed Effective Date
FDA is proposing that any final rule
based on this proposal become effective
on the date of its publication in the
Federal Register or at a later date if
stated in the final rule.
Dated: July 22, 2011.
Nancy K. Stade,
Deputy Director for Policy, Center for Devices
and Radiological Health.
[FR Doc. 2011–18957 Filed 7–26–11; 8:45 am]
BILLING CODE 4160–01–P
List of Subjects in 21 CFR Part 870
PART 870—CARDIOVASCULAR
DEVICES
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 371.
2. Section 870.3610 is amended by
revising paragraphs (a) and (c) to read as
follows:
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Implantable pacemaker pulse
(a) Identification. An implantable
pacemaker pulse generator is a device
that has a power supply and electronic
circuits that produce a periodic
electrical pulse to stimulate the heart.
This device is used as a substitute for
the heart’s intrinsic pacing system to
correct both intermittent and
continuous cardiac rhythm disorders.
This device may include triggered,
inhibited, and asynchronous modes and
is implanted in the human body.
*
*
*
*
*
(c) Date PMA or notice of completion
of PDP is required. A PMA or notice of
completion of a PDP is required to be
filed with the Food and Drug
Administration on or before [A DATE
WILL BE ADDED 90 DAYS AFTER
DATE OF PUBLICATION OF A
FUTURE FINAL RULE IN THE
FEDERAL REGISTER], for any
implantable pacemaker pulse generator
that was in commercial distribution
before May 28, 1976, or that has, on or
before [A DATE WILL BE ADDED 90
DAYS AFTER DATE OF PUBLICATION
OF A FUTURE FINAL RULE IN THE
FEDERAL REGISTER], been found to be
substantially equivalent to any
implantable pacemaker pulse generator
that was in commercial distribution
before May 28, 1976. Any other
implantable pacemaker pulse generator
shall have an approved PMA or
declared completed PDP in effect before
being placed in commercial
distribution.
17:01 Jul 26, 2011
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2011–0629]
RIN 1625–AA08
1. The authority citation for 21 CFR
Part 870 continues to read as follows:
VerDate Mar<15>2010
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.
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:
Medical devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, it is proposed that
21 CFR Part 870 be amended as follows:
§ 870.3610
generator.
44877
Special Local Regulations for Marine
Events; Temporary Change of Dates
for Recurring Marine Events in the
Fifth Coast Guard District, Wrightsville
Channel; Wrightsville Beach, NC
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
temporarily change the enforcement
period of one special local regulation for
a recurring marine event in the Fifth
Coast Guard District. The ‘‘Wilmington
YMCA Triathlon,’’ conducted on the
waters of Wrightsville Channel near
Wrightsville Beach, North Carolina
normally would take place on
September 24, 2011; this year, the
sponsor would like to have the event on
September 17, 2011. This Special Local
Regulation is necessary to provide for
the safety of life on navigable waters
during the event, which has been
rescheduled from the last Saturday in
September to the second-to-last
Saturday in September. This action is
intended to restrict vessel traffic on
Wrightsville Channel during the
swimming portion of this event.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 26, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0629 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://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.
SUMMARY:
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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 https://
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–2011–0629),
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 https://
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 https://
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
https://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–2011–0629’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
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Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Proposed Rules
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
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2011–
0629’’ 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).
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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
The YMCA sponsors an annual
Triathlon, ‘‘Wilmington YMCA
Triathlon’’, in the Wrightsville Beach
area of North Carolina. The Triathlon
consists of three events: a running
portion, a bike-riding portion, and a
swimming portion. The swimming
portion of the Triathlon takes place in
the waters adjacent to Wrightsville
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17:01 Jul 26, 2011
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Beach. A special local regulation is
effective annually to create a safety zone
for the swimming portion of the
Triathlon.
The regulation listing annual marine
events within the Fifth Coast Guard
District and their regulated dates is 33
CFR 100.501. A Table to § 100.501
identifies marine events by Captain of
the Port zone. This particular marine
event is listed at line No. 57.
While, according to the regulation at
line No. 57, the Triathlon should take
place this year on September 24, 2011,
this year the event will take place
instead on September 17, 2011.
The swim portion of the Triathlon,
scheduled to take place on Saturday
September 17, 2011, will consist of two
groups of 750 swimmers entering Banks
Channel at the Blockade Runner Hotel
and swimming northwest along Motts
Channel to Seapath Marine. 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. The
regulation at 33 CFR 100.501 would be
enforced from 7 a.m. to 9 a.m. on
September 17, 2011; vessels may not
enter the regulated area unless they
receive permission from the Coast
Guard Patrol Commander.
Discussion of Proposed Rule
The Coast Guard is proposing to
temporarily suspend the regulation
listed at line No. 57 in Table to
§ 100.501 and will insert this new
temporary regulation at Table to
§ 100.501 line No. 63, in order to reflect
the change in the date for this event this
year. This change is needed to
accommodate the change in date of the
annual Triathlon. No other portion of
the Table to § 100.501 or other
provisions in § 100.501 shall be affected
by this regulation.
This safety zone will restrict vessel
movement on the specified waters of
Wrightsville Channel, Wrightsville
Beach, NC. The regulated area will be
established in the interest of participant
safety during the swim portion of the
‘‘Wilmington YMCA Triathlon’’ and
will be enforced from 7 a.m. to 9 a.m.
on September 17, 2011. The Coast
Guard, at its discretion, when practical
will allow the passage of vessels. 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.
Any vessel transiting the regulated
area must do so at a no-wake speed
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during the effective period. Nothing in
this proposed rule negates the
requirement to operate at a safe speed as
provided in the Navigational Rules and
Regulations.
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 proposed 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, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of
Executive Order 12866 or under section
1 of Executive Order 13563. The Office
of Management and Budget has not
reviewed it under those Orders.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. Although this regulation
prevents traffic from transiting waters of
Wrightsville 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 and local
area newspapers so mariners can adjust
their plans accordingly. Additionally,
this rulemaking does not change the
permanent regulated areas that have
been published in 33 CFR 100.501,
Table to § 100.501. Vessel traffic will be
able to transit the regulated area before
and after the races, when the Coast
Guard Patrol Commander deems it is
safe to do so. 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
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Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Proposed Rules
entities. This rule will affect the
following entities, some of which may
be small entities: The owners of
operators of vessels intending to transit
Wrightsville Channel from 7 a.m. to 9
a.m. on September 17, 2011.
This rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. The regulation will
be enforced for only two hours.
Although the regulated area will apply
to Motts, Banks and Wrightsville
Channels, 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.
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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 BOSN3
Joseph Edge, Prevention Department,
Sector North Carolina, 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,
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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
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
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44879
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
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Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Proposed Rules
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:
2. In § 100.501, suspend line No. 57
and add line No. 59 in the Table to read
as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
§ 100.501 Special Local Regulations;
Recurring Marine Event in the Fifth Coast
Guard District.
1. The authority citation for part 100
continues to read as follows:
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.
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*
Authority: 33 U.S.C 1233.
COAST GUARD SECTOR NORTH CAROLINA—COTP ZONE
Number
Date
*
59. ........
*
*
Event
*
September 17, 2011
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Wilmington YMCA Triathlon
*
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0318]
RIN 1625–AA87
Security Zone; Escorted Vessels in
Captain of the Port Ohio Valley Zone
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
implement fixed and moving security
zones around High Capacity Passenger
Vessels (HCPVs) and vessels carrying
Certain Dangerous Cargo (CDC) while
they are being escorted in the navigable
waters of the Captain of the Port
(COTP), Sector Ohio Valley Zone. As
used in this section, HCPVs are defined
as any commercial vessel carrying 500
or more passengers and CDC is defined
in 33 CFR 160.204. The proposed
security zones would control the
movement of vessels within 50 yards of
a HCPV or vessel carrying a CDC. These
security zones would mitigate potential
terrorist acts and would enhance public
and maritime safety and security.
SUMMARY:
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*
*
*
The waters of, and adjacent to, Wrightsville Channel
from Wrightsville Channel Day beacon 14 (LLNR
28040), located at 34°12′18″ N, longitude 077°48′10″
W, to Wrightsville Channel Day beacon 25 (LLNR
28080), located at 34°12′51″ N, longitude 77°48′53″
W.
Jkt 223001
You may submit comments
identified by docket number USCG–
2011–0318 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://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:
BILLING CODE 9110–04–P
17:01 Jul 26, 2011
*
Wilmington YMCA
Comments and related material
must be received by the Coast Guard on
or before August 26, 2011.
[FR Doc. 2011–19020 Filed 7–26–11; 8:45 am]
VerDate Mar<15>2010
Location
DATES:
Dated: July 18, 2011.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
ACTION:
Sponsor
If
you have questions on this proposed
rule, call or e-mail LCDR Derek Schade,
Sector Ohio Valley Response
Department, Coast Guard; telephone
502–779–5413, e-mail
derek.t.schade@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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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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 https://
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–2011–0318),
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 https://
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 https://
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
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
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]]>Agencies
[Federal Register Volume 76, Number 144 (Wednesday, July 27, 2011)]
[Proposed Rules]
[Pages 44877-44880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19020]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0629]
RIN 1625-AA08
Special Local Regulations for Marine Events; Temporary Change of
Dates for Recurring Marine Events in the Fifth Coast Guard District,
Wrightsville Channel; Wrightsville Beach, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily change the enforcement
period of one special local regulation for a recurring marine event in
the Fifth Coast Guard District. The ``Wilmington YMCA Triathlon,''
conducted on the waters of Wrightsville Channel near Wrightsville
Beach, North Carolina normally would take place on September 24, 2011;
this year, the sponsor would like to have the event on September 17,
2011. This Special Local Regulation is necessary to provide for the
safety of life on navigable waters during the event, which has been
rescheduled from the last Saturday in September to the second-to-last
Saturday in September. This action is intended to restrict vessel
traffic on Wrightsville Channel during the swimming portion of this
event.
DATES: Comments and related material must be received by the Coast
Guard on or before August 26, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0629 using any one of the following methods:
(1) Federal eRulemaking Portal: https://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 https://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-2011-0629), 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 https://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 https://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 https://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-2011-0629'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column.
[[Page 44878]]
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 https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0629'' 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
The YMCA sponsors an annual Triathlon, ``Wilmington YMCA
Triathlon'', in the Wrightsville Beach area of North Carolina. The
Triathlon consists of three events: a running portion, a bike-riding
portion, and a swimming portion. The swimming portion of the Triathlon
takes place in the waters adjacent to Wrightsville Beach. A special
local regulation is effective annually to create a safety zone for the
swimming portion of the Triathlon.
The regulation listing annual marine events within the Fifth Coast
Guard District and their regulated dates is 33 CFR 100.501. A Table to
Sec. 100.501 identifies marine events by Captain of the Port zone.
This particular marine event is listed at line No. 57.
While, according to the regulation at line No. 57, the Triathlon
should take place this year on September 24, 2011, this year the event
will take place instead on September 17, 2011.
The swim portion of the Triathlon, scheduled to take place on
Saturday September 17, 2011, will consist of two groups of 750 swimmers
entering Banks Channel at the Blockade Runner Hotel and swimming
northwest along Motts Channel to Seapath Marine. 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. The regulation at 33 CFR
100.501 would be enforced from 7 a.m. to 9 a.m. on September 17, 2011;
vessels may not enter the regulated area unless they receive permission
from the Coast Guard Patrol Commander.
Discussion of Proposed Rule
The Coast Guard is proposing to temporarily suspend the regulation
listed at line No. 57 in Table to Sec. 100.501 and will insert this
new temporary regulation at Table to Sec. 100.501 line No. 63, in
order to reflect the change in the date for this event this year. This
change is needed to accommodate the change in date of the annual
Triathlon. No other portion of the Table to Sec. 100.501 or other
provisions in Sec. 100.501 shall be affected by this regulation.
This safety zone will restrict vessel movement on the specified
waters of Wrightsville Channel, Wrightsville Beach, NC. The regulated
area will be established in the interest of participant safety during
the swim portion of the ``Wilmington YMCA Triathlon'' and will be
enforced from 7 a.m. to 9 a.m. on September 17, 2011. The Coast Guard,
at its discretion, when practical will allow the passage of vessels.
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.
Any vessel transiting the regulated area must do so at a no-wake
speed during the effective period. Nothing in this proposed rule
negates the requirement to operate at a safe speed as provided in the
Navigational Rules and Regulations.
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 proposed 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, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
Executive Order 12866 or under section 1 of Executive Order 13563. The
Office of Management and Budget has not reviewed it under those Orders.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
regulation prevents traffic from transiting waters of Wrightsville
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 and local area newspapers so
mariners can adjust their plans accordingly. Additionally, this
rulemaking does not change the permanent regulated areas that have been
published in 33 CFR 100.501, Table to Sec. 100.501. Vessel traffic
will be able to transit the regulated area before and after the races,
when the Coast Guard Patrol Commander deems it is safe to do so. 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
[[Page 44879]]
entities. This rule will affect the following entities, some of which
may be small entities: The owners of operators of vessels intending to
transit Wrightsville Channel from 7 a.m. to 9 a.m. on September 17,
2011.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. The
regulation will be enforced for only two hours. Although the regulated
area will apply to Motts, Banks and Wrightsville Channels, 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 BOSN3 Joseph Edge, Prevention
Department, Sector North Carolina, 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 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
[[Page 44880]]
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. In Sec. 100.501, suspend line No. 57 and add line No. 59 in the
Table to read as follows:
Sec. 100.501 Special Local Regulations; Recurring Marine Event in the
Fifth Coast Guard District.
* * * * *
Coast Guard Sector North Carolina--COTP Zone
----------------------------------------------------------------------------------------------------------------
Number Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
59............. September 17, 2011.. Wilmington YMCA Wilmington YMCA..... The waters of, and adjacent
Triathlon. to, Wrightsville Channel
from Wrightsville Channel
Day beacon 14 (LLNR 28040),
located at 34[deg]12'18'' N,
longitude 077[deg]48'10'' W,
to Wrightsville Channel Day
beacon 25 (LLNR 28080),
located at 34[deg]12'51'' N,
longitude 77[deg]48'53'' W.
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: July 18, 2011.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2011-19020 Filed 7-26-11; 8:45 am]
BILLING CODE 9110-04-P
