Special Local Regulations for Marine Events, Swim Event; Lake Gaston, Littleton, NC, 34215-34217 [2012-14127]
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Federal Register / Vol. 77, No. 112 / Monday, June 11, 2012 / Rules and Regulations
between 9 a.m. and 4 p.m., Monday
through Friday.
List of Subjects in 21 CFR Part 179
IX. Section 301(ll) of the Federal Food,
Drug, and Cosmetic Act
FDA’s review of this petition was
limited to section 409 of the FD&C Act.
This final rule is not a statement
regarding compliance with other
sections of the FD&C Act. For example,
the Food and Drug Administration
Amendments Act of 2007, which was
signed into law on September 27, 2007,
amended the FD&C Act to, among other
things, add section 301(ll) of the FD&C
Act (21 U.S.C. 331(ll)). Section 301(ll) of
the FD&C Act prohibits the introduction
or delivery for introduction into
interstate commerce of any food that
contains a drug approved under section
505 of the FD&C Act (21 U.S.C. 355), a
biological product licensed under
section 351 of the Public Health Service
Act (42 U.S.C. 262), or a drug or
biological product for which substantial
clinical investigations have been
instituted and their existence has been
made public, unless one of the
exceptions in section 301(ll)(1) to (ll)(4)
of the FD&C Act applies. In its review
of this petition, FDA did not consider
whether section 301(ll) of the FD&C Act
or any of its exemptions apply to the
laser-etching source. Accordingly, this
final rule should not be construed to be
a statement that a food that has been
laser etched, if introduced or delivered
for introduction into interstate
commerce, would not violate section
301(ll) of the FD&C Act. Furthermore,
this language is included in all food
additive final rules and therefore should
not be construed to be a statement of the
likelihood that section 301(ll) of the
FD&C Act applies.
mstockstill on DSK4VPTVN1PROD with RULES
X. References
The following references have been
placed on display in the Division of
Dockets Management (see
ADDRESSES) and may be seen by
interested persons between 9 a.m.
and 4 p.m., Monday through Friday.
1. Memorandum from Lee, Chemistry Review
Group, Division of Petition Review, to
Johnston, Regulatory Group II, Division
of Petition Review, May 16, 2007.
2. Memorandum from Lee, Chemistry Review
Group, Division of Petition Review, to
Johnston, Regulatory Group II, Division
of Petition Review, November 19, 2008.
3. Memorandum from Khan, Toxicology
Team, Division of Petition Review, to
Johnston, Regulatory Group II, Division
of Petition Review, April 20, 2010.
4. Memorandum from Losikoff, Division of
Seafood Safety, and Mahovic, Produce
Safety Staff, to Johnston, Regulatory
Group II, Division of Petition Review,
August 15, 2011.
VerDate Mar<15>2010
17:40 Jun 08, 2012
Jkt 226001
Food additives, Food labeling, Food
packaging, Radiation protection,
Reporting and recordkeeping
requirements, Signs and symbols.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 179 is
amended as follows:
PART 179—IRRADIATION IN THE
PRODUCTION, PROCESSING AND
HANDLING OF FOOD
1. The authority citation for 21 CFR
part 179 continues to read as follows:
Authority: 21 U.S.C. 321, 342, 343, 348,
373, 374.
2. Section 179.43 is added to subpart
B to read as follows:
■
§ 179.43
food.
Carbon dioxide laser for etching
Carbon dioxide laser light may be
safely used for etching information on
the surface of food under the following
conditions:
(a) The radiation source consists of a
carbon dioxide laser designed to emit
pulsed infrared radiation with a
wavelength of 10.6 micrometers such
that the maximum energy output of the
laser does not exceed 9.8 × 10¥3 joules
per square centimeter (J/cm2);
(b) The carbon dioxide laser shall be
used only for etching information on the
skin of fresh, intact citrus fruit,
providing the fruit has been adequately
washed and waxed prior to laser
etching, and the etched area is
immediately rewaxed after treatment;
and
(c) The maximum total energy to
which the etched citrus fruit is exposed
from the use of the carbon dioxide laser
shall not exceed 1.5 × 10¥3 J, and the
maximum total etched surface area of
the citrus fruit shall not exceed 0.122
cm2.
Dated: June 5, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012–14035 Filed 6–8–12; 8:45 am]
BILLING CODE 4160–01–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0197]
RIN 1625–AA08
Special Local Regulations for Marine
Events, Swim Event; Lake Gaston,
Littleton, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard will
establish a Special Local Regulation for
‘‘The Crossing’’ swim event to be held
on the waters of Lake Gaston, adjacent
to the Eaton Ferry Bridge in Littleton,
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 west of the
bridge during the swim event.
DATES: This rule is effective from 7:30
a.m. to Noon on August 11, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0197]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email BOSN3 Joseph M. Edge, U.S.
Coast Guard Sector North Carolina;
telephone 252–247–4525, email
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:
SUMMARY:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The regulatory history for this action
includes both a Notice of proposed
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Fmt 4700
Sfmt 4700
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34216
Federal Register / Vol. 77, No. 112 / Monday, June 11, 2012 / Rules and Regulations
rulemaking and Temporary final rule
published in the Federal Register on
May 24, 2011 and July 7, 2011
respectively. On April 3, 2012, we
published a notice of proposed
rulemaking (NPRM) entitled ‘‘Special
local regulations for marine events,
Swim Event, Lake Gaston; Littleton,
NC’’ in the Federal Register (77 FR
19954). We received no comments on
the proposed rule. No public meeting
was requested, and none was held.
B. Basis and Purpose
On August 11, 2012 from 7:30 a.m. to
Noon, 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
Littleton, North Carolina. The swim
event will consist of approximately 350
swimmers entering Lake Gaston at the
Morning Star Marina on the south bank
of Lake Gaston, west of the Eaton Ferry
Bridge, and swimming north along the
western side of Eaton Ferry Bridge to
the Waterview Restaurant. A fleet of
spectator vessels is expected to gather
near the event site to view the
competition. To provide for the safety of
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 the event on August 11, 2012
from 7:30 a.m. to Noon. The Coast
Guard will temporarily restrict access to
this section of Lake Gaston during the
event.
mstockstill on DSK4VPTVN1PROD with RULES
C. Discussion of Comments, Changes
and the Final Rule
The Coast Guard did not receive
comments in response to the notice of
proposed rulemaking (NPRM) published
in the Federal Register. Accordingly,
the Coast Guard is establishing special
local regulations on the specified
navigable waters listed in this
regulation.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
1. 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
VerDate Mar<15>2010
17:40 Jun 08, 2012
Jkt 226001
Regulation and Regulatory Review, 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.
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 7:30 a.m. to 12 p.m.
(Noon), on August 11, 2012. The Coast
Guard will provide advance notification
via maritime advisories so mariners can
adjust their plans accordingly. The
regulated area will apply only to the
section of Lake Gaston in the immediate
vicinity of Eaton Ferry Bridge. Coast
Guard vessels enforcing this regulated
area can be contacted on marine band
radio VHF–FM channel 16 (156.8 MHz).
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The Coast
Guard received no comments from the
Small Business Administration on this
rule. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
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 7:30 a.m. to Noon on August 11,
2012.
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 four and one-half hours
from 7:30 a.m. to Noon. The regulated
area applies only to the section of Lake
Gaston in the vicinity of Eaton Ferry
Bridge. Vessel 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.
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Fmt 4700
Sfmt 4700
3. 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 rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. 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
E:\FR\FM\11JNR1.SGM
11JNR1
Federal Register / Vol. 77, No. 112 / Monday, June 11, 2012 / Rules and Regulations
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will 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.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
mstockstill on DSK4VPTVN1PROD with RULES
14. Environment
We have analyzed this 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 determined that this action is one
17:40 Jun 08, 2012
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U. S. C. 1233.
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
VerDate Mar<15>2010
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This 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 rule.
This rule is categorically excluded from
further review under paragraph 34(h) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
Jkt 226001
2. Add a temporary § 100.35–T05–
0197 to read as follows:
■
§ 100.35–T05–0197
Enterprise, NC.
Lake Gaston,
(a) Regulated area. The following
location is a regulated area: All waters
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 western side of the
bridge at Littleton, 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
PO 00000
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Fmt 4700
Sfmt 9990
34217
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 will
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 7:30 a.m. to
(Noon) 12 p.m. on August 11, 2012.
Dated: May 30, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2012–14127 Filed 6–8–12; 8:45 am]
BILLING CODE 9110–04–P
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11JNR1
Agencies
[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Rules and Regulations]
[Pages 34215-34217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14127]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0197]
RIN 1625-AA08
Special Local Regulations for Marine Events, Swim Event; Lake
Gaston, Littleton, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will establish a Special Local Regulation for
``The Crossing'' swim event to be held on the waters of Lake Gaston,
adjacent to the Eaton Ferry Bridge in Littleton, 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 west of the bridge during the swim event.
DATES: This rule is effective from 7:30 a.m. to Noon on August 11,
2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0197]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email BOSN3 Joseph M. Edge, U.S. Coast Guard Sector North
Carolina; telephone 252-247-4525, email 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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The regulatory history for this action includes both a Notice of
proposed
[[Page 34216]]
rulemaking and Temporary final rule published in the Federal Register
on May 24, 2011 and July 7, 2011 respectively. On April 3, 2012, we
published a notice of proposed rulemaking (NPRM) entitled ``Special
local regulations for marine events, Swim Event, Lake Gaston;
Littleton, NC'' in the Federal Register (77 FR 19954). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
B. Basis and Purpose
On August 11, 2012 from 7:30 a.m. to Noon, 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 Littleton, North Carolina. The swim event will
consist of approximately 350 swimmers entering Lake Gaston at the
Morning Star Marina on the south bank of Lake Gaston, west of the Eaton
Ferry Bridge, and swimming north along the western side of Eaton Ferry
Bridge to the Waterview Restaurant. A fleet of spectator vessels is
expected to gather near the event site to view the competition. To
provide for the safety of 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 the event
on August 11, 2012 from 7:30 a.m. to Noon. The Coast Guard will
temporarily restrict access to this section of Lake Gaston during the
event.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard did not receive comments in response to the notice
of proposed rulemaking (NPRM) published in the Federal Register.
Accordingly, the Coast Guard is establishing special local regulations
on the specified navigable waters listed in this regulation.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
1. 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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under 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 7:30 a.m. to 12 p.m. (Noon),
on August 11, 2012. The Coast Guard will provide advance notification
via maritime advisories so mariners can adjust their plans accordingly.
The regulated area will apply only to the section of Lake Gaston in the
immediate vicinity of Eaton Ferry Bridge. Coast Guard vessels enforcing
this regulated area can be contacted on marine band radio VHF-FM
channel 16 (156.8 MHz).
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. 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
7:30 a.m. to Noon on August 11, 2012.
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 four and one-half hours from 7:30 a.m.
to Noon. The regulated area applies only to the section of Lake Gaston
in the vicinity of Eaton Ferry Bridge. Vessel 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.
3. 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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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
[[Page 34217]]
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 rule will not result in such an expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
8. Taking of Private Property
This rule will 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.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This 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 rule.
This rule is categorically excluded from further review under paragraph
34(h) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U. S. C. 1233.
0
2. Add a temporary Sec. 100.35-T05-0197 to read as follows:
Sec. 100.35-T05-0197 Lake Gaston, Enterprise, NC.
(a) Regulated area. The following location is a regulated area: All
waters 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 western side of the bridge at Littleton, 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
will 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 7:30
a.m. to (Noon) 12 p.m. on August 11, 2012.
Dated: May 30, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2012-14127 Filed 6-8-12; 8:45 am]
BILLING CODE 9110-04-P