Special Local Regulations; Marine Events, Wrightsville Channel; Wrightsville Beach, NC, 19155-19158 [2013-07282]
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[FR Doc. C1–2013–02141 Filed 3–28–13; 8:45 am]
BILLING CODE 1505–01–D
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[FR Doc. 2013–07114 Filed 3–28–13; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF THE TREASURY
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[REG–148500–12]
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RIN 1545–BL36
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Correction
In proposed rule document 2013–
2141 appearing on pages 7314–7331 in
the issue of Monday, February 1, 2013,
make the following correction:
VerDate Mar<15>2010
15:15 Mar 28, 2013
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DEPARTMENT OF HOMELAND
SECURITY
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
33 CFR Part 100
[Docket No. USCG–2013–0118]
RIN 1625–AA08
Special Local Regulations; Marine
Events, Wrightsville Channel;
Wrightsville Beach, NC
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
SUMMARY: The Coast Guard is proposing
to establish a Special Local Regulation
for the ‘‘Swim the Loop/Motts Channel
Sprint’’ swim event, to be held on the
waters adjacent to and surrounding
Harbor Island in Wrightsville Beach,
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 the
Atlantic Intracoastal Waterway within
550 yards north and south of the U.S.
74/76 Bascule Bridge crossing the
Atlantic Intracoastal Waterway, mile
283.1, at Wrightsville Beach, North
Carolina, during the swim event.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 29, 2013.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
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email BOSN4 Joseph M. Edge, Coast
Guard Sector North Carolina, Coast
Guard; telephone 252–247–4525, email
Joseph.M.Edge@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hariston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
Coast Guard
ACTION:
19155
Fmt 4702
Sfmt 4702
A. 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.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, 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 at 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, 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 email 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, type the
docket number [USCG–2013–0118] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
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
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Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Proposed Rules
during the comment period and may
change the rule based on your
comments.
2. 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, type the
docket number (USCG–2013–0118) 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.
3. 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).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the 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.
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B. Regulatory History and Information
For a similar event last year, we
published a Notice of Proposed
Rulemaking (NPRM) on June 13, 2012,
entitled, ‘‘Special Local Regulations for
Marine Events, Wrightsville Channel;
Wrightsville Beach, NC’’ in the Federal
Register (77 FR 35321). We received no
comments on that proposed rule. No
public meeting was requested, and none
was held.
C. Basis and Purpose
On October 6, 2013, from 8:45 a.m.
until 11:45 a.m., Without Limits
Coaching will sponsor ‘‘Swim the Loop’’
and the ‘‘Motts Channel Sprint’’ on the
waters adjacent to and surrounding
Harbor Island in Wrightsville Beach,
North Carolina. The swim event will
consist of up to 150 swimmers per event
swimming a 1.3 mile course or a 3.5
mile course around Harbor Island in
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Wrightsville Beach, North Carolina.
Participants will enter the Atlantic
Intracoastal Waterway at the Dockside
Marina on the west bank of the Atlantic
Intracoastal Waterway south of the U.S.
74/76 Bascule Bridge at Wrightsville
Beach, North Carolina, and swim north
and clockwise around Harbor Island
returning to the Dockside Marina. 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.
D. Discussion of Proposed Rule
The Coast Guard is proposing to
establish a safety zone on the navigable
waters of the Atlantic Intracoastal
Waterway 550 yards north and south of
the U.S. 74/76 Bascule Bridge, mile
283.1, latitude 34°13′06″ North,
longitude 077°48′44″ West, at
Wrightsville Beach, North Carolina.
To provide for the safety of
participants, spectators and other
transiting vessels, the Coast Guard will
temporarily restrict vessel traffic in the
channel during this event. Specifically,
the channel in the vicinity of the U.S.
74/76 Bascule Bridge at Wrightsville
Beach, North Carolina, will remain
closed during the event on October 6,
2013, from 8 a.m. until 12 p.m. During
the event, general navigation within the
safety zone will be restricted, no person
or vessel may enter or remain in the
regulated area, with the exception of
participants and vessels authorized by
the Coast Guard Captain of the Port or
his representative.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. 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, 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 8 a.m. until 12 p.m.,
on October 6, 2013. The Coast Guard
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will provide advance notification via
maritime advisories so mariners can
adjust their plans accordingly. The
regulated area will apply only to the
section of Atlantic Intracoastal
Waterway in the immediate vicinity of
U.S. 74/76 Bascule Bridge at
Wrightsville Beach, North Carolina.
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
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities.
This proposed 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 Atlantic Intracoastal Waterway from
8 a.m. to 12 p.m. on October 6, 2013.
This proposed rule will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This proposed
rule will only be in effect for four hours
from 8 a.m. until 12 p.m. The regulated
area applies only to the section of
Atlantic Intracoastal Waterway in the
vicinity of the U.S. 74/76 Bascule Bridge
at Wrightsville Beach, North Carolina.
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.
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.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
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Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed 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. 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.
4. Collection of Information
This proposed 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 proposed rule under that
Order and determined that this rule
does not have implications for
federalism.
6. Protest Activities
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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
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.
8. 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
15:15 Mar 28, 2013
9. 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.
10. Protection of Children from
Environmental Health Risks
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.
11. 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.
12. Energy Effects
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
VerDate Mar<15>2010
Constitutionally Protected Property
Rights.
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13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. 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
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 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
Frm 00010
Fmt 4702
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. This rule is
categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of the Commandant Instruction. A
preliminary 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 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 § 100.35–T05–0118 to read as
follows:
■
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
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§ 100.35–T05–0118 Special Local
Regulations For Marine Events, Wrightsville
Channel; Wrightsville Beach, NC
(a) Regulated area. The following
location is a regulated area: All waters
of the Atlantic Intracoastal Waterway
within 550 yards north and south of the
U.S. 74/76 Bascule Bridge, mile 283.1,
latitude 34°13′06″ North, longitude
077°48′44″ West, at Wrightsville Beach,
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.
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(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 8 a.m. to 12 p.m.
on October 6, 2013.
Dated: March 13, 2013.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2013–07282 Filed 3–28–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
33 CFR Part 165
A. Public Participation and Request for
Comments
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[Docket No. USCG–2013–0140]
RIN 1625–AA00
Safety Zone; USA Triathlon, Milwaukee
Harbor, Milwaukee, WI
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Coast Guard proposes to
establish a safety zone within
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15:15 Mar 28, 2013
If
you have questions on this proposed
rule, call or email Petty Officer Joseph
McCollum, U.S. Coast Guard Sector
Lake Michigan; telephone 414–747–
7148, email
Joseph.P.McCollum@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Table of Acronyms
Coast Guard
ACTION:
Milwaukee Harbor, Milwaukee,
Wisconsin. This Zone is intended to
restrict vessels from a portion of
Milwaukee Harbor due to the 2013 and
2014 Olympic and Sprint Distance
National Championships. This proposed
safety zone is necessary to protect the
surrounding public and vessels from the
hazards associated with the 2013 and
2014 Olympic and Sprint Distance
National Championships.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 29, 2013.
ADDRESSES: You may submit comments
identified by docket number USCG–
2013–0140 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.
Jkt 229001
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.
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1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2013–0140),
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
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 email 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, type the
docket number [USCG–2013–0140] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on the ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
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.
2. 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, type the
docket number (USCG–2013–0140) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder 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. We have an
agreement with the Department of
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]]>Agencies
[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Proposed Rules]
[Pages 19155-19158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07282]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0118]
RIN 1625-AA08
Special Local Regulations; Marine Events, Wrightsville Channel;
Wrightsville Beach, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a Special Local
Regulation for the ``Swim the Loop/Motts Channel Sprint'' swim event,
to be held on the waters adjacent to and surrounding Harbor Island in
Wrightsville Beach, 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 the
Atlantic Intracoastal Waterway within 550 yards north and south of the
U.S. 74/76 Bascule Bridge crossing the Atlantic Intracoastal Waterway,
mile 283.1, at Wrightsville Beach, North Carolina, during the swim
event.
DATES: Comments and related material must be received by the Coast
Guard on or before April 29, 2013.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email BOSN4 Joseph M. Edge, Coast Guard Sector North Carolina,
Coast Guard; telephone 252-247-4525, email Joseph.M.Edge@uscg.mil. If
you have questions on viewing or submitting material to the docket,
call Barbara Hariston, 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. 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.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, 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 at
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, 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 email 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,
type the docket number [USCG-2013-0118] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
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
[[Page 19156]]
during the comment period and may change the rule based on your
comments.
2. 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,
type the docket number (USCG-2013-0118) 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.
3. 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).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the 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.
B. Regulatory History and Information
For a similar event last year, we published a Notice of Proposed
Rulemaking (NPRM) on June 13, 2012, entitled, ``Special Local
Regulations for Marine Events, Wrightsville Channel; Wrightsville
Beach, NC'' in the Federal Register (77 FR 35321). We received no
comments on that proposed rule. No public meeting was requested, and
none was held.
C. Basis and Purpose
On October 6, 2013, from 8:45 a.m. until 11:45 a.m., Without Limits
Coaching will sponsor ``Swim the Loop'' and the ``Motts Channel
Sprint'' on the waters adjacent to and surrounding Harbor Island in
Wrightsville Beach, North Carolina. The swim event will consist of up
to 150 swimmers per event swimming a 1.3 mile course or a 3.5 mile
course around Harbor Island in Wrightsville Beach, North Carolina.
Participants will enter the Atlantic Intracoastal Waterway at the
Dockside Marina on the west bank of the Atlantic Intracoastal Waterway
south of the U.S. 74/76 Bascule Bridge at Wrightsville Beach, North
Carolina, and swim north and clockwise around Harbor Island returning
to the Dockside Marina. 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.
D. Discussion of Proposed Rule
The Coast Guard is proposing to establish a safety zone on the
navigable waters of the Atlantic Intracoastal Waterway 550 yards north
and south of the U.S. 74/76 Bascule Bridge, mile 283.1, latitude
34[deg]13'06'' North, longitude 077[deg]48'44'' West, at Wrightsville
Beach, North Carolina.
To provide for the safety of participants, spectators and other
transiting vessels, the Coast Guard will temporarily restrict vessel
traffic in the channel during this event. Specifically, the channel in
the vicinity of the U.S. 74/76 Bascule Bridge at Wrightsville Beach,
North Carolina, will remain closed during the event on October 6, 2013,
from 8 a.m. until 12 p.m. During the event, general navigation within
the safety zone will be restricted, no person or vessel may enter or
remain in the regulated area, with the exception of participants and
vessels authorized by the Coast Guard Captain of the Port or his
representative.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. 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, 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 8 a.m. until 12 p.m., on October 6, 2013. 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 Atlantic Intracoastal Waterway in the immediate
vicinity of U.S. 74/76 Bascule Bridge at Wrightsville Beach, North
Carolina. 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
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
This proposed 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 Atlantic
Intracoastal Waterway from 8 a.m. to 12 p.m. on October 6, 2013.
This proposed rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
proposed rule will only be in effect for four hours from 8 a.m. until
12 p.m. The regulated area applies only to the section of Atlantic
Intracoastal Waterway in the vicinity of the U.S. 74/76 Bascule Bridge
at Wrightsville Beach, North Carolina. 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.
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.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
[[Page 19157]]
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed 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. 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.
4. Collection of Information
This proposed 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 proposed 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
INFORMATION 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 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.
8. 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.
9. 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.
10. Protection of Children from Environmental Health Risks
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.
11. 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.
12. Energy Effects
This proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. 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 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 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. This rule is
categorically excluded from further review under paragraph 34(h) of
Figure 2-1 of the Commandant Instruction. A preliminary 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 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
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.35-T05-0118 to read as follows:
Sec. 100.35-T05-0118 Special Local Regulations For Marine Events,
Wrightsville Channel; Wrightsville Beach, NC
(a) Regulated area. The following location is a regulated area: All
waters of the Atlantic Intracoastal Waterway within 550 yards north and
south of the U.S. 74/76 Bascule Bridge, mile 283.1, latitude
34[deg]13'06'' North, longitude 077[deg]48'44'' West, at Wrightsville
Beach, 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.
[[Page 19158]]
(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 8 a.m.
to 12 p.m. on October 6, 2013.
Dated: March 13, 2013.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2013-07282 Filed 3-28-13; 8:45 am]
BILLING CODE 9110-04-P
