Special Local Regulations; Marine Events, Wrightsville Channel; Wrightsville Beach, NC, 34881-34884 [2013-13756]
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34881
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations
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 the
establishment of a special local
regulation within 33 CFR Part 100. It is
necessary to provide for the safety of the
general public and event participants
from potential hazards associated with
the 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. 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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233
2. At § 100.501, further amend the
Table to § 100.501, as revised May 21,
2013 (78 FR 29632), as follows:
■ a. Under ‘‘(a) Coast Guard Sector
Delaware Bay—COTP Zone,’’ suspend
entry 4.
■ b. Under, ‘‘(a) Coast Guard Sector
Delaware Bay—COTP Zone,’’ add
temporary entry 16 to read as follows:
■
§ 100.501 Special Local Regulations;
Marine Events in the Fifth Coast Guard
District.
*
*
*
*
*
(a.) COAST GUARD SECTOR DELAWARE BAY—COTP ZONE
No.
Date
*
16 .................
*
June—4th Sunday. ........
*
Event
*
*
OPA Atlantic City Offshore Race.
[FR Doc. 2013–13849 Filed 6–10–13; 8:45 am]
BILLING CODE 9110–04–P
*
Coast Guard
33 CFR Part 100
[Docket No. USCG–2013–0118]
RIN 1625–AA08
Special Local Regulations; Marine
Events, Wrightsville Channel;
Wrightsville Beach, NC
VerDate Mar<15>2010
15:08 Jun 10, 2013
Jkt 229001
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Coast Guard, DHS.
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*
*
The waters of the Atlantic Ocean, adjacent to
Atlantic City, New Jersey, bounded by a line
drawn between the following points: southeasterly from a point along the shoreline at
latitude 39°21′50″ N, longitude 074°24′37″
W, to latitude 39°20′40″ N, longitude
074°23′50″ W, thence southwesterly to latitude 39°19′33″ N, longitude 074°26′52″ W,
thence northwesterly to a point along the
shoreline at latitude 39°20′43″ N, longitude
074°27′40″ W, thence northeasterly along
the shoreline to latitude 39°21′50″ N, longitude 074°24′37″ W.
*
DEPARTMENT OF HOMELAND
SECURITY
AGENCY:
Location
*
*
Offshore Performance
Assn. (OPA).
*
Dated: May 3, 2013.
K. Moore,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
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Sponsor
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*
ACTION:
*
Temporary final rule.
SUMMARY: The Coast Guard is
establishing 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 will
restrict vessel traffic on the Atlantic
Intracoastal Waterway within 550 yards
north and south of the U.S. 74/76
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Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations
Bascule Bridge crossing the Atlantic
Intracoastal Waterway, mile 283.1, at
Wrightsville Beach, North Carolina,
during the swim event.
DATES: This rule is effective on October
6, 2013, from 8 a.m. to 12 p.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0118]. 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 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
Hairston, 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
On March 29, 2013, we published a
Notice of Proposed Rulemaking for this
event in the Federal Register (78 FR
19155). We received no comments on
the proposed rule. No public meeting
was requested, and none was held.
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B. Basis and Purpose
On October 6, 2013, from 8:45 a.m. to
11:45 a.m., Without Limits Coaching
will sponsor ‘‘Swim the Loop’’ and
‘‘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 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,
15:08 Jun 10, 2013
Jkt 229001
C. Discussion of the Final Rule
The Coast Guard is establishing 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
event area during this event.
Specifically, 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.
to 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.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
A. Regulatory History and Information
VerDate Mar<15>2010
spectators and other transiting vessels,
the Coast Guard will temporarily restrict
vessel traffic in the event area during
this event.
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 8 a.m. to 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
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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 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 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 Atlantic
Intracoastal Waterway from 8 a.m. to 12
p.m. on October 6, 2013.
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 hours from 8 a.m. to
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.
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.
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Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations
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).
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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 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
15:08 Jun 10, 2013
Jkt 229001
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
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.
VerDate Mar<15>2010
Interference with Constitutionally
Protected Property Rights.
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
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34883
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. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES.
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.
2. Add § 100.35–T05–0118 to read as
follows:
■
§ 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 participating
in the ‘‘Swim the Loop/Motts Channel
Sprint’’ 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
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Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations
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 VHFFM 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: May 2, 2013.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2013–13756 Filed 6–10–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2013–0102]
Table of Acronyms
RIN 1625–AA08
Special Local Regulations; ODBA
Draggin’ on the Waccamaw, Atlantic
Intracoastal Waterway; Bucksport, SC
Coast Guard, DHS.
Temporary final rule.
wreier-aviles on DSK5TPTVN1PROD with RULES
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a special local regulation on
the Atlantic Intracoastal Waterway in
Bucksport, South Carolina during the
Outboard Drag Boat Association (ODBA)
Draggin’ on the Waccamaw, a series of
high-speed boat races. The event will
VerDate Mar<15>2010
15:08 Jun 10, 2013
Jkt 229001
take place on Saturday, June 22, 2012
and Sunday, June 23, 2013.
Approximately 50 high-speed race boats
are anticipated to participate in the
races. This special local regulation is
necessary to provide for the safety of life
and property on navigable waters of the
United States during the event. This
special local regulation will temporarily
restrict vessel traffic in a portion of the
Atlantic Intracoastal Waterway. Persons
and vessels that are not participating in
the races will be prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area unless authorized by the Captain of
the Port Charleston or a designated
representative.
DATES: This rule is effective June 22–23,
2013 and will be enforced daily from
11:00 a.m. until 7:30 p.m. on June 22,
2013 and June 23, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0102. 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 Chief Warrant Officer Christopher
Ruleman, Sector Charleston Waterways
Management, U.S. Coast Guard;
telephone (843) 740–3184, email
christopher.l.ruleman@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On March 14, 2013, the Coast Guard
published a notice of proposed
rulemaking (NPRM) entitled Special
Local Regulations; ODBA Draggin’ on
the Waccamaw, Atlantic Intercoastal
Waterway, Bucksport, SC in the Federal
Register (78 FR 16205). We received no
comments on the proposed rule. No
public meeting was requested, and none
was held.
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Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. The Coast Guard did not
receive information from the event
sponsor early enough to both publish a
NPRM and allow 30 days after
publication before making this rule
effective. The Coast Guard chose to
notify the public and seek comment on
this rule by publishing a NPRM. This
final rule is necessary to protect the
public and race participants during the
regatta, and therefore, must be effective
by the start of the event on June 22,
2013.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
special local regulations: 33 U.S.C.
1233. The purpose of the rule is to
ensure safety of life and property on
navigable waters of the United States
during the ODBA Draggin’ on the
Waccamaw boat races.
C. Discussion of Rule
On Saturday, June 22, 2013, and
Sunday, June 23, 2013, the Outboard
Drag Boat Association (ODBA) will host
Draggin’ on the Waccamaw, a series of
high-speed boat races. The event will be
held on a portion of the Atlantic
Intracoastal Waterway in Bucksport,
South Carolina. Approximately 50 highspeed race boats are anticipated to
participate in the races.
The special local regulation
encompasses certain waters of the
Atlantic Intracoastal Waterway in
Bucksport, South Carolina. The special
local regulation will be enforced daily
from 11:00 a.m. until 7:30 p.m. on June
22, 2012, through June 23, 2013. The
special local regulation consists of a
regulated area around vessels
participating in the event. The regulated
area is as follows: All waters of the
Atlantic Intracoastal Waterway
encompassed within an Imaginary line
connecting the following points; starting
at point 1 in position 33°39′11.46″ N
079°05′36.78″ W; thence west to point 2
in position 33°39′12.18″ N
079°05′47.76″ W; thence south to point
3 in position 33°38′39.48″ N
079°05′37.44″ W; thence east to point 4
in position 33°38′42.3″ N 079°05′30.6″
W; thence north back to origin. All
coordinates are North American Datum
1983. Persons and vessels that are not
participating in the event are prohibited
from entering, transiting through,
anchoring in, or remaining within the
regulated area unless specifically
authorized by the Captain of the Port
Charleston or a designated
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]]>Agencies
[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34881-34884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13756]
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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 will restrict vessel traffic on the Atlantic Intracoastal
Waterway within 550 yards north and south of the U.S. 74/76
[[Page 34882]]
Bascule Bridge crossing the Atlantic Intracoastal Waterway, mile 283.1,
at Wrightsville Beach, North Carolina, during the swim event.
DATES: This rule is effective on October 6, 2013, from 8 a.m. to 12
p.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0118]. 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 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 Hairston, 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
On March 29, 2013, we published a Notice of Proposed Rulemaking for
this event in the Federal Register (78 FR 19155). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
B. Basis and Purpose
On October 6, 2013, from 8:45 a.m. to 11:45 a.m., Without Limits
Coaching will sponsor ``Swim the Loop'' and ``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 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.
C. Discussion of the Final Rule
The Coast Guard is establishing 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 event area during this event. Specifically, 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. to 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.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and 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 8 a.m. to 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
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 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 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 Atlantic Intracoastal
Waterway from 8 a.m. to 12 p.m. on October 6, 2013.
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 hours from 8 a.m. to 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.
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.
[[Page 34883]]
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
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 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. 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.
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 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 participating in the ``Swim the Loop/
Motts Channel Sprint'' 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
[[Page 34884]]
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: May 2, 2013.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2013-13756 Filed 6-10-13; 8:45 am]
BILLING CODE 9110-04-P
