Special Local Regulations for Marine Events, Wrightsville Channel; Wrightsville Beach, NC, 51895-51897 [2014-20863]
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Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations
24 CFR Part 590
Government property, Housing,
Intergovernmental relations, Low and
moderate income housing, Reporting
and recordkeeping requirements, Urban
renewal.
24 CFR Part 598 Urban empowerment
zones; Round two and three
designations (26 U.S.C. 1391)
BILLING CODE 4210–67–P
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
Bascule Bridge crossing the Atlantic
Intracoastal Waterway, mile 283.1, at
Wrightsville Beach, North Carolina,
during the swim event.
DATES: This rule is effective from
September 2, 2014 through October 11,
2014, and will be enforced from 10 a.m.
to 1 p.m. on October 11, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0200]. 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 LT Derek J. Burrill, Coast Guard
Sector North Carolina, Coast Guard;
telephone (910) 772–2230, email
Derek.J.Burrill@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF HOMELAND
SECURITY
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Coast Guard
A. Regulatory History and Information
PARTS 501–509 [Reserved]—
[REMOVED]
3. Remove reserved parts 501–509.
24 CFR Part 597
■
Community development, Indians,
Intergovernmental relations, Reporting
and recordkeeping requirements, Urban
areas.
PART 510—[REDESIGNATED]
24 CFR Part 598
Community development, Indians,
Intergovernmental relations, Reporting
and recordkeeping requirements, Urban
areas.
For the reasons set forth in the
preamble, and pursuant to the
Secretary’s authority under 42 U.S.C.
3535(d), 24 CFR Chapter V is amended
as follows:
TITLE 24—HOUSING AND URBAN
DEVELOPMENT
SUBCHAPTER A—GENERAL
1. Revise the heading of Chapter V,
subchapter A to read as set forth above.
■ 2. Add part 500 to subchapter A to
read as follows:
■
PART 500—EXPIRING PROGRAMS—
SAVINGS CLAUSE
Authority: 42 U.S.C. 3535(d).
mstockstill on DSK4VPTVN1PROD with RULES
§ 500.1 Expiring programs—Savings
clause.
16:13 Aug 29, 2014
Jkt 232001
PART 511—[REMOVED]
■
5. Remove part 511.
SUBCHAPTER B—SLUM CLEARANCE
AND URBAN RENEWAL
6. Add a heading to Chapter V,
subchapter B to read as set forth above.
■
PART 572—[REMOVED]
7. Remove part 572.
PART 585—[REMOVED]
■
8. Remove part 585.
PART 590—[REMOVED]
■
9. Remove part 590.
PART 597—[REMOVED]
■
10. Remove part 597.
PART 598—[REMOVED]
■
11. Remove part 598.
Dated: August 26, 2014.
Clifford Taffet,
Assistant Secretary for Community Planning
and Development (Acting).
[FR Doc. 2014–20654 Filed 8–29–14; 8:45 am]
No new grants or grant agreements are
being made under the programs listed in
this section. Existing grants or grant
agreements making designation under
these programs continue to be governed
by the regulations in effect as they
existed immediately before October 2,
2014 (see 24 CFR parts 500 to 699,
revised as of April 1, 2014):
24 CFR Part 511 Rental Rehabilitation
Grant Program (42 U.S.C. 1437o)
24 CFR Part 572 HOPE for
Homeownership of Single Family
Homes (HOPE 3) (42 U.S.C. 12891)
24 CFR Part 585 Youthbuild (42 U.S.C.
8011)
24 CFR Part 590 Urban homesteading
(12 U.S.C. 1706e)
24 CFR Part 597 Urban empowerment
zones and enterprise communities
(Round one designations) (26 U.S.C.
1391)
VerDate Mar<15>2010
4. Transfer part 510 from Chapter V,
subchapter A, to Chapter V, subchapter
B.
■
■
CHAPTER V—OFFICE OF ASSISTANT
SECRETARY FOR COMMUNITY
PLANNING AND DEVELOPMENT,
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
51895
33 CFR Part 100
[Docket Number USCG–2014–0200]
RIN 1625–AA08
Special Local Regulations for Marine
Events, Wrightsville Channel;
Wrightsville Beach, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a Special Local Regulation
for the ‘‘Swim the Loop/Motts Channel
Sprint’’ swim event, to be held on the
SUMMARY:
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Fmt 4700
Sfmt 4700
The regulatory history for this action
includes notices of proposed
rulemakings published on June 13,
2012, and March 29, 2013 respectively
in the Federal Register (77 FR 35321)
and (78 FR 19155). The temporary final
rules were published on August 9, 2012
and June 11, 2013 in the Federal
Register (77 FR 47520) and (78 FR
384881). On June 9, 2014, we published
a notice of proposed rulemaking
(NPRM) entitled ‘‘Special local
regulations for marine events,
Wrightsville Channel; Wrightsville
Beach, NC’’ in the Federal Register (79
FR 32886). We received no comments
E:\FR\FM\02SER1.SGM
02SER1
51896
Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations
on the proposed rule. No public meeting
was requested, and none was held.
B. Basis and Purpose
The legal basis for this rule is 33
U.S.C. 1233, and this document is
issued under the authority of the
Freedom of Information Act, 5 U.S.C.
522(a). The purpose of this rule is to
provide for the safety of participants,
spectators and other transiting vessels
during a special event.
C. Discussion of Comments, Changes
and 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 11, 2014 from 10 a.m.
to 1 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.
mstockstill on DSK4VPTVN1PROD with RULES
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 10 a.m. to 1 p.m., on
October 11, 2014. The Coast Guard will
provide advance notification via
maritime advisories so mariners can
VerDate Mar<15>2010
16:13 Aug 29, 2014
Jkt 232001
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 10 a.m. to 1
p.m. on October 11, 2014.
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 three hours from 10 a.m. to
1 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
PO 00000
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Fmt 4700
Sfmt 4700
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
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,
E:\FR\FM\02SER1.SGM
02SER1
Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations
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.
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
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
VerDate Mar<15>2010
16:13 Aug 29, 2014
Jkt 232001
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. 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. Add a temporary § 100.35T05–0200
to read as follows: § 100.35T05–0200,
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
■
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Fmt 4700
Sfmt 9990
51897
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 10 a.m. to 1 p.m.
on October 11, 2014.
Dated: August 18, 2014.
S. R. Murtagh,
Captain, U.S. Coast Guard, Captain of the
Port.
[FR Doc. 2014–20863 Filed 8–29–14; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\02SER1.SGM
02SER1
Agencies
[Federal Register Volume 79, Number 169 (Tuesday, September 2, 2014)]
[Rules and Regulations]
[Pages 51895-51897]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20863]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2014-0200]
RIN 1625-AA08
Special Local Regulations for 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 Bascule
Bridge crossing the Atlantic Intracoastal Waterway, mile 283.1, at
Wrightsville Beach, North Carolina, during the swim event.
DATES: This rule is effective from September 2, 2014 through October
11, 2014, and will be enforced from 10 a.m. to 1 p.m. on October 11,
2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0200]. 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 LT Derek J. Burrill, Coast Guard Sector North Carolina,
Coast Guard; telephone (910) 772-2230, email Derek.J.Burrill@uscg.mil.
If you have questions on viewing or submitting material to the docket,
call Cheryl Collins, 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 notices of proposed
rulemakings published on June 13, 2012, and March 29, 2013 respectively
in the Federal Register (77 FR 35321) and (78 FR 19155). The temporary
final rules were published on August 9, 2012 and June 11, 2013 in the
Federal Register (77 FR 47520) and (78 FR 384881). On June 9, 2014, we
published a notice of proposed rulemaking (NPRM) entitled ``Special
local regulations for marine events, Wrightsville Channel; Wrightsville
Beach, NC'' in the Federal Register (79 FR 32886). We received no
comments
[[Page 51896]]
on the proposed rule. No public meeting was requested, and none was
held.
B. Basis and Purpose
The legal basis for this rule is 33 U.S.C. 1233, and this document
is issued under the authority of the Freedom of Information Act, 5
U.S.C. 522(a). The purpose of this rule is to provide for the safety of
participants, spectators and other transiting vessels during a special
event.
C. Discussion of Comments, Changes and 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 11, 2014 from 10 a.m. to 1 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 10 a.m. to 1 p.m., on October 11, 2014. 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 10 a.m. to 1 p.m. on October 11, 2014.
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 three hours from 10 a.m. to 1 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.
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,
[[Page 51897]]
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. 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. 100.35T05-0200 to read as follows: Sec.
100.35T05-0200, 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 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 10 a.m.
to 1 p.m. on October 11, 2014.
Dated: August 18, 2014.
S. R. Murtagh,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2014-20863 Filed 8-29-14; 8:45 am]
BILLING CODE 9110-04-P