
[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Rules and Regulations]
[Pages 34215-34217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14127]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0197]
RIN 1625-AA08


Special Local Regulations for Marine Events, Swim Event; Lake 
Gaston, Littleton, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will establish a Special Local Regulation for 
``The Crossing'' swim event to be held on the waters of Lake Gaston, 
adjacent to the Eaton Ferry Bridge in Littleton, North Carolina. This 
Special Local Regulation is necessary to provide for the safety of life 
on navigable waters during the event. This action is intended to 
restrict vessel traffic on Lake Gaston under the Eaton Ferry Bridge and 
within 100 yards west of the bridge during the swim event.

DATES: This rule is effective from 7:30 a.m. to Noon on August 11, 
2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0197]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email BOSN3 Joseph M. Edge, U.S. Coast Guard Sector North 
Carolina; telephone 252-247-4525, email Joseph.M.Edge@uscg.mil. If you 
have questions on viewing or submitting material to the docket, call 
Renee V. Wright, Program Manager, Docket Operations, telephone (202) 
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The regulatory history for this action includes both a Notice of 
proposed

[[Page 34216]]

rulemaking and Temporary final rule published in the Federal Register 
on May 24, 2011 and July 7, 2011 respectively. On April 3, 2012, we 
published a notice of proposed rulemaking (NPRM) entitled ``Special 
local regulations for marine events, Swim Event, Lake Gaston; 
Littleton, NC'' in the Federal Register (77 FR 19954). We received no 
comments on the proposed rule. No public meeting was requested, and 
none was held.

B. Basis and Purpose

    On August 11, 2012 from 7:30 a.m. to Noon, the Organization to 
Support the Arts, Infrastructure, and Learning on Lake Gaston, also 
known as O'SAIL, will sponsor ``The Crossing'' on the waters of Lake 
Gaston, adjacent to Littleton, North Carolina. The swim event will 
consist of approximately 350 swimmers entering Lake Gaston at the 
Morning Star Marina on the south bank of Lake Gaston, west of the Eaton 
Ferry Bridge, and swimming north along the western side of Eaton Ferry 
Bridge to the Waterview Restaurant. A fleet of spectator vessels is 
expected to gather near the event site to view the competition. To 
provide for the safety of participants, spectators and other transiting 
vessels, the Coast Guard will temporarily restrict vessel traffic in 
the event area during this event.
    In an effort to enhance safety of event participants the channel in 
the vicinity of Eaton Ferry Bridge will remain closed during the event 
on August 11, 2012 from 7:30 a.m. to Noon. The Coast Guard will 
temporarily restrict access to this section of Lake Gaston during the 
event.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard did not receive comments in response to the notice 
of proposed rulemaking (NPRM) published in the Federal Register. 
Accordingly, the Coast Guard is establishing special local regulations 
on the specified navigable waters listed in this regulation.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    Although this regulation will restrict access to the area, the 
effect of this rule will not be significant because the regulated area 
will be in effect for a limited time, from 7:30 a.m. to 12 p.m. (Noon), 
on August 11, 2012. The Coast Guard will provide advance notification 
via maritime advisories so mariners can adjust their plans accordingly. 
The regulated area will apply only to the section of Lake Gaston in the 
immediate vicinity of Eaton Ferry Bridge. Coast Guard vessels enforcing 
this regulated area can be contacted on marine band radio VHF-FM 
channel 16 (156.8 MHz).

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
received no comments from the Small Business Administration on this 
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule will affect the following entities, some of 
which may be small entities: The owners or operators of recreational 
vessels intending to transit the specified portion of Lake Gaston from 
7:30 a.m. to Noon on August 11, 2012.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will only be in effect for four and one-half hours from 7:30 a.m. 
to Noon. The regulated area applies only to the section of Lake Gaston 
in the vicinity of Eaton Ferry Bridge. Vessel traffic may be allowed to 
pass through the regulated area with the permission of the Coast Guard 
Patrol Commander. In the case where the Patrol Commander authorizes 
passage through the regulated area, vessels shall proceed at the 
minimum speed necessary to maintain a safe course that minimizes wake 
near the swim course. The Patrol Commander will allow non-participating 
vessels to transit the event area once all swimmers are safely clear of 
navigation channels and vessel traffic areas. Before the enforcement 
period, we will issue maritime advisories so mariners can adjust their 
plans accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a

[[Page 34217]]

State, local, or tribal government, in the aggregate, or by the private 
sector of $100,000,000 (adjusted for inflation) or more in any one 
year. Though this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves implementation of regulations within 33 
CFR part 100 that apply to organized marine events on the navigable 
waters of the United States that may have potential for negative impact 
on the safety or other interest of waterway users and shore side 
activities in the event area. This special local regulation is 
necessary to provide for the safety of the general public and event 
participants from potential hazards associated with movement of vessels 
near the event area. We seek any comments or information that may lead 
to the discovery of a significant environmental impact from this rule. 
This rule is categorically excluded from further review under paragraph 
34(h) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U. S. C. 1233.


0
2. Add a temporary Sec.  100.35-T05-0197 to read as follows:


Sec.  100.35-T05-0197  Lake Gaston, Enterprise, NC.

    (a) Regulated area. The following location is a regulated area: All 
waters of Lake Gaston directly under the Eaton Ferry Bridge, latitude 
36[deg]31'06'' North, longitude 077[deg]57'37'' West, and within 100 
yards of the western side of the bridge at Littleton, North Carolina. 
All coordinates reference Datum NAD 1983.
    (b) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the U. S. Coast Guard who 
has been designated by the Commander, Coast Guard Sector North 
Carolina.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector North Carolina with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant means all vessels participating in the ``The 
Crossing'' swim event under the auspices of the Marine Event Permit 
issued to the event sponsor and approved by Commander, Coast Guard 
Sector North Carolina.
    (4) Spectator means all persons and vessels not registered with the 
event sponsor as participants or official patrol.
    (c) Special local regulations. (1) The Coast Guard Patrol Commander 
will control the movement of all vessels in the vicinity of the 
regulated area. When hailed or signaled by an official patrol vessel, a 
vessel approaching the regulated area shall immediately comply with the 
directions given. Failure to do so may result in termination of voyage 
and citation for failure to comply.
    (2) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any support vessel participating in the event, at any 
time it is deemed necessary for the protection of life or property. The 
Coast Guard may be assisted in the patrol and enforcement of the 
regulated area by other Federal, State, and local agencies.
    (3) Vessel traffic, not involved with the event, may be allowed to 
transit the regulated area with the permission of the Patrol Commander. 
Vessels that desire passage through the regulated area shall contact 
the Coast Guard Patrol Commander on VHF-FM marine band radio for 
direction. Only participants and official patrol vessels are allowed to 
enter the regulated area.
    (4) All Coast Guard vessels enforcing the regulated area can be 
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and 
channel 22 (157.1 MHz). The Coast Guard will issue marine information 
broadcast on VHF-FM marine band radio announcing specific event date 
and times.
    (d) Enforcement period. This section will be enforced from 7:30 
a.m. to (Noon) 12 p.m. on August 11, 2012.

    Dated: May 30, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2012-14127 Filed 6-8-12; 8:45 am]
BILLING CODE 9110-04-P


