
[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Rules and Regulations]
[Pages 43511-43513]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18154]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2012-0341]
RIN 1625-AA08


Special Local Regulations for Marine Events, Temporary Change of 
Dates for Recurring Marine Events in the Fifth Coast Guard District, 
Wrightsville Channel; Wrightsville Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement period 
of one special local regulation for a recurring marine event in the 
Fifth Coast Guard District, specifically the ``Wilmington YMCA 
Triathlon'', locally known as the ``Beach 2 Battleship'', conducted on 
the waters of Wrightsville Channel near Wrightsville Beach, North 
Carolina. This Special Local Regulation is necessary to provide for the 
safety of life on navigable waters during the event, which has been 
rescheduled from the last Saturday in October or the first or second 
Saturday in November to the third Saturday in October. This action is 
intended to restrict vessel traffic on Wrightsville Channel during the 
swimming portion of this event.

DATES: This rule is effective from September 15, 2012 until November 
15, 2012. The regulated area discussed in this rule will be enforced on 
October 20, 2012 from 7 a.m. until 11 a.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0341]. 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 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 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

    Annually, since 2008, a regulation has been enforced for the 
``Wilmington YMCA Triathlon'', locally known as the ``Beach 2 
Battleship''. The event was recently added to 33 CFR 100.501 on January 
19, 2012 in 77 FR 2629. Historically no comments or objections have 
been received for the regulation. Based on tidal predictions the 
sponsor has requested a change to the effective dates of this rule.
    On May 24, 2012 a Notice of Proposed Rule Making (NRPM) was 
published in 33 FR 30929 reflecting the change to the effective dates. 
We received no comments on the proposed rule. No public meeting was 
requested, and none was held.

B. Basis and Purpose

    The YMCA sponsors an annual Triathlon, ``Wilmington YMCA 
Triathlon'', locally known as the ``Beach 2 Battleship'', in the 
Wrightsville Beach area of North Carolina. The Triathlon consists of 
three events: a running portion, a bike-riding portion, and a swimming 
portion. The swimming portion of the Triathlon takes place in the 
waters adjacent to Wrightsville Beach. A special local regulation is 
effective annually to create a safety zone for the swimming portion of 
the Triathlon.
    The regulation listing annual marine events within the Fifth Coast 
Guard District and corresponding dates is 33 CFR 100.501. The Table to 
Sec.  100.501 identifies marine events by Captain of the Port zone. 
This particular marine event is listed in section (d.) line No. 4 of 
the table.
    The current regulation described in section (d.) line No. 4 of the 
table indicates the Triathlon should take place this year on October 
27, 2012, November 3, 2012 or November 10, 2012, this year. This 
regulation changes the date for the event to take place on October 20, 
2012 for this year only.
    The swim portion of the Triathlon, scheduled to take place on 
Saturday October 20, 2012, will consist of two groups of 950 swimmers 
entering Banks Channel at the Blockade Runner Hotel and swimming 
northwest along Motts Channel to Seapath Marine. A fleet of spectator 
vessels are expected to gather near the event site to view the 
competition.
    To provide for the safety of the participants, spectators and other 
transiting vessels, the Coast Guard will temporarily restrict vessel 
traffic in the event area during this event. The regulation at 33 CFR 
100.501 would be enforced from 7 a.m. to 11 a.m. on October 20, 2012; 
vessels may not enter the regulated area unless they receive permission 
from the Coast Guard Patrol Commander.

C. Discussion of Comments, Changes and the Final Rule

    We received no comments on the proposed rule. No public meeting was 
requested, and none was held.
    The Coast Guard will temporarily suspend the regulation listed at 
section (d.) line No. 4 in the Table to Sec.  100.501 and insert this 
new temporary regulation at the Table to Sec.  100.501 line No. 5 in 
order to reflect the change of date for this year's event. This change 
is needed to accommodate the change in date of the annual Triathlon. No 
other portion of the Table to Sec.  100.501 or other provisions in 
Sec.  100.501 shall be affected by this regulation.
    This safety zone will restrict vessel movement on the specified 
waters of Wrightsville Channel, Wrightsville Beach, NC. The regulated 
area will be established in the interest of participant safety during 
the swim portion of the ``Wilmington YMCA Triathlon'' and will be 
enforced from 7 a.m. to 11 a.m. on October 20, 2012. The Coast Guard, 
at its discretion, when deemed safe will allow the passage of vessels. 
During the Marine Event no vessel will be allowed to transit the 
waterway unless the vessel is given permission from the Patrol 
Commander to transit the regulated segment of the waterway.
    Any vessel transiting the regulated area must do so at a no-wake 
speed during the effective period. Nothing in this rule negates the 
requirement to

[[Page 43512]]

operate at a safe speed as provided in the Navigational Rules and 
Regulations.

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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. Although this regulation 
prevents traffic from transiting waters of Wrightsville Channel during 
the event, the effect of this regulation will not be significant due to 
the limited duration that the regulated area will be in effect. 
Extensive advance notification will be made to the maritime community 
via marine information broadcast and local area newspapers so mariners 
can adjust their plans accordingly. Additionally, this rulemaking does 
not change the permanent regulated areas that have been published in 33 
CFR 100.501, Table to Sec.  100.501. Vessel traffic will be able to 
transit the regulated area before and after the races, when the Coast 
Guard Patrol Commander deems it is safe to do so. 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 of operators of vessels 
intending to transit Wrightsville Channel from 7 a.m. to 11 a.m. on 
October 20, 2012.
    This rule will not have a significant economic impact on 
substantial number of small entities for the following reasons. The 
regulation will be enforced for only two hours. Although the regulated 
area will apply to Motts, Banks and Wrightsville Channels, 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, 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

[[Page 43513]]

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. A 
preliminary environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this 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. At Sec.  100.501, in the Table to Sec.  100.501, make the following 
amendments:
0
a. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' suspend 
entry (d)4.
0
b. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' add 
entry (d)5 to read as follows:


Sec.  100.501  Special Local Regulations; Recurring Marine Event in the 
Fifth Coast Guard District.

* * * * *

                                (d.) Coast Guard Sector North Carolina--COTP Zone
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      Number              Date                Event              Sponsor                    Location
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                                                  * * * * * * *
5................  October 20, 2012,   Wilmington YMCA     Wilmington YMCA...  The waters of, and adjacent to,
                    from 7 a.m to 11    Triathlon.                              Wrightsville Channel from
                    a.m.                                                        Wrightsville Channel Day beacon
                                                                                14 (LLNR 28040), located at
                                                                                34[deg]12'18'' N, longitude
                                                                                077[deg]48'10'' W, to
                                                                                Wrightsville Channel Day beacon
                                                                                25 (LLNR 28080), located at
                                                                                34[deg]12'51'' N, longitude
                                                                                77[deg]48'53'' W.
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    Dated: June 28, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2012-18154 Filed 7-24-12; 8:45 am]
BILLING CODE 9110-04-P


