80_FR_53166 80 FR 52996 - Special Local Regulations for Marine Events, Wrightsville Channel; Wrightsville Beach, NC

80 FR 52996 - Special Local Regulations for Marine Events, Wrightsville Channel; Wrightsville Beach, NC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 170 (September 2, 2015)

Page Range52996-52998
FR Document2015-21792

The Coast Guard is establishing a Special Local Regulation for the ``Swim the Loop'' and ``Motts Channel Sprint'' swim event, to be held on the waters adjacent to and surrounding Harbor Island in Wrightsville Beach, North Carolina. This Special Local Regulation is necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic on the Atlantic Intracoastal Waterway within 550 yards north and south of the U.S. 74/76 Bascule Bridge crossing the Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North Carolina, during the swim event.

Federal Register, Volume 80 Issue 170 (Wednesday, September 2, 2015)
[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Rules and Regulations]
[Pages 52996-52998]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21792]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0663]
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'' and ``Motts Channel Sprint'' swim event, to be 
held on the waters adjacent to and surrounding Harbor Island in 
Wrightsville Beach, North Carolina. This Special Local Regulation is 
necessary to provide for the safety of life on navigable waters during 
the event. This action is intended to restrict vessel traffic on the 
Atlantic Intracoastal Waterway within 550 yards north and south of the 
U.S. 74/76 Bascule Bridge crossing the Atlantic Intracoastal Waterway, 
mile 283.1, at Wrightsville Beach, North Carolina, during the swim 
event.

DATES: This rule is effective on September 27, 2015 only.
    This rule will be enforced from 7 a.m. to 10 a.m. on September 27, 
2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0663]. 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 LT Derek J. Burrill, Coast Guard Sector North Carolina, 
Coast Guard; telephone (910) 772-2230, email [email protected]. 
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 Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. The Coast Guard did not receive final 
information about this event with sufficient time to publish an NPRM 
and receive comments. Delaying the effective date to provide for a 
comment period would be contrary to the public interest, since 
immediate action is needed to ensure the safety of the event 
participants, patrol vessels, spectator craft and other vessels 
transiting the event area. The Coast Guard will provide advance 
notifications to users of the affected waterways of the safety zone via 
marine information broadcasts and local notice to mariners.

[[Page 52997]]

    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. For the same reasons stated above, 
delaying the effective date to provide for a comment period is 
impracticable and would be contrary to the public interest.

B. Basis and Purpose

    On September 27, 2015 from 7 a.m. to 10 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 200 
swimmers per event swimming a 1.3 mile course or a 3.5 mile course 
around Harbor Island in 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.

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 September 27, 2015 from 7 a.m. to 10 a.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 7 a.m. to 10 a.m., on September 27, 2015. 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 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 7 a.m. to 10 a.m. on September 27, 2015.
    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 7 a.m. to 10 a.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 on a case by case basis 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 (Public Law 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.

[[Page 52998]]

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. 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 proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.


0
2. Add a temporary Sec.  100.35-T05-0200 to read as follows:


Sec.  100.35-T05-0200  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'' 
and ``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 7 a.m. 
to 10 a.m. on September 27, 2015.

    Dated: August 10, 2015.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2015-21792 Filed 9-1-15; 8:45 am]
BILLING CODE 9110-04-P



                                                  52996              Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations

                                                  review under paragraph 34(h) of Figure                                      List of Subjects in 33 CFR Part 100                                Authority: 33 U.S.C. 1233.
                                                  2–1 of the Commandant Instruction. An                                         Marine safety, Navigation (water),                           ■ 2. In § 100.1101, in Table 1 to
                                                  environmental analysis checklist                                            Reporting and recordkeeping                                    § 100.1101, suspend item ‘‘11’’ and add
                                                  supporting this determination and a                                         requirements, and Waterways.                                   temporary item ‘‘19’’ to read as follows:
                                                  Categorical Exclusion Determination are                                       For the reasons discussed in the
                                                  available in the docket where indicated                                     preamble, the Coast Guard amends 33                            § 100.1101 Southern California Annual
                                                  under ADDRESSES. We seek any                                                CFR part 100 as follows:                                       Marine Events for the San Diego Captain of
                                                  comments or information that may lead                                                                                                      the Port Zone.
                                                  to the discovery of a significant                                           PART 100—SAFETY OF LIFE ON                                     *        *    *       *   *
                                                  environmental impact from this rule.                                        NAVIGABLE WATERS
                                                                                                                              ■ 1. The authority citation for part 100
                                                                                                                              continues to read as follows:

                                                                                                                                        TABLE 1 TO § 100.1101
                                                                                                                              [All coordinates referenced us datum NAD 83]




                                                                *                                *                                *                    *                                *                      *              *
                                                                                                                                        19. TriRock San Diego Triathlon

                                                  Sponsor .....................................................................................................     Competitor Group, Inc.
                                                  Event Description ......................................................................................          Swim Race.
                                                  Date ..........................................................................................................   September 20, 2015
                                                  Location ....................................................................................................     San Diego Bay, CA.
                                                  Regulated Area .........................................................................................          The waters of San Diego Bay, off the East Basin of Embarcadero
                                                                                                                                                                      Park.



                                                     Dated: August 17, 2015.                                                  crossing the Atlantic Intracoastal                             Table of Acronyms
                                                  J.S. Spaner,                                                                Waterway, mile 283.1, at Wrightsville
                                                                                                                                                                                                 DHS Department of Homeland Security
                                                  Captain, U.S. Coast Guard, Captain of the                                   Beach, North Carolina, during the swim
                                                                                                                                                                                                 FR Federal Register
                                                  Port San Diego.                                                             event.                                                             NPRM Notice of Proposed Rulemaking
                                                  [FR Doc. 2015–21791 Filed 9–1–15; 8:45 am]
                                                                                                                              DATES:  This rule is effective on
                                                  BILLING CODE 9110–04–P                                                                                                                     A. Regulatory History and Information
                                                                                                                              September 27, 2015 only.
                                                                                                                                This rule will be enforced from 7 a.m.                          The Coast Guard is issuing this
                                                  DEPARTMENT OF HOMELAND                                                      to 10 a.m. on September 27, 2015.                              temporary final rule without prior
                                                  SECURITY                                                                                                                                   notice and opportunity to comment
                                                                                                                              ADDRESSES:   Documents mentioned in
                                                                                                                                                                                             pursuant to authority under section 4(a)
                                                                                                                              this preamble are part of docket [USCG–
                                                  Coast Guard                                                                                                                                of the Administrative Procedure Act
                                                                                                                              2015–0663]. To view documents
                                                                                                                                                                                             (APA) (5 U.S.C. 553(b)). This provision
                                                                                                                              mentioned in this preamble as being
                                                  33 CFR Part 100                                                                                                                            authorizes an agency to issue a rule
                                                                                                                              available in the docket, go to http://
                                                                                                                              www.regulations.gov, type the docket                           without prior notice and opportunity to
                                                  [Docket Number USCG–2015–0663]
                                                                                                                              number in the ‘‘SEARCH’’ box and click                         comment when the agency for good
                                                  RIN 1625–AA08                                                               ‘‘SEARCH.’’ Click on Open Docket                               cause finds that those procedures are
                                                                                                                              Folder on the line associated with this                        ‘‘impracticable, unnecessary, or contrary
                                                  Special Local Regulations for Marine                                                                                                       to the public interest.’’ Under 5 U.S.C.
                                                                                                                              rulemaking. You may also visit the
                                                  Events, Wrightsville Channel;                                                                                                              553(b)(B), the Coast Guard finds that
                                                                                                                              Docket Management Facility in Room
                                                  Wrightsville Beach, NC                                                                                                                     good cause exists for not publishing a
                                                                                                                              W12–140 on the ground floor of the
                                                  AGENCY:        Coast Guard, DHS.                                            Department of Transportation West                              notice of proposed rulemaking (NPRM)
                                                                                                                              Building, 1200 New Jersey Avenue SE.,                          with respect to this rule. The Coast
                                                  ACTION:       Temporary final rule.
                                                                                                                              Washington, DC 20590, between 9 a.m.                           Guard did not receive final information
                                                  SUMMARY:    The Coast Guard is                                              and 5 p.m., Monday through Friday,                             about this event with sufficient time to
                                                  establishing a Special Local Regulation                                     except Federal holidays.                                       publish an NPRM and receive
                                                  for the ‘‘Swim the Loop’’ and ‘‘Motts                                                                                                      comments. Delaying the effective date to
                                                                                                                              FOR FURTHER INFORMATION CONTACT:     If                        provide for a comment period would be
                                                  Channel Sprint’’ swim event, to be held
                                                                                                                              you have questions on this rule, call or                       contrary to the public interest, since
                                                  on the waters adjacent to and
                                                                                                                              email LT Derek J. Burrill, Coast Guard                         immediate action is needed to ensure
                                                  surrounding Harbor Island in
                                                                                                                              Sector North Carolina, Coast Guard;
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  Wrightsville Beach, North Carolina.                                                                                                        the safety of the event participants,
                                                                                                                              telephone (910) 772–2230, email                                patrol vessels, spectator craft and other
                                                  This Special Local Regulation is
                                                                                                                              Derek.J.Burrill@uscg.mil. If you have                          vessels transiting the event area. The
                                                  necessary to provide for the safety of life
                                                                                                                              questions on viewing or submitting                             Coast Guard will provide advance
                                                  on navigable waters during the event.
                                                                                                                              material to the docket, call Cheryl
                                                  This action is intended to restrict vessel                                                                                                 notifications to users of the affected
                                                                                                                              Collins, Program Manager, Docket
                                                  traffic on the Atlantic Intracoastal                                                                                                       waterways of the safety zone via marine
                                                                                                                              Operations, telephone (202) 366–9826.
                                                  Waterway within 550 yards north and                                                                                                        information broadcasts and local notice
                                                  south of the U.S. 74/76 Bascule Bridge                                      SUPPLEMENTARY INFORMATION:                                     to mariners.


                                             VerDate Sep<11>2014         19:00 Sep 01, 2015          Jkt 235001      PO 00000         Frm 00062       Fmt 4700      Sfmt 4700   E:\FR\FM\02SER1.SGM   02SER1


                                                               Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations                                          52997

                                                    Under 5 U.S.C. 553(d)(3), the Coast                   does not require an assessment of                     area once all swimmers are safely clear
                                                  Guard finds that good cause exists for                  potential costs and benefits under                    of navigation channels and vessel traffic
                                                  making this rule effective less than 30                 section 6(a)(3) of Executive Order 12866              areas. Before the enforcement period,
                                                  days after publication in the Federal                   or under section 1 of Executive Order                 we will issue maritime advisories so
                                                  Register. For the same reasons stated                   13563. The Office of Management and                   mariners can adjust their plans
                                                  above, delaying the effective date to                   Budget has not reviewed it under those                accordingly.
                                                  provide for a comment period is                         Orders. Although this regulation will
                                                                                                          restrict access to the area, the effect of            3. Assistance for Small Entities
                                                  impracticable and would be contrary to
                                                  the public interest.                                    this rule will not be significant because                Under section 213(a) of the Small
                                                                                                          the regulated area will be in effect for a            Business Regulatory Enforcement
                                                  B. Basis and Purpose                                    limited time, from 7 a.m. to 10 a.m., on              Fairness Act of 1996 (Public Law 104–
                                                     On September 27, 2015 from 7 a.m. to                 September 27, 2015. The Coast Guard                   121), we want to assist small entities in
                                                  10 a.m., Without Limits Coaching will                   will provide advance notification via                 understanding this rule. If the rule
                                                  sponsor ‘‘Swim the Loop’’ and ‘‘Motts                   maritime advisories so mariners can                   would affect your small business,
                                                  Channel Sprint’’ on the waters adjacent                 adjust their plans accordingly. The                   organization, or governmental
                                                  to and surrounding Harbor Island in                     regulated area will apply only to the                 jurisdiction and you have questions
                                                  Wrightsville Beach, North Carolina. The                 section of Atlantic Intracoastal                      concerning its provisions or options for
                                                  swim event will consist of up to 200                    Waterway in the immediate vicinity of                 compliance, please contact the person
                                                  swimmers per event swimming a 1.3                       U.S. 74/76 Bascule Bridge at                          listed in the FOR FURTHER INFORMATION
                                                  mile course or a 3.5 mile course around                 Wrightsville Beach, North Carolina.                   CONTACT, above.
                                                  Harbor Island in Wrightsville Beach,                    Coast Guard vessels enforcing this                       Small businesses may send comments
                                                  North Carolina. To provide for the safety               regulated area can be contacted on                    on the actions of Federal employees
                                                  of participants, spectators and other                   marine band radio VHF–FM channel 16                   who enforce, or otherwise determine
                                                  transiting vessels, the Coast Guard will                (156.8 MHz).                                          compliance with, Federal regulations to
                                                  temporarily restrict vessel traffic in the              2. Impact on Small Entities                           the Small Business and Agriculture
                                                  event area during this event.                                                                                 Regulatory Enforcement Ombudsman
                                                                                                             The Regulatory Flexibility Act of 1980
                                                  C. Discussion of Comments, Changes                      (RFA), 5 U.S.C. 601–612, as amended,                  and the Regional Small Business
                                                  and the Final Rule                                      requires federal agencies to consider the             Regulatory Fairness Boards. The
                                                                                                          potential impact of regulations on small              Ombudsman evaluates these actions
                                                     The Coast Guard is establishing a
                                                                                                          entities during rulemaking. The term                  annually and rates each agency’s
                                                  safety zone on the navigable waters of
                                                                                                          ‘‘small entities’’ comprises small                    responsiveness to small business. If you
                                                  the Atlantic Intracoastal Waterway 550
                                                                                                          businesses, not-for-profit organizations              wish to comment on actions by
                                                  yards north and south of the U.S. 74/76
                                                                                                          that are independently owned and                      employees of the Coast Guard, call 1–
                                                  Bascule Bridge, mile 283.1, latitude
                                                                                                          operated and are not dominant in their                888–REG–FAIR (1–888–734–3247). The
                                                  34°13′06″ North, longitude 077°48′44″
                                                                                                          fields, and governmental jurisdictions                Coast Guard will not retaliate against
                                                  West, at Wrightsville Beach, North
                                                                                                          with populations of less than 50,000.                 small entities that question or complain
                                                  Carolina.
                                                     To provide for the safety of                         The Coast Guard certifies under 5 U.S.C.              about this rule or any policy or action
                                                  participants, spectators and other                      605(b) that this rule will not have a                 of the Coast Guard.
                                                  transiting vessels, the Coast Guard will                significant economic impact on a                      4. Collection of Information
                                                  temporarily restrict vessel traffic in the              substantial number of small entities.
                                                  event area during this event.                              This rule will affect the following                  This rule will not call for a new
                                                  Specifically, the U.S. 74/76 Bascule                    entities, some of which may be small                  collection of information under the
                                                  Bridge at Wrightsville Beach, North                     entities: The owners or operators of                  Paperwork Reduction Act of 1995 (44
                                                  Carolina will remain closed during the                  recreational vessels intending to transit             U.S.C. 3501–3520).
                                                  event on September 27, 2015 from 7                      the specified portion of Atlantic                     5. Federalism
                                                  a.m. to 10 a.m. During the event, general               Intracoastal Waterway from 7 a.m. to 10
                                                  navigation within the safety zone will                  a.m. on September 27, 2015.                              A rule has implications for federalism
                                                  be restricted, no person or vessel may                     This rule will not have a significant              under Executive Order 13132,
                                                  enter or remain in the regulated area,                  economic impact on a substantial                      Federalism, if it has a substantial direct
                                                  with the exception of participants and                  number of small entities for the                      effect on the States, on the relationship
                                                  vessels authorized by the Coast Guard                   following reasons. This rule will only be             between the national government and
                                                  Captain of the Port or his representative.              in effect for three hours from 7 a.m. to              the States, or on the distribution of
                                                                                                          10 a.m. The regulated area applies only               power and responsibilities among the
                                                  D. Regulatory Analyses                                  to the section of Atlantic Intracoastal               various levels of government. We have
                                                    We developed this rule after                          Waterway in the vicinity of the U.S. 74/              analyzed this rule under that Order and
                                                  considering numerous statutes and                       76 Bascule Bridge at Wrightsville Beach,              determined that this rule does not have
                                                  executive orders related to rulemaking.                 North Carolina. Vessel traffic may be                 implications for federalism.
                                                  Below we summarize our analyses                         allowed to pass through the regulated
                                                                                                                                                                6. Protest Activities
                                                  based on these statutes and executive                   area on a case by case basis with the
                                                  orders.                                                 permission of the Coast Guard Patrol                    The Coast Guard respects the First
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                                                                                                          Commander. In the case where the                      Amendment rights of protesters.
                                                  1. Regulatory Planning and Review                       Patrol Commander authorizes passage                   Protesters are asked to contact the
                                                     This rule is not a significant                       through the regulated area, vessels shall             person listed in the FOR FURTHER
                                                  regulatory action under section 3(f) of                 proceed at the minimum speed                          INFORMATION CONTACT section to
                                                  Executive Order 12866, Regulatory                       necessary to maintain a safe course that              coordinate protest activities so that your
                                                  Planning and Review, as supplemented                    minimizes wake near the swim course.                  message can be received without
                                                  by Executive Order 13563, Improving                     The Patrol Commander will allow non-                  jeopardizing the safety or security of
                                                  Regulation and Regulatory Review, and                   participating vessels to transit the event            people, places or vessels.


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                                                  52998        Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations

                                                  7. Unfunded Mandates Reform Act                         Management Directive 023–01 and                       Coast Guard Sector North Carolina with
                                                     The Unfunded Mandates Reform Act                     Commandant Instruction M16475.lD,                     a commissioned, warrant, or petty
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   which guide the Coast Guard in                        officer on board and displaying a Coast
                                                  Federal agencies to assess the effects of               complying with the National                           Guard ensign.
                                                  their discretionary regulatory actions. In              Environmental Policy Act of 1969
                                                                                                                                                                   (3) Participant means all participating
                                                  particular, the Act addresses actions                   (NEPA)(42 U.S.C. 4321–4370f), and
                                                                                                                                                                in the ‘‘Swim the Loop’’ and ‘‘Motts
                                                  that may result in the expenditure by a                 have determined that this action is one
                                                                                                          of a category of actions that do not                  Channel Sprint’’ swim event under the
                                                  State, local, or tribal government, in the                                                                    auspices of the Marine Event Permit
                                                  aggregate, or by the private sector of                  individually or cumulatively have a
                                                                                                          significant effect on the human                       issued to the event sponsor and
                                                  $100,000,000 (adjusted for inflation) or                                                                      approved by Commander, Coast Guard
                                                  more in any one year. Though this rule                  environment. This rule involves
                                                                                                          implementation of regulations within 33               Sector North Carolina.
                                                  will not result in such an expenditure,
                                                                                                          CFR part 100 that apply to organized                     (4) Spectator means all persons and
                                                  we do discuss the effects of this rule
                                                                                                          marine events on the navigable waters                 vessels not registered with the event
                                                  elsewhere in this preamble.
                                                                                                          of the United States that may have                    sponsor as participants or official patrol.
                                                  8. Taking of Private Property                           potential for negative impact on the
                                                                                                          safety or other interest of waterway                     (c) Special local regulations. (1) The
                                                     This rule will not cause a taking of                                                                       Coast Guard Patrol Commander will
                                                  private property or otherwise have                      users and shore side activities in the
                                                                                                          event area. This special local regulation             control the movement of all vessels in
                                                  taking implications under Executive                                                                           the vicinity of the regulated area. When
                                                  Order 12630, Governmental Actions and                   is necessary to provide for the safety of
                                                                                                          the general public and event                          hailed or signaled by an official patrol
                                                  Interference with Constitutionally                                                                            vessel, a vessel approaching the
                                                  Protected Property Rights.                              participants from potential hazards
                                                                                                          associated with movement of vessels                   regulated area shall immediately
                                                  9. Civil Justice Reform                                 near the event area. This rule is                     comply with the directions given.
                                                     This rule meets applicable standards                 categorically excluded from further                   Failure to do so may result in
                                                  in sections 3(a) and 3(b)(2) of Executive               review under paragraph 34(h) of Figure                termination of voyage and citation for
                                                  Order 12988, Civil Justice Reform, to                   2–1 of the Commandant Instruction. We                 failure to comply.
                                                  minimize litigation, eliminate                          seek any comments or information that                    (2) The Coast Guard Patrol
                                                  ambiguity, and reduce burden.                           may lead to the discovery of a                        Commander may terminate the event, or
                                                                                                          significant environmental impact from
                                                  10. Protection of Children                                                                                    the operation of any support vessel
                                                                                                          this rule.
                                                                                                                                                                participating in the event, at any time it
                                                    We have analyzed this rule under                      List of Subjects in 33 CFR Part 100                   is deemed necessary for the protection
                                                  Executive Order 13045, Protection of
                                                                                                            Marine safety, Navigation (water),                  of life or property. The Coast Guard may
                                                  Children from Environmental Health
                                                                                                          Reporting and recordkeeping                           be assisted in the patrol and
                                                  Risks and Safety Risks. This rule is not
                                                  an economically significant rule and                    requirements, Waterways.                              enforcement of the regulated area by
                                                  does not create an environmental risk to                  For the reasons discussed in the                    other Federal, State, and local agencies.
                                                  health or risk to safety that may                       preamble, the Coast Guard proposes to                    (3) Vessel traffic, not involved with
                                                  disproportionately affect children.                     amend 33 CFR part 100 as follows:                     the event, may be allowed to transit the
                                                                                                                                                                regulated area with the permission of
                                                  11. Indian Tribal Governments                           PART 100—SAFETY OF LIFE ON
                                                                                                                                                                the Patrol Commander. Vessels that
                                                     This rule does not have tribal                       NAVIGABLE WATERS
                                                                                                                                                                desire passage through the regulated
                                                  implications under Executive Order                      ■ 1. The authority citation for part 100              area shall contact the Coast Guard Patrol
                                                  13175, Consultation and Coordination                    continues to read as follows:                         Commander on VHF–FM marine band
                                                  with Indian Tribal Governments,                                                                               radio for direction. Only participants
                                                  because it does not have a substantial                      Authority: 33 U.S.C. 1233.
                                                                                                                                                                and official patrol vessels are allowed to
                                                  direct effect on one or more Indian                     ■ 2. Add a temporary § 100.35–T05–                    enter the regulated area.
                                                  tribes, on the relationship between the                 0200 to read as follows:
                                                  Federal Government and Indian tribes,                                                                            (4) All Coast Guard vessels enforcing
                                                  or on the distribution of power and                     § 100.35–T05–0200 Special Local                       the regulated area can be contacted on
                                                  responsibilities between the Federal                    Regulations for Marine Events, Wrightsville           marine band radio VHF–FM channel 16
                                                                                                          Channel; Wrightsville Beach, NC                       (156.8 MHz) and channel 22 (157.1
                                                  Government and Indian tribes.
                                                                                                             (a) Regulated area. The following                  MHz). The Coast Guard will issue
                                                  12. Energy Effects                                      location is a regulated area: All waters              marine information broadcast on VHF–
                                                    This action is not a ‘‘significant                    of the Atlantic Intracoastal Waterway                 FM marine band radio announcing
                                                  energy action’’ under Executive Order                   within 550 yards north and south of the               specific event date and times.
                                                  13211, Actions Concerning Regulations                   U.S. 74/76 Bascule Bridge, mile 283.1,
                                                                                                          latitude 34°13′06″ North, longitude                      (d) Enforcement period. This section
                                                  That Significantly Affect Energy Supply,
                                                  Distribution, or Use.                                   077°48′44″ West, at Wrightsville Beach,               will be enforced from 7 a.m. to 10 a.m.
                                                                                                          North Carolina. All coordinates                       on September 27, 2015.
                                                  13. Technical Standards                                 reference Datum NAD 1983.                               Dated: August 10, 2015.
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                                                    This rule does not use technical                         (b) Definitions. (1) Coast Guard Patrol            S.R. Murtagh,
                                                  standards. Therefore, we did not                        Commander means a commissioned,
                                                                                                                                                                Captain, U.S. Coast Guard, Captain of the
                                                  consider the use of voluntary consensus                 warrant, or petty officer of the U.S.
                                                                                                                                                                Port.
                                                  standards.                                              Coast Guard who has been designated
                                                                                                                                                                [FR Doc. 2015–21792 Filed 9–1–15; 8:45 am]
                                                                                                          by the Commander, Coast Guard Sector
                                                  14. Environment                                         North Carolina.                                       BILLING CODE 9110–04–P
                                                    We have analyzed this rule under                         (2) Official Patrol means any vessel
                                                  Department of Homeland Security                         assigned or approved by Commander,


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Document Created: 2018-02-26 10:10:48
Document Modified: 2018-02-26 10:10:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective on September 27, 2015 only.
ContactIf 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 [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 52996 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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