Rule2022-19309
Special Local Regulation; Atlantic Intracoastal Waterway, Morehead City, NC
Primary source
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Published
September 7, 2022
Effective
September 9, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation (SLR) for certain navigable waters of the Atlantic Intracoastal Waterway (AICW) and Beaufort Inlet in Morehead City, North Carolina. This SLR restricts vessel traffic on the AICW and Beaufort Inlet during high-speed boat races. The restriction of vessel traffic movement in the SLR is to protect participants and spectators from the hazards posed by these events. Entry of vessels or persons into this regulated area is prohibited unless specifically authorized by the Captain of the Port (COTP) North Carolina or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 172 (Wednesday, September 7, 2022)</title>
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[Federal Register Volume 87, Number 172 (Wednesday, September 7, 2022)]
[Rules and Regulations]
[Pages 54615-54618]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19309]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2022-0467]
RIN 1625-AA08
Special Local Regulation; Atlantic Intracoastal Waterway,
Morehead City, NC
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation (SLR) for certain navigable waters of the Atlantic
Intracoastal Waterway (AICW) and Beaufort Inlet in Morehead City, North
Carolina. This SLR restricts vessel traffic on the AICW and Beaufort
Inlet during high-speed boat races. The restriction of vessel traffic
movement in the SLR is to protect participants and spectators from the
hazards posed by these events. Entry of vessels or persons into this
regulated area is prohibited unless specifically authorized by the
Captain of the Port (COTP) North Carolina or a designated
representative.
DATES: This rule is effective from 10 a.m. on September 9, 2022, until
4 p.m. on September 11, 2022. The SLR will be enforced from 10 a.m. to
4 p.m. on September 9, 2022, and those same hours on September 11,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
[[Page 54616]]
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0467 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Ken Farah, Waterways Management Division,
U.S. Coast Guard Sector North Carolina, Wilmington, NC; telephone 910-
772-2221, email <a href="/cdn-cgi/l/email-protection#e18f828c8093888f848497848f9592a194928286cf8c888d"><span class="__cf_email__" data-cfemail="ea8489878b9883848f8f9c8f849e99aa9f99898dc4878386">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 because it would be impracticable and
contrary to the public interest. The Coast Guard was unable to publish
an NPRM and hold a comment period for this rulemaking due to the short
time period from the event and required publication of this rule.
Immediate action is needed to protect persons and vessels from the
hazards associated with this event. A final rule needs to be in place
by September 10, 2022, to minimize potential danger to the participants
and the public during the event.
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. Delaying the effective date of
this rule would be impracticable and contrary to public interest
because immediate action is needed to protect persons and vessels from
the hazards associated with this event on September 9 and 11, 2022.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The COTP North Carolina has determined that potential hazards
associated with the Crystal Coast Grand Prix race, scheduled for 10
a.m. through 4 p.m. on September 9, 2022, and those same hours on
September 11, 2022, is a safety concern for mariners during a high
speed boat race on portions of the Atlantic Intra Coastal Waterway
(AICW) and Beaufort Inlet in Morehead City, North Carolina. This rule
is necessary to protect safety of life from the potential hazards
associated with the high-speed boat race.
IV. Discussion of the Rule
This rule establishes an SLR on a portion of the AICW and Beaufort
Inlet from 10 a.m. on September 9, 2022, until 4 p.m. on September 11,
2022. The SLR will be enforced from 10 a.m. to 4 p.m. on September 9,
2022, and those same hours on September 11, 2022. The time of
enforcement will be broadcast locally over VHF-FM marine radio.
The regulated area encompases approximately 1.5 square miles and
will include all navigable waters of the AICW and Beaufort Inlet, North
Carolina, from approximate positions: latitude 34[deg]42'55'' N,
longitude 076[deg]43'15'' W, then east to latitude 34[deg]42'56'' N,
longitude 076[deg]42'13'' W, then east to latitude 34[deg]42'57'' N,
longitude 076[deg]41'41'' W, then east to latitude 34[deg]42'57'' N,
longitude 076[deg]41'25'' W, then south east to latitude 34[deg]42'23''
N, longitude 076[deg]40'44'' W, then south to latitude 34[deg]41'59''
N, longitude 076[deg]40'43'' W, then north west to latitude
34[deg]42'32'' N, longitude 076[deg]42'14'' W, then west to latitude
34[deg]42'32'' N, longitude 076[deg]43'15'' W, then north to its point
of origin.
This SLR provides additional information about areas within the
regulated area and their definitions. These areas include ``Race
Area,'' ``Spectator Area,'' and ``Buffer Area.''
The size of the regulated area is intended to ensure the safety of
life on these navigable waters before, during, and after activities
associated with the boat race, scheduled from 10 a.m. to 4 p.m. on
September 9, 2022, and September 11, 2022. The COTP and the Coast Guard
Event Patrol Commander (PATCOM) have authority to forbid and control
the movement of all vessels and persons, including event participants,
in the regulated area. When hailed or signaled by an official patrol, a
vessel or person in the regulated area must immediately comply with the
directions given by the COTP or Event PATCOM. If a person or vessel
fails to follow such directions, the Coast Guard may expel them from
the area, issue them a citation for failure to comply, or both.
Except for Crystal Coast Grand Prix race participants and vessels
already at berth, a vessel or person must get permission from the COTP
or Event PATCOM to remain in the regulated area and before entering the
regulated area. Vessel operators must request permission to enter and
transit through the regulated area by contacting the Event PATCOM on
VHF-FM channel 16. Vessel traffic will be able to safely transit the
regulated area once the Event PATCOM deems it safe to do so. A vessel
within the regulated area must operate at safe speed that minimizes
wake. A person or vessel not registered with the event sponsor as a
participant or assigned as official patrols will be considered a
spectator. Official Patrols are any vessel assigned or approved by the
Commander, Coast Guard Sector North Carolina with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
Official Patrols enforcing this regulated area can be contacted on VHF-
FM channel 16 and channel 22A.
If permission is granted by the COTP or Event PATCOM, a person or
vessel will be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels must operate at a
safe speed that minimizes wake while within the regulated area. A
spectator vessel must not loiter within the Race area, Buffer Zone, or
navigable channel while within the regulated area. Official patrol
vessels will direct spectators to the designated spectator area. Only
participant vessels will be allowed to enter the Race Area, and the
Buffer Zone, if necessary.
The duration of this SLR is intended to protect participants and
spectators on the navigable waters of the AICW and Beafort Inlet during
the high-speed boat race. Vessels may request permission to pass
through the SLR between race heats. No vessel or person will be
permitted to enter the SLR without obtaining permission from the COTP
North Carolina or a designated representative. The regulatory text
appears at the end of this document.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and
[[Page 54617]]
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
This rule has not been designated a ``significant regulatory action,''
under Executive Order 12866. Accordingly, this rule has not been
reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the SLR. Vessel traffic will not be allowed
to enter or transit a portion of the AICW or Beaufort Inlet during an
active race event from 10 a.m. through 4 p.m. on both September 10,
2022, and September 12, 2022. The Coast Guard will transmit a Broadcast
Notice to Mariners via VHF-FM marine channel 16 regarding the
enforcement period of the SLR. This rule allows vessels to request
permission to pass through the regulated area between race heats.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(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 an SLR
to be enforced during active race events. It will be enforced a total
of 6 hours while in effect. It is categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Memorandum for Record supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T05-0467 to read as follows:
Sec. 100.T05-0467 Crystal Coast Grand Prix, Morehead City, NC.
(a) Regulated areas. The regulations in this section apply to the
following areas:
(1) Race area. The race area is all navigable waters of the
Atlantic Intracoastal Waterway (AICW) and Beaufort Inlet, North
Carolina, from approximate positions: latitude 34[deg]42'52'' N,
longitude 076[deg]43'16'' W, then east to latitude 34[deg]42'52.2'' N,
longitude 076[deg]42'11.04'' W, then east to latitude 34[deg]42'53.76''
N, longitude 076[deg]41'38.04'' W, then southeast to latitude
34[deg]42'10.8'' N, longitude 076[deg]40'44.4'' W, then south to
latitude 34[deg]42'4.3'' N, longitude 076[deg]40'48.1'' W, then
northwest to latitude 34[deg]42'47.34'' N, longitude 076[deg]41'49'' W,
then west to latitude 34[deg]42'50'' N, longitude 076[deg]43'16'' W,
then north to the point of origin.
[[Page 54618]]
(2) Spectator area. The spectator area is all waters of the AICW,
North Carolina, from approximate positions: latitude 34[deg]42'42'' N,
longitude 076[deg]43'15'' W, then east to latitude 34[deg]42'41'' N,
longitude 076[deg]42'14'' W, then south to latitude 34[deg]42'32'' N,
longitude 076[deg]42'14'' W, then west to latitude 34[deg]42'32'' N,
longitude 076[deg]43'15'' W, then north to the point of origin.
(3) Buffer area. The buffer area is all waters of the AICW and
Beaufort Inlet, North Carolina, from approximate positions: latitude
34[deg]42'55'' N, longitude 076[deg]43'15'' W, then east to latitude
34[deg]42'56'' N, longitude 076[deg]42'13'' W, then east to latitude
34[deg]42'57'' N, longitude 076[deg]41'41'' W, then east to latitude
34[deg]42'57'' N, longitude 076[deg]41'25'' W, then south east to
latitude 34[deg]42'23'' N, longitude 076[deg]40'44'' W, then south to
latitude 34[deg]41'59'' N, longitude 076[deg]40'43'' W, then north west
to latitude 34[deg]42'41'' N, longitude 076[deg]42'05'' W, then west to
latitude 34[deg]42'42'' N, longitude 076[deg]43'15'' W, then north to
its point of origin.
(b) Definitions. As used in this section--
Buffer area is a neutral area that surrounds the perimeter of the
race area within the regulated area described by this section. The
purpose of a buffer area is to minimize potential collision conflicts
with marine event participants and spectator vessels or nearby
transiting vessels. This area provides separation between a race area
and a specified spectator area or other vessels that are operating in
the vicinity of the regulated area established by the special local
regulation (SLR) in this section.
Captain of the Port means the Commander, Sector North Carolina.
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard commissioned, warrant, or petty officer
designated by the Captain of the Port North Carolina (COTP) for the
enforcement of the safety zone.
Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
Spectator area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
spectator area within the regulated area defined by paragraph (a)(2) of
this section.
(c) Regulations. (1) Everyone other than participants are
prohibited from entering, transiting through, anchoring in, or getting
underway within the regulated area described in the race area in
paragraph (a)(1) of this section unless authorized by the COTP North
Carolina or their designated representative.
(2) Everyone other than participants, including spectators, may be
directed by a designated representative to the regulated area described
in paragraph (a) of this section, where they must remain while the SLR
in this section is being enforced unless otherwise authorized or
directed by a designated representative.
(3) To seek permission to enter the regulated area, contact the
COTP by calling the Sector North Carolina Command Center at 910-343-
3882 or contact the COTP's designated representative on Marine band
Radio, VHF-FM channel 16 (156.8 MHz). Those in the regulated area must
comply with all lawful orders or directions given to them by the COTP
or the designated representative.
(d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
(e) Enforcement. The SLR in this section will be enforced from 10
a.m. through 4 p.m. on September 9, 2022, and those same hours on
September 11, 2022.
Dated: August 30, 2022.
Matthew J. Baer,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2022-19309 Filed 9-6-22; 8:45 am]
BILLING CODE 9110-04-P
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