Rule2023-10138
Safety Zone; Gallants Channel, Beaufort, NC
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 12, 2023
Effective
May 12, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a safety zone on the navigable waters of Gallants Channel, near Beaufort, NC. The safety zone is necessary to enhance the safety of mariners and participants during the swim portion of a triathlon. Entry of vessels or persons into this safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP), Sector North Carolina, or a designated representative.
Full Text
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<title>Federal Register, Volume 88 Issue 92 (Friday, May 12, 2023)</title>
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[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Rules and Regulations]
[Pages 30650-30652]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10138]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0050]
RIN 1625-AA00
Safety Zone; Gallants Channel, Beaufort, NC
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of Gallants Channel, near Beaufort, NC. The safety zone is
necessary to enhance the safety of mariners and participants during the
swim portion of a triathlon. Entry of vessels or persons into this
safety zone is prohibited unless specifically authorized by the Captain
of the Port (COTP), Sector North Carolina, or a designated
representative.
DATES: This rule is effective May 12, 2023. The Coast Guard will
enforce the safety zone in this rule on May 13, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0050 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; telephone 910-772-2221, email
<a href="/cdn-cgi/l/email-protection#751b161814071c1b101003101b010635000616125b181c19"><span class="__cf_email__" data-cfemail="97f9f4faf6e5fef9f2f2e1f2f9e3e4d7e2e4f4f0b9fafefb">[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
On February 1, 2023, the FS Series organization notified the Coast
Guard that it will be hosting the Crystal Coast Triathlon in Beaufort,
NC. The swim portion of this event will take place from 8 a.m. to 10
a.m. on the waters of Gallants Channel each year, on the second
Saturday in May. The swim portion of the Crystal Coast Triathlon will
consist of approximately 400 participants. The racecourse will be on
the waters of Gallants Channel and will run from the Route 70 Bridge in
Beaufort, NC, then North-West to Russel Slough Channel Day-Beacon 10
(LLNR34860).
In response, on March 30, 2023, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled ``Safety Zone; Gallants Channel,
Beaufort, NC'' (88 FR 19027). There we stated why we issued the NPRM
and invited comments on our proposed regulatory action related to this
swimming event. During the comment period that ended May 1, 2023, we
received no comments.
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 contrary to public interest because immediate action
is needed to protect non-participating persons, vessels, and
participants against the hazards associated with restricted waterway
during the swim portion of this triathlon.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
70034. The Captain of the Port, Sector North Carolina (COTP) has
determined the presence of vessels, and anyone else in or transiting
the designated area of Gallants Channel in Beaufort, NC during the swim
portion of the triathlon would pose a safety concern to the swimmers,
and to the vessels and others within the designated area, due to the
large number of swimmers on the waterway during the swim portion of the
triathlon. This rule is necessary to protect non-participating persons,
vessels, and participants from the hazards associated with the event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published March
30, 2023. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM. The safety zone will be enforced from 8
a.m. through 10 a.m., every second Saturday in May, although the
enforcement period would be subject to change. The safety zone will
include all navigable waters of Gallants Channel from the Route 70
Bridge in Beaufort, NC, at N
[[Page 30651]]
34[deg]43'38'', W 076[deg]40'04'' then North-West to Russel Slough
Channel Day-Beacon 10 (LLNR34860) at N 34[deg]43'58'', W
076[deg]40'27.5''. This area is typically used by recreational boaters.
No vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. To
request permission to transit the area, mariners can contact Coast
Guard Sector North Carolina Command Center at telephone number (910)
343-3882 or on-scene representatives on VHF-FM marine band radio
channel 16 (156.8 MHz).
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 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 safety zone. Vessel traffic will not be
able to safely transit around this safety zone, which will impact a
designated area of Gallants Channel in Beaufort, NC. The two-hour
enforcement period should not be overly burdensome to any vessel or
entity because it is not an area normally used for commercial vessel
traffic. The Coast Guard will issue a Broadcast Notice to Mariners
about the safety zone and about this rule, to notify vessels in the
region of the establishment of this regulation. The rule will allow
vessels to request permission from the COTP or a designated
representative to enter the zone if necessary.
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 received no comments from the Small Business
Administration on this rulemaking. 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 would 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 does not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting two hours that prohibits entry into portions of
Gallants Channel in Beaufort, NC. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration 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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
[[Page 30652]]
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS.
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.529 to read as follows:
Sec. 165.529 Safety Zone; Gallants Channel, Beaufort, NC.
(a) Definitions. For the purposes of this section--
Captain of the Port means the Commander, Coast Guard Sector North
Carolina.
Participant means an individual or vessel involved with the Crystal
Coast Triathlon.
Representative means any Coast Guard commissioned, warrant or petty
officer who has been authorized to act on the behalf of the Captain of
the Port.
(b) Location. The following area is a safety zone: all navigable
waters of Gallants Channel from the Route 70 Bridge in Beaufort, NC, at
N 34[deg]43'38'', W 076[deg]40'04'' then North-West to Russel Slough
Channel Day-Beacon 10 (LLNR34860) at N 34[deg]43'58'', W
076[deg]40'27.5''.
(c) Regulations. (1) The general regulations governing safety zones
in Sec. 165.23 apply to the area described in paragraph (b) of this
section.
(2) With the exception of the participants, entry into or remaining
in this safety zone is prohibited unless authorized by the COTP, Sector
North Carolina or a designated representative.
(3) No vessel may be present in the safety zone when it is subject
to enforcement, and any vessel in violation of that prohibition must
depart the zone immediately.
(4) The COTP North Carolina can be reached through the Coast Guard
Sector North Carolina Command Duty Officer, Wilmington, North Carolina,
at telephone number 910-343-3882.
(5) The Coast Guard can be contacted on VHF-FM marine band radio
channel 13 (165.65 MHz) and channel 16 (156.8 MHz).
(d) Enforcement. 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 period. This section will be enforced the second
Saturday in May, from 8 a.m. through 10 a.m. The enforcement period may
change, but a notice will be provided if there is a change in the
enforcement period.
Dated: May 5, 2023.
Matthew J. Baer,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2023-10138 Filed 5-11-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 12, 2023.
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