Proposed Rule2023-18172
Special Local Regulation; Atlantic Intracoastal Waterway, Morehead City, NC
Primary source
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Published
August 23, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a special local regulation (SLR) for certain navigable waters of the Atlantic Intracoastal Waterway (AICW) and Beaufort Inlet in Morehead City, North Carolina. This SLR, which would be enforced annually for one weekend each September, would restrict vessel traffic on the AICW and Beaufort Inlet during high-speed boat races. The restriction of vessel traffic movement in the SLR is proposed for the purpose of protecting participants and spectators from the hazards posed by these events. Entry of vessels or persons into this regulated area would be prohibited unless specifically authorized by the Captain of the Port (COTP), North Carolina or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 88 Issue 162 (Wednesday, August 23, 2023)</title>
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[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Proposed Rules]
[Pages 57374-57377]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18172]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0510]
RIN 1625-AA08
Special Local Regulation; Atlantic Intracoastal Waterway,
Morehead City, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a special local
regulation (SLR) for certain navigable waters of the Atlantic
Intracoastal Waterway (AICW) and Beaufort Inlet in Morehead City, North
Carolina. This SLR, which would be enforced annually for one weekend
each September, would restrict vessel traffic on the AICW and Beaufort
Inlet during high-speed boat races. The restriction of vessel traffic
movement in the SLR is proposed for the purpose of protecting
participants and spectators from the hazards posed by these events.
Entry of vessels or persons into this regulated area would be
prohibited unless specifically authorized by the Captain of the Port
(COTP), North Carolina or a designated representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 22, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0510 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, 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#bdd3ded0dccfd4d3d8d8cbd8d3c9cefdc8cededa93d0d4d1"><span class="__cf_email__" data-cfemail="83ede0eee2f1eaede6e6f5e6edf7f0c3f6f0e0e4adeeeaef">[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
SLR Special Local Regulation
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On March 13, 2023, the NC East Sports, Inc organization notified
the Coast Guard that it will be hosting the Crystal Coast Grand Prix
powerboat race in Morehead City, NC. This high speed boat race will
take place from 10 a.m. to 6 p.m. on the waters of the Atlantic
Intracoastal Waterway (AICW) and Beaufort Inlet each year on one
consecutive Friday, Saturday, and/or Sunday in September. It is
anticipated that approximately 60 high speed vessels will be
participating. The racecourse encompasses approximately 1.5 square
miles and will include all navigable waters of the AICW and
[[Page 57375]]
Beaufort Inlet, North Carolina from approximate positions more
particularly described in the discussion (paragraph III of this
preamble), below. The Captain of the Port, Sector North Carolina (COTP)
has determined that the presence of vessels not associated with the
race, and anyone else in or transiting the designated area of the AICW
and Beaufort Inlet in Morehead City, NC during the high speed vessel
race would pose a safety concern to the participating vessels, and to
spectators of the event, as well as to others within the designated
area. The purpose of this rulemaking is to ensure the safety of
vessels, participants, and other persons from the hazards associated
with the event.
This proposed rule would modify 33 CFR 100.501 by listing a new
recurring marine event in Table 4 to Paragraph (i)(4), which covers the
Coast Guard Sector North Caroline--COTP Zone. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish a SLR which would be enforced on
a portion of the AICW and Beaufort Inlet from 10 a.m. until 6 p.m. each
year on one consecutive Friday, Saturday, and/or Sunday in September.
The times of enforcement would be broadcast locally over VHF-FM marine
radio via a Broadcast Notice to Mariners (BNM), Marine Safety
Information Bulletin (MSIB), and Local Notice to Mariners (LNM).
The regulated area would encompass approximately 1.5 square miles
and would 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 that would be
included within the regulated area, including their definitions. These
areas include ``Race Area,'' ``Spectator Area,'' and ``Buffer Zone.''
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 high speed boat race. 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 would have to get permission from
the COTP or Event PATCOM to remain in the regulated area during an
enforcement period or to enter the regulated area. Vessel operators
would be required to request permission to enter and transit through
the regulated area by contacting the Event PATCOM on VHF-FM channel 16.
Vessel traffic would be able to safely transit the regulated area once
the Event PATCOM deemed it safe to do so. A vessel within the regulated
area would have to operate at safe speed that minimized wake. A person
or vessel not registered with the event sponsor as a participant or
assigned as official patrols would be considered a spectator. Official
Patrols would include 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 would be allowed to enter the regulated area or pass directly
through the regulated area as instructed. A spectator vessel would be
prohibited from loitering within the Race Zone, Buffer Zone, or other
portions of the navigable channel while it was within the regulated
area. Official patrol vessels would direct spectators to the designated
spectator area. Only participant vessels would be allowed to enter the
Race Area, and the Buffer Zone, if necessary.
The proposed duration of this SLR is intended to protect
participants and spectators on the navigable waters of the AICW and
Beaufort Inlet during the high-speed boat race. Vessels could request
permission to pass through the SLR between race heats. No vessel or
person would be permitted to enter the SLR without obtaining permission
from the COTP North Carolina or a designated representative. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM 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 would 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 6 p.m. each year on the second
or last Friday, Saturday, and Sunday in September. The rule would,
however, allow vessels to request permission to pass through the
regulated area between race heats. The Coast Guard will transmit a BNM
via VHF-FM marine channel 16, publish an MSIB, and post a LNM regarding
the enforcement period of the SLR.
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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
[[Page 57376]]
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves an SLR to
be enforced during active race events. Normally such actions are
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary Memorandum for the Record supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2023-0510 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. In Sec. 100.501, amend table 4 to paragraph (i)(4) by adding a new
entry at the end of the table to read as follows:
[[Page 57377]]
Sec. 100.501 Special Local Regulations; Marine Events Within the
Fifth Coast Guard District.
* * * * *
(i) * * *
(4) * * *
Table 4 to Paragraph (i)(4)
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Event Regulated area Enforcement period(s) Sponsor
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* * * * * * *
Crystal Coast Grand Prix Powerboat All navigable waters of the One consecutive NC East Sports, INC.
Race. AICW and Beaufort Inlet, Friday, Saturday, and/
North Carolina from or Sunday in
approximate positions: September.
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.
Race area: All navigable
waters of the 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.
Spectator area: 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.
Buffer zone: 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.
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\1\ As noted, the enforcement dates and times for each of the listed events in this table are subject to change.
In the event of a change, or for enforcement periods listed that do not allow a specific date or dates to be
determined, the Captain of the Port will provide notice to the public by publishing a Notice of Enforcement in
the Federal Register, as well as, issuing a Broadcaster Notice to Mariner.
Dated: August 14, 2023.
Timothy J. List,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2023-18172 Filed 8-22-23; 8:45 am]
BILLING CODE 9110-04-P
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