Rule2023-21751
Special Local Regulation; Atlantic Intracoastal Waterway, Morehead City, 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
October 3, 2023
Effective
October 3, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing 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, will be enforced annually for one weekend each September, and will restrict vessel traffic on the AICW and Beaufort Inlet during high-speed boat races. The restriction of vessel traffic movement in the SLR is for the purpose of protecting participants and spectators from the hazards posed by these events. Entry of vessels or persons into this regulated area will be 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 88 Issue 190 (Tuesday, October 3, 2023)</title>
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[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Rules and Regulations]
[Pages 67946-67950]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21751]
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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: Final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation
[[Page 67947]]
(SLR) for certain navigable waters of the Atlantic Intracoastal
Waterway (AICW) and Beaufort Inlet in Morehead City, North Carolina.
This SLR, will be enforced annually for one weekend each September, and
will restrict vessel traffic on the AICW and Beaufort Inlet during
high-speed boat races. The restriction of vessel traffic movement in
the SLR is for the purpose of protecting participants and spectators
from the hazards posed by these events. Entry of vessels or persons
into this regulated area will be prohibited unless specifically
authorized by the Captain of the Port (COTP), North Carolina or a
designated representative.
DATES: This rule is effective without actual notice October 3, 2023.
For the purposes of enforcement this year, actual notice will be used
from September 30, 2023 until October 3, 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-
2023-0510 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 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#7c121f111d0e151219190a1912080f3c090f1f1b52111510"><span class="__cf_email__" data-cfemail="4e202d232f3c27202b2b382b203a3d0e3b3d2d2960232722">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AICW Atlantic Intracoastal Waterway
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 Information and Regulatory History
On March 13, 2023, NC East Sports, Inc. 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 each year.
The racecourse encompasses approximately 1.5 square miles and will
include all navigable waters of the AICW and 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. In response, on August 23, 2023, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Special Local Regulation; Atlantic Intracoastal Waterway, Morehead
City, NC.'' There we stated why we had issued the NPRM and invited
comments on our proposed regulatory action related to this high-speed
boat race. During the comment period that ended September 22, 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 this high-speed boat race.
III. Legal Authority and Need for the Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. 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 rule will 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM. There are no
changes in the regulatory text of this rule from that in the NPRM.
This rule establishes a SLR which will 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 will encompass 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 that will 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
will 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 will be able to safely
[[Page 67948]]
transit the regulated area once the Event PATCOM deemed it safe to do
so. A vessel within the regulated area will have to 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 would be
considered a spectator. Official Patrols will 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 will be allowed to enter the regulated area or pass directly
through the regulated area as instructed. A spectator vessel will be
prohibited from loitering within the Race Zone, Buffer Zone, or other
portions of the navigable channel while it is 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 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 can 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.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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, duration and time of day 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 for times as published each year on the
second or last Friday, Saturday, and Sunday in September. The rule
will, 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 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 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 on the Atlantic Intracoastal
Waterway and Beaufort Inlet in Morehead City,
[[Page 67949]]
NC. It is categorically excluded from further review under paragraph
L61of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev.
1. A Record of Environmental Consideration 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.
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:
For the reasons discussed in the preamble, the Coast Guard is
proposing 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 the
following event after the last entry to read as follows.
Sec. 100.501 Special Local Regulations; Marine Events Within the
Fifth Coast Guard District.
* * * * *
Table 4 to Paragraph (i)(4)
----------------------------------------------------------------------------------------------------------------
Event Regulated area Enforcement period(s) Sponsor
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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.
[[Page 67950]]
Timothy J. List,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2023-21751 Filed 10-2-23; 8:45 am]
BILLING CODE 9110-04-P
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