57374 Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Proposed Rules 

Comments will be posted within a few 

days of being submitted. However, if 

large volumes of comments are being 

processed simultaneously, your 

comment may not be viewable for up to 

several weeks. Please keep the comment 

tracking number provided by https://

www.regulations.gov after you have 

successfully uploaded your comment. 

• Mail: Send written comments to the 

address listed in the ADDRESSES section 

of this document. Written comments 

must appear in minimum 12-point font 

size (.17 inches), include the 

commenter’s complete first and last 

name and full mailing address, and be 

signed. Written comments may be of 

any length. 

D. Request for Hearing 

Any interested person who desires an 

opportunity to comment orally at a 

public hearing should submit his or her 

request, in writing, to the Director of 

ATF within the 90-day comment period. 

The Director, however, reserves the 

right to determine, in light of all 

circumstances, whether a public hearing 

is necessary. 

Disclosure 

Copies of this proposed rule and the 

comments received will be available for 

public inspection through the Federal 

eRulemaking portal, https://

www.regulations.gov, or by appointment 

during normal business hours at the 

ATF Reading Room, Room 1E–062, 99 

New York Avenue NE, Washington, DC 

20226; telephone: (202) 648–8740. 

Drafting Information 

The author of this document is 

Shermaine Kenner, Office of Regulatory 

Affairs, Enforcement Programs and 

Services, Bureau of Alcohol, Tobacco, 

Firearms, and Explosives. 

List of Subjects in 27 CFR Part 555 

Administrative practice and 

procedure, Explosives, Freight, 

Hazardous substances, Imports, 

Penalties, Reporting and recordkeeping 

requirements, Safety, Security measures, 

Seizures and forfeitures, Transportation, 

Warehouses. 

Authority and Issuance 

Accordingly, for the reasons 

discussed in the preamble, the 

Department of Justice proposes to 

amend 27 CFR part 555 as follows: 

PART 555—COMMERCE IN 

EXPLOSIVES 

■ 1. The authority citation for 27 CFR 

part 555 continues to read as follows: 

Authority: 18 U.S.C. 847. 

■ 2. Amend § 555.201, by revising 

paragraph (f) to read as follows: 

§ 555.201 General. 

* * * * * 

(f) Any person who stores explosive 

materials shall notify the authority 

having jurisdiction for fire safety in the 

locality in which the explosive 

materials are being stored of the type of 

explosives, magazine capacity, and 

location of each site where such 

explosive materials are stored. 

Notification shall be made orally before 

the end of the day on which storage of 

the explosive materials commenced, 

and in writing within 48 hours from the 

time such storage commenced. 

Thereafter, written notification shall be 

made once every 12 months following 

the initial notification, but no later than 

the end of the month during which the 

12-month period is completed, unless 

the person is no longer storing explosive 

materials at the relevant site. When a 

person ceases to store explosive 

materials at a site, written notification to 

the authority having jurisdiction for fire 

safety in the locality in which the 

explosive materials were stored shall be 

made within 48 hours of the person 

discontinuing storage. Each written 

notification must also contain the name, 

title, and agency of the fire authority 

official notified and the date of the 

written notification. A copy of each 

written notification must be maintained 

by the person submitting the 

notification for five years from the date 

of notification and made available for 

examination or inspection by an ATF 

officer at all reasonable times. 

Dated: August 11, 2023. 

Merrick B. Garland, 

Attorney General. 

[FR Doc. 2023–18075 Filed 8–22–23; 8:45 am] 

BILLING CODE 4410–FY–P 

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. 

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 DecisionMaking Portal at https://

www.regulations.gov. 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 ncmarineevents@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ 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 


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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Proposed Rules 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°42′55′′N, longitude 

076°43′15′′W, then east to latitude 

34°42′56′′N, longitude 076°42′13′′W, 

then east to latitude 34°42′57′′N, 

longitude 076°41′41′′W, then east to 

latitude 34°42′57′′N, longitude 

076°41′25′′W, then south east to latitude 

34°42′23′′N, longitude 076°40′44′′W, 

then south to latitude 34°41′59′′N, 

longitude 076°40′43′′W, then north west 

to latitude 34°42′32′′N, longitude 

076°42′14′′W, then west to latitude 

34°42′32′′N, longitude 076°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. 


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57376 Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Proposed Rules 

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 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, 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 https://

www.regulations.gov, 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 https://

www.regulations.gov 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 https://www.regulations.gov 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 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. In § 100.501, amend table 4 to 

paragraph (i)(4) by adding a new entry 

at the end of the table to read as follows: 


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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Proposed Rules 57377 

§ 100.501 Special Local Regulations; 

Marine Events Within the Fifth Coast Guard 

District. 

* * * * * 

(i) * * * 

(4) * * * 

TABLE 4 TO PARAGRAPH (i)(4) 

Event Regulated area Enforcement 

period(s) Sponsor 

*******

Crystal Coast Grand Prix 

Powerboat Race.

All navigable waters of the AICW and Beaufort Inlet, 

North Carolina from approximate positions: latitude 

34°42′55′′ N, longitude 076°43′15′′ W, then east to 

latitude 34°42′56′′ N, longitude 076°42′13′′ W, then 

east to latitude 34°42′57′′ N, longitude 076°41′41′′ 

W, then east to latitude 34°42′57′′ N, longitude 

076°41′25′′ W, then south east to latitude 34°42′23′′ 

N, longitude 076°40′44′′ W, then south to latitude 

34°41′59′′ N, longitude 076°40′43′′ W, then north 

west to latitude 34°42′32′′ N, longitude 076°42′14′′ 

W, then west to latitude 34°42′32′′ N, longitude 

076°43′15′′ W, then north to its point of origin.

One consecutive Friday, 

Saturday, and/or Sunday 

in September.

NC East Sports, INC. 

Race area: All navigable waters of the AICW and 

Beaufort Inlet, North Carolina, from approximate positions: latitude 34°42′52′′ N, longitude 076°43′16′′ 

W, then east to latitude 34°42′52.2′′ N, longitude 

076°42′11.04′′ W, then east to latitude 34°42′53.76′′ 

N, longitude 076°41′38.04′′ W, then southeast to latitude 34°42′10.8′′ N, longitude 076°40′44.4′′ W, then 

south to latitude 34°42′4.3′′ N, longitude 

076°40′48.1′′ W, then northwest to latitude 

34°42′47.34′′ N, longitude 076°41′49′′ W, then west 

to latitude 34°42′50′′ N, longitude 076°43′16′′ W, 

then north to the point of origin.

Spectator area: All waters of the AICW, North Carolina, from approximate positions: latitude 34°42′42′′ 

N, longitude 076°43′15′′ W, then east to latitude 

34°42′41′′ N, longitude 076°42′14′′ W, then south to 

latitude 34°42′32′′ N. longitude 076°42′14′′ W, then 

west to latitude 34°42′32′′ N, longitude 076°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°42′55′′ N, longitude 076°43′15′′ W, then east to 

latitude 34°42′56′′ N, longitude 076°42′13′′ W, then 

east to latitude 34°42′57′′ N, longitude 076°41′41′′ 

W, then east to latitude 34°42′57′′ N, longitude 

076°41′25′′ W, then south east to latitude 34°42′23′′ 

N, longitude 076°40′44′′ W, then south to latitude 

34°41′59′′ N, longitude 076°40′43′′ W, then north 

west to latitude 34°42′41′′ N, longitude 076°42′05′′ 

W, then west to latitude 34°42′42′′ N, longitude 

076°43′15′′ W, then north to its point of origin.

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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