[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 [www.gpo.gov]
[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 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 <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 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

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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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.
----------------------------------------------------------------------------------------------------------------
\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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