[Federal Register Volume 87, Number 172 (Wednesday, September 7, 2022)]
[Rules and Regulations]
[Pages 54615-54618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19309]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0467]
RIN 1625-AA08


Special Local Regulation; Atlantic Intracoastal Waterway, 
Morehead City, NC

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation (SLR) for certain navigable waters of the Atlantic 
Intracoastal Waterway (AICW) and Beaufort Inlet in Morehead City, North 
Carolina. This SLR restricts vessel traffic on the AICW and Beaufort 
Inlet during high-speed boat races. The restriction of vessel traffic 
movement in the SLR is to protect participants and spectators from the 
hazards posed by these events. Entry of vessels or persons into this 
regulated area is prohibited unless specifically authorized by the 
Captain of the Port (COTP) North Carolina or a designated 
representative.

DATES: This rule is effective from 10 a.m. on September 9, 2022, until 
4 p.m. on September 11, 2022. The SLR will be enforced from 10 a.m. to 
4 p.m. on September 9, 2022, and those same hours on September 11, 
2022.

ADDRESSES: To view documents mentioned in this preamble as being

[[Page 54616]]

available in the docket, go to https://www.regulations.gov, type USCG-
2022-0467 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Ken Farah, Waterways Management Division, 
U.S. Coast Guard Sector North Carolina, Wilmington, NC; telephone 910-
772-2221, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it would be impracticable and 
contrary to the public interest. The Coast Guard was unable to publish 
an NPRM and hold a comment period for this rulemaking due to the short 
time period from the event and required publication of this rule. 
Immediate action is needed to protect persons and vessels from the 
hazards associated with this event. A final rule needs to be in place 
by September 10, 2022, to minimize potential danger to the participants 
and the public during the event.
    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 impracticable and contrary to public interest 
because immediate action is needed to protect persons and vessels from 
the hazards associated with this event on September 9 and 11, 2022.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The COTP North Carolina has determined that potential hazards 
associated with the Crystal Coast Grand Prix race, scheduled for 10 
a.m. through 4 p.m. on September 9, 2022, and those same hours on 
September 11, 2022, is a safety concern for mariners during a high 
speed boat race on portions of the Atlantic Intra Coastal Waterway 
(AICW) and Beaufort Inlet in Morehead City, North Carolina. This rule 
is necessary to protect safety of life from the potential hazards 
associated with the high-speed boat race.

IV. Discussion of the Rule

    This rule establishes an SLR on a portion of the AICW and Beaufort 
Inlet from 10 a.m. on September 9, 2022, until 4 p.m. on September 11, 
2022. The SLR will be enforced from 10 a.m. to 4 p.m. on September 9, 
2022, and those same hours on September 11, 2022. The time of 
enforcement will be broadcast locally over VHF-FM marine radio.
    The regulated area encompases 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 within the 
regulated area and their definitions. These areas include ``Race 
Area,'' ``Spectator Area,'' and ``Buffer Area.''
    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 boat race, scheduled from 10 a.m. to 4 p.m. on 
September 9, 2022, and September 11, 2022. 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 must get permission from the COTP 
or Event PATCOM to remain in the regulated area and before entering the 
regulated area. Vessel operators must 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 transit the 
regulated area once the Event PATCOM deems it safe to do so. A vessel 
within the regulated area must 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 will be considered a 
spectator. Official Patrols are 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. Vessels must operate at a 
safe speed that minimizes wake while within the regulated area. A 
spectator vessel must not loiter within the Race area, Buffer Zone, or 
navigable channel while 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 duration of this SLR is intended to protect participants and 
spectators on the navigable waters of the AICW and Beafort Inlet during 
the high-speed boat race. Vessels may 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. The regulatory text 
appears at the end of this document.

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

[[Page 54617]]

benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
This rule has not been designated a ``significant regulatory action,'' 
under Executive Order 12866. Accordingly, this rule has not been 
reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, and duration of the SLR. Vessel traffic will 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 4 p.m. on both September 10, 
2022, and September 12, 2022. The Coast Guard will transmit a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 regarding the 
enforcement period of the SLR. This rule allows vessels to request 
permission to pass through the regulated area between race heats.

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 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 will 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. It will be enforced a total 
of 6 hours while in effect. It is categorically excluded from further 
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A Memorandum for 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:

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. Add Sec.  100.T05-0467 to read as follows:


Sec.  100.T05-0467  Crystal Coast Grand Prix, Morehead City, NC.

    (a) Regulated areas. The regulations in this section apply to the 
following areas:
    (1) Race area. The race area is all navigable waters of the 
Atlantic Intracoastal Waterway (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.

[[Page 54618]]

    (2) Spectator area. The spectator area is 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.
    (3) Buffer area. The buffer area is 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.
    (b) Definitions. As used in this section--
    Buffer area is a neutral area that surrounds the perimeter of the 
race area within the regulated area described by this section. The 
purpose of a buffer area is to minimize potential collision conflicts 
with marine event participants and spectator vessels or nearby 
transiting vessels. This area provides separation between a race area 
and a specified spectator area or other vessels that are operating in 
the vicinity of the regulated area established by the special local 
regulation (SLR) in this section.
    Captain of the Port means the Commander, Sector North Carolina.
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard commissioned, warrant, or petty officer 
designated by the Captain of the Port North Carolina (COTP) for the 
enforcement of the safety zone.
    Spectator means a person or vessel not registered with the event 
sponsor as participants or assigned as official patrols.
    Spectator area is an area described by a line bound by coordinates 
provided in latitude and longitude that outlines the boundary of a 
spectator area within the regulated area defined by paragraph (a)(2) of 
this section.
    (c) Regulations. (1) Everyone other than participants are 
prohibited from entering, transiting through, anchoring in, or getting 
underway within the regulated area described in the race area in 
paragraph (a)(1) of this section unless authorized by the COTP North 
Carolina or their designated representative.
    (2) Everyone other than participants, including spectators, may be 
directed by a designated representative to the regulated area described 
in paragraph (a) of this section, where they must remain while the SLR 
in this section is being enforced unless otherwise authorized or 
directed by a designated representative.
    (3) To seek permission to enter the regulated area, contact the 
COTP by calling the Sector North Carolina Command Center at 910-343-
3882 or contact the COTP's designated representative on Marine band 
Radio, VHF-FM channel 16 (156.8 MHz). Those in the regulated area must 
comply with all lawful orders or directions given to them by the COTP 
or the designated representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the safety zone by Federal, State, and 
local agencies.
    (e) Enforcement. The SLR in this section will be enforced from 10 
a.m. through 4 p.m. on September 9, 2022, and those same hours on 
September 11, 2022.

    Dated: August 30, 2022.
Matthew J. Baer,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2022-19309 Filed 9-6-22; 8:45 am]
BILLING CODE 9110-04-P