[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Proposed Rules]
[Pages 19027-19030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06637]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0050]
RIN 1625-AA00


Safety Zone; Gallants Channel, Beaufort, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a safety zone on the 
navigable waters of Gallants Channel near Beaufort, NC. The safety zone 
is necessary to enhance the safety of mariners and participants during 
the swim portion of a triathlon. Entry of vessels or persons into this 
safety zone is prohibited unless specifically authorized by the Captain 
of the Port (COTP) North Carolina or a designated

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representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 1, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0050 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; 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, Purpose, and Legal Basis

    On February 1, 2023, the FS Series organization notified the Coast 
Guard that it will be hosting the Crystal Coast Triathlon in Beaufort, 
NC. The swim portion of this event will take place from 8 to 10 a.m. on 
the waters of Gallants Channel each year on the second Saturday in May. 
The swim portion of the Crystal Coast Triathlon will consist of 
approximately 400 participants. The racecourse will be on the waters of 
Gallants Channel and will run from the Route 70 Bridge in Beaufort, NC, 
then North-West to Russel Slough Channel Day-Beacon 10 (LLNR34860). The 
Captain of the Port, Sector North Carolina (COTP) has determined that 
the presence of vessels and anyone else in or transiting the designated 
area of Gallants Channel in Beaufort, NC during the swim portion of the 
triathlon would pose a safety concern to the large number of swimmers 
on the waterway then, and to the vessels and 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. The Coast Guard is proposing this rulemaking under authority in 
46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 8 through 10 
a.m. every second Saturday in May, although the enforcement period 
would be subject to change. The safety zone will include all navigable 
waters of Gallants Channel from the Route 70 Bridge in Beaufort, NC, at 
N 34[deg]43'38'', W 076[deg]40'04'' then North-West to Russel Slough 
Channel Day-Beacon 10 (LLNR34860) at N 34[deg]43'58'', W 
076[deg]40'27.5.'' This area is typically used by recreational boaters. 
No vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. To 
request permission to transit the area, mariners can contact Coast 
Guard Sector North Carolina Command Center at telephone number (910) 
343-3882 or on-scene representatives on VHF-FM marine band radio 
channel 16 (156.8 MHz). 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 Executive Order 12866. 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 safety zone. Vessel traffic will not be 
able to safely transit around this safety zone, which will impact a 
designated area of Gallants Channel in Beaufort, NC. The two-hour 
enforcement period should not be overly burdensome to any vessel or 
entity because it is not an area normally used for commercial vessel 
traffic. The Coast Guard will issue a Broadcast Notice to Mariners 
about the safety zone and about this rule, to notify vessels in the 
region of the establishment of this regulation. The rule will allow 
vessels to request permission from the COTP or a designated 
representative to enter the zone if necessary.

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.
    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

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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 a safety 
zone lasting two hours that prohibits entry into portions of Gallants 
Channel in Beaufort, NC. Normally such actions are categorically 
excluded from further review under paragraph L60(a) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary 
Record of Environmental Consideration 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-2023-0050 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 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.529 to read as follows:


Sec.  165.529  Safety Zone: Gallants Channel, Beaufort, NC.

    (a) Definitions. For the purposes of this section--
    Captain of the Port means the Commander, Coast Guard Sector North 
Carolina.
    Participant means an individual or vessel involved with the Crystal 
Coast Triathlon.
    Representative means any Coast Guard commissioned, warrant or petty 
officer who has been authorized to act on the behalf of the Captain of 
the Port.
    (b) Location. The following area is a safety zone: all navigable 
waters of Gallants Channel from the Route 70 Bridge in Beaufort, NC, at 
N 34[deg]43'38'', W 076[deg]40'04'' then North-West to Russel Slough 
Channel Day-Beacon 10 (LLNR34860) at N 34[deg]43'58'', W 
076[deg]40'27.5''.
    (c) Regulations. (1) The general regulations governing safety zones 
in Sec.  165.23 apply to the area described in paragraph (b) of this 
section.
    (2) With the exception of the participants, entry into or remaining 
in this safety zone is prohibited unless authorized by the COTP, Sector 
North Carolina or a designated representative.
    (3) No vessel may be present in the safety zone when it is subject 
to enforcement, and any vessel in violation of that prohibition must 
depart the zone immediately.
    (4) The COTP North Carolina can be reached through the Coast Guard 
Sector North Carolina Command Duty Officer, Wilmington, North Carolina, 
at telephone[middot] number 910-343-3882.
    (5) The Coast Guard can be contacted on VHF-FM marine band radio 
channel 13 (165.65 MHz) and channel 16 (156.8 MHz).

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    (d) Enforcement. 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 period. This section will be enforced the second 
Saturday in May, from 8 through 10 a.m. The enforcement period may 
change, but a notice will be provided if there is a change in the 
enforcement period.

    Dated: March 27, 2023.
Matthew J. Baer,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2023-06637 Filed 3-29-23; 8:45 am]
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