[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).
[[Page 19030]]
(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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