[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Rules and Regulations]
[Pages 30650-30652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10138]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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), Sector North Carolina, or a designated 
representative.

DATES: This rule is effective May 12, 2023. The Coast Guard will 
enforce the safety zone in this rule on May 13, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0050 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; 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

    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 a.m. 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).
    In response, on March 30, 2023, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled ``Safety Zone; Gallants Channel, 
Beaufort, NC'' (88 FR 19027). There we stated why we issued the NPRM 
and invited comments on our proposed regulatory action related to this 
swimming event. During the comment period that ended May 1, 2023, we 
received no comments.
    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 contrary to public interest because immediate action 
is needed to protect non-participating persons, vessels, and 
participants against the hazards associated with restricted waterway 
during the swim portion of this triathlon.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
70034. The Captain of the Port, Sector North Carolina (COTP) has 
determined 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 swimmers, 
and to the vessels and others within the designated area, due to the 
large number of swimmers on the waterway during the swim portion of the 
triathlon. This rule is necessary to protect non-participating persons, 
vessels, and participants from the hazards associated with the event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published March 
30, 2023. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM. The safety zone will be enforced from 8 
a.m. 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

[[Page 30651]]

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).

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 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 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 received no comments from the Small Business 
Administration on this rulemaking. 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 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.
    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 does not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
safety zone lasting two hours that prohibits entry into portions of 
Gallants Channel in Beaufort, NC. It is 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 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.

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 165

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


[[Page 30652]]


    For the reasons discussed in the preamble, the Coast Guard amends 
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 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).
    (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 a.m. 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: May 5, 2023.
Matthew J. Baer,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2023-10138 Filed 5-11-23; 8:45 am]
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