[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Rules and Regulations]
[Pages 67946-67950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21751]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation

[[Page 67947]]

(SLR) for certain navigable waters of the Atlantic Intracoastal 
Waterway (AICW) and Beaufort Inlet in Morehead City, North Carolina. 
This SLR, will be enforced annually for one weekend each September, and 
will restrict vessel traffic on the AICW and Beaufort Inlet during 
high-speed boat races. The restriction of vessel traffic movement in 
the SLR is for the purpose of protecting participants and spectators 
from the hazards posed by these events. Entry of vessels or persons 
into this regulated area will be prohibited unless specifically 
authorized by the Captain of the Port (COTP), North Carolina or a 
designated representative.

DATES: This rule is effective without actual notice October 3, 2023. 
For the purposes of enforcement this year, actual notice will be used 
from September 30, 2023 until October 3, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0510 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 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 [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

AICW Atlantic Intracoastal Waterway
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 Information and Regulatory History

    On March 13, 2023, NC East Sports, Inc. 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 each year. 
The racecourse encompasses approximately 1.5 square miles and will 
include all navigable waters of the AICW and 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. In response, on August 23, 2023, the 
Coast Guard published a notice of proposed rulemaking (NPRM) titled 
``Special Local Regulation; Atlantic Intracoastal Waterway, Morehead 
City, NC.'' There we stated why we had issued the NPRM and invited 
comments on our proposed regulatory action related to this high-speed 
boat race. During the comment period that ended September 22, 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 this high-speed boat race.

III. Legal Authority and Need for the Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. 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 rule will 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM. There are no 
changes in the regulatory text of this rule from that in the NPRM.
    This rule establishes a SLR which will 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 will encompass 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 that will 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 
will 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 will be able to safely

[[Page 67948]]

transit the regulated area once the Event PATCOM deemed it safe to do 
so. A vessel within the regulated area will have to 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 would be 
considered a spectator. Official Patrols will 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 will be allowed to enter the regulated area or pass directly 
through the regulated area as instructed. A spectator vessel will be 
prohibited from loitering within the Race Zone, Buffer Zone, or other 
portions of the navigable channel while it is 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 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 can 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.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
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, duration and time of day 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 for times as published each year on the 
second or last Friday, Saturday, and Sunday in September. The rule 
will, 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 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 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 on the Atlantic Intracoastal 
Waterway and Beaufort Inlet in Morehead City,

[[Page 67949]]

NC. It is categorically excluded from further review under paragraph 
L61of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 
1. A Record of Environmental Consideration 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.

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:
    For the reasons discussed in the preamble, the Coast Guard is 
proposing 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 the 
following event after the last entry to read as follows.


Sec.  100.501  Special Local Regulations; Marine Events Within the 
Fifth Coast Guard District.

* * * * *

                                           Table 4 to Paragraph (i)(4)
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               Event                        Regulated area         Enforcement period(s)          Sponsor
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                                                  * * * * * * *
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.



[[Page 67950]]

Timothy J. List,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2023-21751 Filed 10-2-23; 8:45 am]
BILLING CODE 9110-04-P