Safety Zone; Gallants Channel, Beaufort, NC, 19027-19030 [2023-06637]
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Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Proposed Rules
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Submit written/paper submissions as
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as detailed in ‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2023–N–0437 for ‘‘Filing of Color
Additive Petition from Center for
Science in the Public Interest, et al.;
Request to Revoke Color Additive
Listing for Use of FD&C Red No. 3 in
Food and Ingested Drugs.’’ Received
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VerDate Sep<11>2014
16:50 Mar 29, 2023
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FOR FURTHER INFORMATION CONTACT:
Shayla West-Barnette, Center for Food
Safety and Applied Nutrition, Food and
Drug Administration, 5001 Campus Dr.,
College Park, MD 20740, 240–402–1262.
SUPPLEMENTARY INFORMATION: In the
Federal Register of February 17, 2023
(88 FR 10245), we published a notice of
filing of a color additive petition with a
60-day comment period. We explained
that, under section 721(d)(1) of the
Federal Food, Drug, and Cosmetic Act
(FD&C Act) (21 U.S.C. 379e(d)(1)), we
were giving notice that we had filed a
color additive petition (CAP 3C0323),
submitted by Center for Science in the
Public Interest, Breast Cancer
Prevention Partners, Center for
Environmental Health, Center for Food
Safety, Chef Ann Foundation,
Children’s Advocacy Institute,
Consumer Federation of America,
Consumer Reports, Defend Our Health,
Environmental Defense Fund,
Environmental Working Group,
Feingold Association of the United
States, Food & Water Watch, Healthy
Babies Bright Futures, Life Time
Foundation, Momsrising, Prevention
Institute, Public Citizen, Public Health
Institute, Public Interest Research
Group, Real Food for Kids, Lisa Y.
Lefferts, Linda S. Birnbaum, and Philip
J. Landrigan, c/o Jensen Jose, 1250 I
Street NW, Suite 500, Washington, DC
20005. The color additive petition
proposes that we repeal the color
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additive regulations for FD&C Red No.
3 in 21 CFR 74.303, which permits the
use of FD&C Red No. 3 in foods
(including dietary supplements), and 21
CFR 74.1303, which permits the use of
FD&C Red No. 3 in ingested drugs.
We have received a request for a 60day extension of the comment period for
the color additive petition The request
conveyed concern that the current 60day comment period does not allow
sufficient time to develop a thoughtful
response to the color additive petition.
FDA has considered the request and
is extending the comment period for the
color additive petition until May 18,
2023. We believe that a 30-day
extension allows adequate time for
interested persons to submit comments
without significantly delaying a
response to this petition.
We also clarify a statement in the
notice of filing. In describing the
petitioners’ claim that the action they
sought in their petition is categorically
excluded under our environmental
regulations at § 25.32 (21 CFR 25.32), we
referred only to a categorical exclusion
for food packaging (88 FR 10245 at
10246). The regulation we cited,
§ 25.32(m), categorically excludes an
action to prohibit or otherwise restrict
or reduce the use of a substance in food,
food packaging, or cosmetics.
Dated: March 27, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023–06579 Filed 3–29–23; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0050]
RIN 1625–AA00
Safety Zone; Gallants Channel,
Beaufort, NC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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
SUMMARY:
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Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Proposed Rules
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 DecisionMaking 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.
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 ncmarineevents@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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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.
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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°43′38″, W 076°40′04″ then
North-West to Russel Slough Channel
Day-Beacon 10 (LLNR34860) at N
34°43′58″, W 076°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.
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.
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.
II. Background, Purpose, and Legal
Basis
16:50 Mar 29, 2023
B. Impact on Small Entities
IV. Regulatory Analyses
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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III. Discussion of Proposed Rule
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.
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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.
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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.
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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
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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
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.
■
2. Add § 165.529 to read as follows:
§ 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°43′38″,
W 076°40′04″ then North-West to Russel
Slough Channel Day-Beacon 10
(LLNR34860) at N 34°43′58″, W
076°40′27.5″.
(c) Regulations. (1) The general
regulations governing safety zones in
§ 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).
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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]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2023–0012, FRL–10612–
01–R10]
Air Plan Approval; Idaho: Inspection
and Maintenance Program Removal
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to approve
revisions to the Idaho State
Implementation Plan (SIP) submitted by
the State of Idaho (Idaho or the State) on
December 29, 2022. The proposed
revision, applicable in the BoiseNorthern Ada County Carbon Monoxide
area (Northern Ada County CO area) in
Idaho, removes the Inspection and
Maintenance (I/M) program, which was
previously approved into the SIP for use
as a control measure in the State’s plan
to address motor vehicle emissions in
the nonattainment area. The SIP
submission includes a demonstration
that the requested revision will not
interfere with attainment or
maintenance of any national ambient air
quality standard (NAAQS) or with any
other applicable requirement of the
Clean Air Act (CAA or Act). The EPA
evaluated whether this SIP revision
would interfere with the requirements
of the CAA and is proposing to
determine that Idaho’s December 29,
2022, SIP revision is consistent with the
applicable portions of the CAA.
DATES: Comments must be received on
or before May 1, 2023.
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SUMMARY:
1 Under CAA section 107(d)(1)(C), any area that
was designated nonattainment before enactment of
the Clean Air Act Amendments of 1990 was to
retain the designation upon enactment by operation
of law. The CO nonattainment areas that had not
violated the CO standard in either year of the twoyear period 1988–1989 were to be designated
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16:50 Mar 29, 2023
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Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2023–0012, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
electronically submit any information
you consider to be Confidential
Business Information (CBI) or other
information the disclosure of which is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Claudia Vaupel, EPA Region 10 at (206)
553–6121, or vaupel.claudia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means
the EPA.
ADDRESSES:
I. Background
Each state has a SIP containing the
control measures and strategies used to
attain and maintain the NAAQS
established by the EPA for the six
criteria pollutants (carbon monoxide
(CO); nitrogen dioxide (NO2); ozone
(O3); sulfur dioxide (SO2); particulate
matter, both (PM2.5) and (PM10); and
lead (Pb)). The SIP contains such
elements as air pollution control
regulations, emission inventories,
attainment demonstrations, and
enforcement mechanisms. Section 110
of the CAA requires each state to
periodically revise its SIP. As a result,
the SIP is a living compilation of
regulatory and non-regulatory elements
that are updated to address Federal
requirements and changing air quality
issues in the state.
Idaho has implemented a mandatory
motor vehicle I/M program as part of the
nonattainment with the classification ‘‘not
classified.’’ Accordingly, on November 6, 1991, the
Boise-Northern Ada County CO area was designated
nonattainment for the CO NAAQS by the EPA with
a classification of ‘‘not-classified’’ (56 FR 56818,
November 6, 1991).
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Northern Ada County CO area SIP since
the 1980s. (See 50 FR 23810, June 6,
1985). On March 3, 1978, the EPA
designated the Northern Ada County CO
area as nonattainment for the 1971 CO
NAAQS (43 FR 8962). Under CAA
section 107(d)(1)(C), the nonattainment
designation for the Northern Ada
County CO area was retained by
operation of law following enactment of
the Clean Air Act Amendments of 1990
(56 FR 56818, November 6, 1991).1
On January 17, 2002, Idaho submitted
a request to the EPA to redesignate the
Northern Ada County CO area to
attainment. In accordance with CAA
section 175A(a), at the same time Idaho
submitted the redesignation request,
Idaho submitted a maintenance plan to
maintain the CO NAAQS for 10 years
after redesignation. The EPA
redesignated the Northern Ada County
CO area to attainment for the CO
NAAQS on October 28, 2002, and
approved Idaho’s 10-year maintenance
plan. (See 67 FR 65713). In accordance
with CAA section 175A(b), Idaho
submitted a second maintenance plan to
maintain the CO NAAQS for another 10
years following the conclusion of the
first 10-year maintenance period. On
August 2, 2012, the EPA approved
Idaho’s maintenance plan to maintain
the CO NAAQS for a second 10-year
period in the Northern Ada County CO
area (See 77 FR 45962). Accordingly,
pursuant to CAA section 175A, the 20year maintenance period for the
Northern Ada County CO area ended on
December 27, 2022. Although the CAA
section 175A 20-year maintenance
period has expired, all control measures
in the maintenance plan remain in effect
and must be complied with until the
state submits, and the EPA approves, a
SIP revision.2 However, the CAA
section 175A(d) requirement for
contingency measures to include all
control measures contained in the SIP
prior to redesignation does not preclude
the removal of control measures once
the second 10-year maintenance plan
period has expired.3
Table 1 of this preamble lists the local
ordinances that were approved into the
Idaho SIP as part of the Northern Ada
County CO area maintenance plans to
implement the I/M program. In the
December 29, 2022, submission, Idaho
requested that the EPA remove the
ordinances in Table 1 of this preamble
from the Idaho SIP.
2 See ‘‘Transportation Conformity Guidance for
Areas Reaching the End of the Maintenance
Period,’’ available at: https://nepis.epa.gov/Exe/
ZyPDF.cgi/P100KPP0.PDF?Dockey=P100KPP0.PDF.
3 See 84 FR 2109 at pg. 2111 (February 6, 2019).
E:\FR\FM\30MRP1.SGM
30MRP1
]]>Agencies
[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
[[Page 19028]]
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
[[Page 19029]]
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]
BILLING CODE 9110-04-P
