Federal Register/Vol. 85, No. 208/Tuesday, October 27, 2020

67990 Federal Register / Vol. 85, No. 208 / Tuesday, October 27, 2020 / Rules and Regulations DEPARTMENT OF HOMELAND opportunity to comment pursuant to race area on all navigable waters of the SECURITY authority under section 4(a) of the AICW and Beaufort Inlet, North Administrative Procedure Act (APA) (5 Carolina, from approximate positions: Coast Guard U.S.C. 553(b)). This provision Latitude 34°42′52″ N, longitude authorizes an agency to issue a rule 076°43′16″ W, then east to latitude 33 CFR Part 100 without prior notice and opportunity to 34°42′52.2″ N, longitude 076°42′11.04″ ° ′ ″ [Docket Number USCG–2020–0597] comment when the agency for good W, then east to latitude 34 42 53.76 N, cause finds that those procedures are longitude 076°41′38.04″ W, then RIN 1625–AA08 ‘‘impracticable, unnecessary, or contrary southeast to latitude 34°42′10.8″ N, to the public interest.’’ Under 5 U.S.C. longitude 076°40′44.4″ W, then south to Special Local Regulation; Atlantic 553(b)(B), the Coast Guard finds that latitude 34°42′4.3″ N, longitude Intracoastal Waterway, Morehead City, good cause exists for not publishing a 076°40′48.1″ W, then northwest to NC notice of proposed rulemaking (NPRM) latitude 34°42′47.34″ N, longitude AGENCY: Coast Guard, DHS. with respect to this rule because it 076°41′49″ W, then west to latitude ° ′ ″ ° ′ ″ ACTION: Temporary final rule. would be impracticable and contrary to 34 42 50 N, longitude 076 43 16 W, the public interest. The Coast Guard was then north to the point of origin. This SUMMARY: The Coast Guard is unable to publish an NPRM and hold a rule also temporarily establishes a establishing a temporary special local comment period for this rulemaking due portion of the AICW to be used as a regulation (SLR) for certain navigable to the short time period between event spectator zone. The spectator area will waters of the Atlantic Intracoastal planners notifying the Coast Guard of be marked with temporary buoys and Waterway (AICW) and Beaufort Inlet in the event and required publication of will be at least 100 yards from the race Morehead City, North Carolina. This this rule. Immediate action is needed to course, south of Sugarloaf Island, North SLR restricts vessel traffic on the AICW protect persons and vessels from the Carolina, from approximate positions: and Beaufort Inlet during high-speed hazards associated with this event. It is Latitude 34°42′42″ N, longitude boat races. The restriction of vessel impracticable and contrary to the public 076°43′15″ W, then east to latitude traffic movement in the SLR protects interest to publish an NPRM because a 34°42′41″ N, longitude 076°42′14″ W, participants and spectators from the final rule needs to be in place by then south to latitude 34°42′32″ N, hazards posed by these events. Entry of October 23, 2020, to minimize potential longitude 076°42′14″ W, then west to vessels or persons into this regulated danger to the participants and the latitude 34°42′32″ N, longitude area is prohibited unless specifically public during the event. 076°43′15″ W, then north to the point of authorized by the Captain of the Port Under 5 U.S.C. 553(d)(3), the Coast origin. This rule also temporarily (COTP) North Carolina or a designated Guard finds that good cause exists for establishes a buffer area around the representative. making this rule effective less than 30 perimeter of the race area, from DATES: This rule is effective from 9 a.m. days after publication in the Federal approximate positions: latitude ° ′ ″ ° ′ ″ on October 23, 2020, to 5 p.m. to Register. Delaying the effective date of 34 42 55 N, longitude 076 43 15 W, ° ′ ″ October 25, 2020. It will be enforced this rule would be impracticable and then east to latitude 34 42 56 N, ° ′ ″ from 9 a.m. to 5 p.m. each day the rule contrary to public interest because longitude 076 42 13 W, then east to ° ′ ″ is in effect. immediate action is needed to protect latitude 34 42 57 N, longitude persons and vessels from the hazards ° ′ ″ ADDRESSES: To view documents 076 41 41 W, then east to latitude associated with this event on October 34°42′57″ N, longitude 076°41′25″ W, mentioned in this preamble as being ° ′ ″ available in the docket, go to https:// 23, 2020, and October 25, 2020. then south east to latitude 34 42 23 N, longitude 076°40′44″ W, then south to www.regulations.gov, type USCG–2020– III. Legal Authority and Need for Rule ° ′ ″ 0597 in the ‘‘SEARCH’’ box and click latitude 34 41 59 N, longitude The Coast Guard is issuing this rule 076°40′43″ W, then north west to ‘‘SEARCH.’’ Click on Open Docket under authority in 46 U.S.C. 70041. The latitude 34°42′41″ N, longitude Folder on the line associated with this COTP North Carolina has determined 076°42′05″ W, then west to latitude rule. that potential hazards associated with 34°42′42″ N, longitude 076°43′15″ W, FOR FURTHER INFORMATION CONTACT: If the Crystal Coast Grand Prix World then north to its point of origin. you have questions on this rule, call or Championship race scheduled for 9 a.m. The duration of this SLR is intended email Chief Petty Officer Joshua through 5 p.m. on October 23, 2020, and to protect participants and spectators on O’Rourke, Waterways Management October 25, 2020, is a safety concern for the navigable waters of the AICW and Division, U.S. Coast Guard Sector North mariners during a high speed boat race Beafort Inelt during the high-speed boat Carolina, Wilmington, NC; telephone on portions of the Alantic Intra Coastal race. Vessels may request permission to 910–772–2227, email Waterway (AICW) and Beaufort Inlet in pass through the SLR between race [email protected]. Morehead City, North Carolina. This heats. No vessel or person will be SUPPLEMENTARY INFORMATION: rule is necessary to protect safety of life permitted to enter the SLR without I. Table of Abbreviations from the potential hazards associated obtaining permission from the COTP with the high-speed boat race. North Carolina or a designated CFR Code of Federal Regulations representative. The regulatory text IV. Discussion of the Rule DHS Department of Homeland Security appears at the end of this document. FR Federal Register This rule establishes an SLR on a NPRM Notice of proposed rulemaking portion of the AICW and Beaufort Inlet V. Regulatory Analyses § Section U.S.C. United States Code from 9 a.m. on October 23, 2020 to 5 We developed this rule after COTP Captain of the Port p.m. October 25, 2020. It will be considering numerous statutes and enforced from 9 a.m. on October 23, Executive orders related to rulemaking. II. Background Information and 2020, and those same hours on October Below we summarize our analyses Regulatory History 25, 2020. The time of enforcement will based on a number of these statutes and The Coast Guard is issuing this be broadcast locally over VHF–FM Executive orders, and we discuss First temporary rule without prior notice and marine radio. The SLR will include a Amendment rights of protestors. VerDate Sep<11>2014 15:51 Oct 26, 2020 Jkt 253001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\27OCR1.SGM 27OCR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 208 / Tuesday, October 27, 2020 / Rules and Regulations 67991 A. Regulatory Planning and Review Small businesses may send comments F. Environment Executive Orders 12866 and 13563 on the actions of Federal employees We have analyzed this rule under direct agencies to assess the costs and who enforce, or otherwise determine Department of Homeland Security benefits of available regulatory compliance with, Federal regulations to Directive 023–01, Rev. 1, associated alternatives and, if regulation is the Small Business and Agriculture implementing instructions, and necessary, to select regulatory Regulatory Enforcement Ombudsman Environmental Planning COMDTINST approaches that maximize net benefits. and the Regional Small Business 5090.1 (series), which guide the Coast Executive Order 13771 directs agencies Regulatory Fairness Boards. The Guard in complying with the National to control regulatory costs through a Ombudsman evaluates these actions Environmental Policy Act of 1969 (42 budgeting process. This rule has not annually and rates each agency’s U.S.C. 4321–4370f), and have been designated a ‘‘significant responsiveness to small business. If you determined that this action is one of a regulatory action,’’ under Executive wish to comment on actions by category of actions that do not Order 12866. Accordingly, this rule has employees of the Coast Guard, call 1– individually or cumulatively have a not been reviewed by the Office of 888–REG–FAIR (1–888–734–3247). The significant effect on the human Management and Budget (OMB), and Coast Guard will not retaliate against environment. This rule involves an SLR pursuant to OMB guidance it is exempt small entities that question or complain in effect from 9 a.m. on October 23, from the requirements of Executive about this rule or any policy or action 2020, to 5 p.m. on October 25, 2020, to Order 13771. of the Coast Guard. be enforced during active race events This regulatory action determination from 9 a.m. to 5 p.m. on October 23, is based on the size, location, and C. Collection of Information 2020, and October 25, 2020. It is categorically excluded from further duration of the SLR.

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