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.

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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. Vessel traffic will This rule will not call for a new review under paragraph L61 of not be allowed to enter or transit a collection of information under the portion of the AICW or Beaufort Inlet Appendix A, Table 1 of DHS Instruction Paperwork Reduction Act of 1995 (44 Manual 023–01–001–01, Rev. 1. A during an active race event from 9 a.m. U.S.C. 3501–3520). through 5 p.m. October 23, 2020, and Record of Environmental Consideration October 25, 2020. The Coast Guard will D. Federalism and Indian Tribal supporting this determination is transmit a Broadcast Notice to Mariners Governments available in the docket. For instructions via VHF–FM marine channel 16 on locating the docket, see the regarding the enforcement period of the A rule has implications for federalism ADDRESSES section of this preamble. under Executive Order 13132, SLR. This rule allows vessels to request G. Protest Activities permission to pass through the Federalism, if it has a substantial direct The Coast Guard respects the First regulated area between race heats. effect on the States, on the relationship between the National Government and Amendment rights of protesters. B. Impact on Small Entities the States, or on the distribution of Protesters are asked to call or email the The Regulatory Flexibility Act of power and responsibilities among the person listed in the FOR FURTHER 1980, 5 U.S.C. 601–612, as amended, various levels of government. We have INFORMATION CONTACT section to requires Federal agencies to consider analyzed this rule under that Order and coordinate protest activities so that your the potential impact of regulations on have determined that it is consistent message can be received without small entities during rulemaking. The with the fundamental federalism jeopardizing the safety or security of term ‘‘small entities’’ comprises small principles and preemption requirements people, places or vessels. businesses, not-for-profit organizations described in Executive Order 13132. List of Subjects in 33 CFR Part 100 that are independently owned and Also, this rule does not have tribal Marine safety, Navigation (water), operated and are not dominant in their implications under Executive Order Reporting and recordkeeping fields, and governmental jurisdictions 13175, Consultation and Coordination requirements, Waterways. with populations of less than 50,000. with Indian Tribal Governments, The Coast Guard certifies under 5 U.S.C. because it does not have a substantial PART 100—SAFETY OF LIFE ON 605(b) that this rule will not have a direct effect on one or more Indian NAVIGABLE WATERS significant economic impact on a tribes, on the relationship between the substantial number of small entities. ■ 1. The authority citation for part 100 Federal Government and Indian tribes, While some owners or operators of continues to read as follows: or on the distribution of power and vessels intending to transit the SLR may responsibilities between the Federal Authority: 46 U.S.C. 70041; 33 CFR 1.05– be small entities, for the reasons stated 1. in section IV.A above, this proposed Government and Indian tribes. ■ 2. Add § 100.T500–0468 to read as rule would not have a significant E. Unfunded Mandates Reform Act follows: economic impact on any vessel owner or operator. The Unfunded Mandates Reform Act § 100.T500–0597 Crystal Coast Grand Prix Under section 213(a) of the Small of 1995 (2 U.S.C. 1531–1538) requires World Championship, Morehead City, NC. Business Regulatory Enforcement Federal agencies to assess the effects of (a) Regulated areas. The regulations Fairness Act of 1996 (Pub. L. 104–121), their discretionary regulatory actions. In in this section apply to the following we want to assist small entities in particular, the Act addresses actions areas: understanding this rule. If the rule that may result in the expenditure by a (1) The Race Area is designated as all would affect your small business, State, local, or tribal government, in the navigable waters of the AICW and organization, or governmental aggregate, or by the private sector of Beaufort Inlet, North Carolina, from jurisdiction and you have questions $100,000,000 (adjusted for inflation) or approximate positions: Latitude concerning its provisions or options for more in any one year. Though this rule 34°42′52″ N, longitude 076°43′16″ W, compliance, please call or email the will not result in such an expenditure, then east to latitude 34°42′52.2″ N, person listed in the FOR FURTHER we do discuss the effects of this rule longitude 076°42′11.04″ W, then east to INFORMATION CONTACT section. elsewhere in this preamble. latitude 34°42′53.76″ N, longitude

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076°41′38.04″ W, then southeast to entering, transiting through, anchoring from entering, transiting through, latitude 34°42′10.8″ N, longitude in, or getting underway within the anchoring in, or remaining within the 076°40′44.4″ W, then south to latitude regulated area described in paragraph regulated area unless authorized by the 34°42′4.3″ N, longitude 076°40′48.1″ W, (a)(1) of this section unless authorized Captain of the Port St. Petersburg or a then northwest to latitude 34°42′47.34″ by the COTP North Carolina or their designated representative. N, longitude 076°41′49″ W, then west to designated representative. DATES: This rule is effective daily from latitude 34°42′50″ N, longitude (2) Everyone other than particpants, 6 a.m. until 10 p.m., on October 23, 076°43′16″ W, then north to the point of including those engaged in spectating, 2020 through October 25, 2020. origin. may be directed by a designated ADDRESSES: To view documents (2) The Spectator Area is designated representative to the regulated area mentioned in this preamble as being as all waters of the AICW, North described in section (a) of this section, available in the docket, go to http:// Carolina, from approximate positions: where they must remain during the www.regulations.gov, type USCG–2020– Latitude 34°42′42″ N, longitude effective period unless otherwise ° ′ ″ 0631 in the ‘‘SEARCH’’ box and click 076 43 15 W, then east to latitude authorized or directed by a designated ‘‘SEARCH.’’ Click on Open Docket 34°42′41″ N, longitude 076°42′14″ W, representative. ° ′ ″ Folder on the line associated with this then south to latitude 34 42 32 N, (3) To seek permission to enter, rule. longitude 076°42′14″ W, then west to contact the COTP by calling the Sector FOR FURTHER INFORMATION CONTACT: If latitude 34°42′32″ N, longitude North Carolina Command Center at you have questions on this rule, call or 076°43′15″ W, then north to the point of 910–343–3882 or contact the COTP’s email Marine Science Technician First origin. designated representative on Marine Class Michael Shackleford, Sector St. (3) The Buffer Area is designated as band Radio, VHF–FM channel 16 (156.8 Petersburg Prevention Department, all waters of the AICW and Beaufort MHz). Those in the regulated area must Coast Guard; telephone (813) 228–2191, Inlet, North Carolina, from approximate comply with all lawful orders or ° ′ ″ email [email protected]. positions: Latitude 34 42 55 N, directions given to them by the COTP or ° ′ ″ SUPPLEMENTARY INFORMATION: longitude 076 43 15 W, then east to the designated representative. latitude 34°42′56″ N, longitude (d) Enforcement officials. The U.S. I. Table of Abbreviations 076°42′13″ W, then east to latitude Coast Guard may be assisted in the CFR Code of Federal Regulations 34°42′57″ N, longitude 076°41′41″ W, patrol and enforcement of the safety ° ′ ″ DHS Department of Homeland Security then east to latitude 34 42 57 N, zone by Federal, State, and local FR Federal Register longitude 076°41′25″ W, then south east agencies. NPRM Notice of proposed rulemaking to latitude 34°42′23″ N, longitude (e) Enforcement. This SLR will be § Section 076°40′44″ W, then south to latitude enforced from 9 a.m. through 5 p.m. on U.S.C. United States Code 34°41′59″ N, longitude 076°40′43″ W, October 23, 2020, and those same hours ° ′ ″ II. Background, Purpose, and then north west to latitude 34 42 41 N, on October 25, 2020. Regulatory History longitude 076°42′05″ W, then west to Dated: October 2, 2020. latitude 34°42′42″ N, longitude The Coast Guard is issuing this 076°43′15″ W, then north to its point of Matthew J. Baer, temporary rule without prior notice and origin. Captain, U.S. Coast Guard, Captain of the opportunity to comment pursuant to (b) Definitions. As used in this Port North Carolina. authority under section 4(a) of the section— [FR Doc. 2020–22339 Filed 10–23–20; 11:15 am] Administrative Procedure Act (APA) (5 Buffer Area is a neutral area that BILLING CODE 9110–04–P U.S.C. 553(b)). This provision surrounds the perimeter of the Race authorizes an agency to issue a rule Area within the regulated area described without prior notice and opportunity to by this section. The purpose of a buffer DEPARTMENT OF HOMELAND comment when the agency for good area is to minimize potential collision SECURITY cause finds that those procedures are conflicts with marine event participants ‘‘impracticable, unnecessary, or contrary Coast Guard and spectator vessels or nearby to the public interest.’’ Under 5 U.S.C. transiting vessels. This area provides 553(b)(B), the Coast Guard finds that 33 CFR Part 165 separation between a Race Area and a good cause exists for not publishing a specified Spectator Area or other vessels [Docket Number USCG–2020–0631] notice of proposed rulemaking (NPRM) with respect to this rule because it is that are operating in the vicinity of the RIN 1625–AA00 regulated area established by the special impracticable. The Coast Guard received local regulations. Safety Zone; Firestone Grand Prix of information regarding the need for a Captain of the Port means the St. Petersburg, St. Petersburg, Florida safety zone on October 2, 2020. Commander, Sector North Carolina. Insufficient time remains to publish an Designated representative means a AGENCY: Coast Guard, DHS. NPRM and to receive public comments, Coast Guard Patrol Commander, ACTION: Temporary final rule. as the event will occur before the including a Coast Guard commissioned, rulemaking process would be warrant, or petty officer designated by SUMMARY: The Coast Guard is completed. Because of the potential the Captain of the Port North Carolina establishing a temporary safety zone for safety hazards associated with the race, (COTP) for the enforcement of the safety the navigable waters of Tampa Bay, in the regulations is necessary to provide zone. the vicinity of the St. Petersburg for the safety of race participants, Spectator Area is an area described by Municipal Yacht Basin, St. Petersburg, spectators, and other vessels navigating a line bound by coordinates provided in Florida during the Firestone Grand Prix the surrounding waterways. For those latitude and longitude that outlines the of St. Petersburg. The temporary safety reasons, it would be impracticable to boundary of a spectator area within the zone is needed to protect the safety of publish an NPRM. regulated area defined by this part. race participants, spectators, and vessels Under 5 U.S.C. 553(d)(3), the Coast (c) Regulations. (1) Everyone other on the surrounding waterway during the Guard finds that good cause exists for than participants are prohibited from race. Persons and vessels are prohibited making this rule effective less than 30

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