Special Local Regulation; Atlantic Intracoastal Waterway, Morehead City, NC, 67990-67992 [2020-22339]
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67990
Federal Register / Vol. 85, No. 208 / Tuesday, October 27, 2020 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2020–0597]
RIN 1625–AA08
Special Local Regulation; Atlantic
Intracoastal Waterway, Morehead City,
NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation (SLR) for certain navigable
waters of the Atlantic Intracoastal
Waterway (AICW) and Beaufort Inlet in
Morehead City, North Carolina. This
SLR restricts vessel traffic on the AICW
and Beaufort Inlet during high-speed
boat races. The restriction of vessel
traffic movement in the SLR protects
participants and spectators from the
hazards posed by these events. Entry of
vessels or persons into this regulated
area is prohibited unless specifically
authorized by the Captain of the Port
(COTP) North Carolina or a designated
representative.
DATES: This rule is effective from 9 a.m.
on October 23, 2020, to 5 p.m. to
October 25, 2020. It will be enforced
from 9 a.m. to 5 p.m. each day the rule
is in effect.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0597 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Chief Petty Officer Joshua
O’Rourke, Waterways Management
Division, U.S. Coast Guard Sector North
Carolina, Wilmington, NC; telephone
910–772–2227, email
Joshua.P.Orourke@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Table of Abbreviations
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
COTP Captain of the Port
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
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opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it
would be impracticable and contrary to
the public interest. The Coast Guard was
unable to publish an NPRM and hold a
comment period for this rulemaking due
to the short time period between event
planners notifying the Coast Guard of
the event and required publication of
this rule. Immediate action is needed to
protect persons and vessels from the
hazards associated with this event. It is
impracticable and contrary to the public
interest to publish an NPRM because a
final rule needs to be in place by
October 23, 2020, to minimize potential
danger to the participants and the
public during the event.
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 impracticable and
contrary to public interest because
immediate action is needed to protect
persons and vessels from the hazards
associated with this event on October
23, 2020, and October 25, 2020.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
COTP North Carolina has determined
that potential hazards associated with
the Crystal Coast Grand Prix World
Championship race scheduled for 9 a.m.
through 5 p.m. on October 23, 2020, and
October 25, 2020, is a safety concern for
mariners during a high speed boat race
on portions of the Alantic Intra Coastal
Waterway (AICW) and Beaufort Inlet in
Morehead City, North Carolina. This
rule is necessary to protect safety of life
from the potential hazards associated
with the high-speed boat race.
IV. Discussion of the Rule
This rule establishes an SLR on a
portion of the AICW and Beaufort Inlet
from 9 a.m. on October 23, 2020 to 5
p.m. October 25, 2020. It will be
enforced from 9 a.m. on October 23,
2020, and those same hours on October
25, 2020. The time of enforcement will
be broadcast locally over VHF–FM
marine radio. The SLR will include a
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race area on all navigable waters of the
AICW and Beaufort Inlet, North
Carolina, from approximate positions:
Latitude 34°42′52″ N, longitude
076°43′16″ W, then east to latitude
34°42′52.2″ N, longitude 076°42′11.04″
W, then east to latitude 34°42′53.76″ N,
longitude 076°41′38.04″ W, then
southeast to latitude 34°42′10.8″ N,
longitude 076°40′44.4″ W, then south to
latitude 34°42′4.3″ N, longitude
076°40′48.1″ W, then northwest to
latitude 34°42′47.34″ N, longitude
076°41′49″ W, then west to latitude
34°42′50″ N, longitude 076°43′16″ W,
then north to the point of origin. This
rule also temporarily establishes a
portion of the AICW to be used as a
spectator zone. The spectator area will
be marked with temporary buoys and
will be at least 100 yards from the race
course, south of Sugarloaf Island, North
Carolina, from approximate positions:
Latitude 34°42′42″ N, longitude
076°43′15″ W, then east to latitude
34°42′41″ N, longitude 076°42′14″ W,
then south to latitude 34°42′32″ N,
longitude 076°42′14″ W, then west to
latitude 34°42′32″ N, longitude
076°43′15″ W, then north to the point of
origin. This rule also temporarily
establishes a buffer area around the
perimeter of the race area, from
approximate positions: latitude
34°42′55″ N, longitude 076°43′15″ W,
then east to latitude 34°42′56″ N,
longitude 076°42′13″ W, then east to
latitude 34°42′57″ N, longitude
076°41′41″ W, then east to latitude
34°42′57″ N, longitude 076°41′25″ W,
then south east to latitude 34°42′23″ N,
longitude 076°40′44″ W, then south to
latitude 34°41′59″ N, longitude
076°40′43″ W, then north west to
latitude 34°42′41″ N, longitude
076°42′05″ W, then west to latitude
34°42′42″ N, longitude 076°43′15″ W,
then north to its point of origin.
The duration of this SLR is intended
to protect participants and spectators on
the navigable waters of the AICW and
Beafort Inelt during the high-speed boat
race. Vessels may 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. The regulatory text
appears at the end of this document.
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.
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Federal Register / Vol. 85, No. 208 / Tuesday, October 27, 2020 / Rules and Regulations
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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
duration 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 from 9 a.m.
through 5 p.m. October 23, 2020, and
October 25, 2020. The Coast Guard will
transmit a Broadcast Notice to Mariners
via VHF–FM marine channel 16
regarding the enforcement period of the
SLR. This rule allows vessels to request
permission to pass through the
regulated area between race heats.
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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 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 SLR 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.
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.
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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.
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67991
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
in effect from 9 a.m. on October 23,
2020, to 5 p.m. on October 25, 2020, to
be enforced during active race events
from 9 a.m. to 5 p.m. on October 23,
2020, and October 25, 2020. It is
categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T500–0468 to read as
follows:
■
§ 100.T500–0597 Crystal Coast Grand Prix
World Championship, Morehead City, NC.
(a) Regulated areas. The regulations
in this section apply to the following
areas:
(1) The Race Area is designated as all
navigable waters of the AICW and
Beaufort Inlet, North Carolina, from
approximate positions: Latitude
34°42′52″ N, longitude 076°43′16″ W,
then east to latitude 34°42′52.2″ N,
longitude 076°42′11.04″ W, then east to
latitude 34°42′53.76″ N, longitude
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67992
Federal Register / Vol. 85, No. 208 / Tuesday, October 27, 2020 / Rules and Regulations
076°41′38.04″ W, then southeast to
latitude 34°42′10.8″ N, longitude
076°40′44.4″ W, then south to latitude
34°42′4.3″ N, longitude 076°40′48.1″ W,
then northwest to latitude 34°42′47.34″
N, longitude 076°41′49″ W, then west to
latitude 34°42′50″ N, longitude
076°43′16″ W, then north to the point of
origin.
(2) The Spectator Area is designated
as all waters of the AICW, North
Carolina, from approximate positions:
Latitude 34°42′42″ N, longitude
076°43′15″ W, then east to latitude
34°42′41″ N, longitude 076°42′14″ W,
then south to latitude 34°42′32″ N,
longitude 076°42′14″ W, then west to
latitude 34°42′32″ N, longitude
076°43′15″ W, then north to the point of
origin.
(3) The Buffer Area is designated as
all waters of the AICW and Beaufort
Inlet, North Carolina, from approximate
positions: Latitude 34°42′55″ N,
longitude 076°43′15″ W, then east to
latitude 34°42′56″ N, longitude
076°42′13″ W, then east to latitude
34°42′57″ N, longitude 076°41′41″ W,
then east to latitude 34°42′57″ N,
longitude 076°41′25″ W, then south east
to latitude 34°42′23″ N, longitude
076°40′44″ W, then south to latitude
34°41′59″ N, longitude 076°40′43″ W,
then north west to latitude 34°42′41″ N,
longitude 076°42′05″ W, then west to
latitude 34°42′42″ N, longitude
076°43′15″ W, then north to its point of
origin.
(b) Definitions. As used in this
section—
Buffer Area is a neutral area that
surrounds the perimeter of the Race
Area within the regulated area described
by this section. The purpose of a buffer
area is to minimize potential collision
conflicts with marine event participants
and spectator vessels or nearby
transiting vessels. This area provides
separation between a Race Area and a
specified Spectator Area or other vessels
that are operating in the vicinity of the
regulated area established by the special
local regulations.
Captain of the Port means the
Commander, Sector North Carolina.
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard commissioned,
warrant, or petty officer designated by
the Captain of the Port North Carolina
(COTP) for the enforcement of the safety
zone.
Spectator Area is an area described by
a line bound by coordinates provided in
latitude and longitude that outlines the
boundary of a spectator area within the
regulated area defined by this part.
(c) Regulations. (1) Everyone other
than participants are prohibited from
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entering, transiting through, anchoring
in, or getting underway within the
regulated area described in paragraph
(a)(1) of this section unless authorized
by the COTP North Carolina or their
designated representative.
(2) Everyone other than particpants,
including those engaged in spectating,
may be directed by a designated
representative to the regulated area
described in section (a) of this section,
where they must remain during the
effective period unless otherwise
authorized or directed by a designated
representative.
(3) To seek permission to enter,
contact the COTP by calling the Sector
North Carolina Command Center at
910–343–3882 or contact the COTP’s
designated representative on Marine
band Radio, VHF–FM channel 16 (156.8
MHz). Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP or
the designated representative.
(d) Enforcement officials. 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. This SLR will be
enforced from 9 a.m. through 5 p.m. on
October 23, 2020, and those same hours
on October 25, 2020.
Dated: October 2, 2020.
Matthew J. Baer,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2020–22339 Filed 10–23–20; 11:15 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0631]
RIN 1625–AA00
Safety Zone; Firestone Grand Prix of
St. Petersburg, St. Petersburg, Florida
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the navigable waters of Tampa Bay, in
the vicinity of the St. Petersburg
Municipal Yacht Basin, St. Petersburg,
Florida during the Firestone Grand Prix
of St. Petersburg. The temporary safety
zone is needed to protect the safety of
race participants, spectators, and vessels
on the surrounding waterway during the
race. Persons and vessels are prohibited
SUMMARY:
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from entering, transiting through,
anchoring in, or remaining within the
regulated area unless authorized by the
Captain of the Port St. Petersburg or a
designated representative.
DATES: This rule is effective daily from
6 a.m. until 10 p.m., on October 23,
2020 through October 25, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0631 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Marine Science Technician First
Class Michael Shackleford, Sector St.
Petersburg Prevention Department,
Coast Guard; telephone (813) 228–2191,
email Michael.D.Shackleford@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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
II. Background, Purpose, and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. The Coast Guard received
information regarding the need for a
safety zone on October 2, 2020.
Insufficient time remains to publish an
NPRM and to receive public comments,
as the event will occur before the
rulemaking process would be
completed. Because of the potential
safety hazards associated with the race,
the regulations is necessary to provide
for the safety of race participants,
spectators, and other vessels navigating
the surrounding waterways. For those
reasons, it would be impracticable to
publish an NPRM.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
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Agencies
[Federal Register Volume 85, Number 208 (Tuesday, October 27, 2020)]
[Rules and Regulations]
[Pages 67990-67992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22339]
[[Page 67990]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2020-0597]
RIN 1625-AA08
Special Local Regulation; Atlantic Intracoastal Waterway,
Morehead City, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation (SLR) for certain navigable waters of the Atlantic
Intracoastal Waterway (AICW) and Beaufort Inlet in Morehead City, North
Carolina. This SLR restricts vessel traffic on the AICW and Beaufort
Inlet during high-speed boat races. The restriction of vessel traffic
movement in the SLR protects participants and spectators from the
hazards posed by these events. Entry of vessels or persons into this
regulated area is prohibited unless specifically authorized by the
Captain of the Port (COTP) North Carolina or a designated
representative.
DATES: This rule is effective from 9 a.m. on October 23, 2020, to 5
p.m. to October 25, 2020. It will be enforced from 9 a.m. to 5 p.m.
each day the rule is in effect.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0597 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Petty Officer Joshua O'Rourke, Waterways Management
Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC;
telephone 910-772-2227, 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
COTP Captain of the Port
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it would be impracticable and
contrary to the public interest. The Coast Guard was unable to publish
an NPRM and hold a comment period for this rulemaking due to the short
time period between event planners notifying the Coast Guard of the
event and required publication of this rule. Immediate action is needed
to protect persons and vessels from the hazards associated with this
event. It is impracticable and contrary to the public interest to
publish an NPRM because a final rule needs to be in place by October
23, 2020, to minimize potential danger to the participants and the
public during the event.
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 impracticable and contrary to public interest
because immediate action is needed to protect persons and vessels from
the hazards associated with this event on October 23, 2020, and October
25, 2020.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The COTP North Carolina has determined that potential hazards
associated with the Crystal Coast Grand Prix World Championship race
scheduled for 9 a.m. through 5 p.m. on October 23, 2020, and October
25, 2020, is a safety concern for mariners during a high speed boat
race on portions of the Alantic Intra Coastal Waterway (AICW) and
Beaufort Inlet in Morehead City, North Carolina. This rule is necessary
to protect safety of life from the potential hazards associated with
the high-speed boat race.
IV. Discussion of the Rule
This rule establishes an SLR on a portion of the AICW and Beaufort
Inlet from 9 a.m. on October 23, 2020 to 5 p.m. October 25, 2020. It
will be enforced from 9 a.m. on October 23, 2020, and those same hours
on October 25, 2020. The time of enforcement will be broadcast locally
over VHF-FM marine radio. The SLR will include a race area on 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. This rule also temporarily
establishes a portion of the AICW to be used as a spectator zone. The
spectator area will be marked with temporary buoys and will be at least
100 yards from the race course, south of Sugarloaf Island, 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. This
rule also temporarily establishes a buffer area around the perimeter of
the race area, 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.
The duration of this SLR is intended to protect participants and
spectators on the navigable waters of the AICW and Beafort Inelt during
the high-speed boat race. Vessels may 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. The regulatory text
appears at the end of this document.
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.
[[Page 67991]]
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration 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 from 9 a.m. through 5 p.m. October 23, 2020, and
October 25, 2020. The Coast Guard will transmit a Broadcast Notice to
Mariners via VHF-FM marine channel 16 regarding the enforcement period
of the SLR. This rule allows vessels to request permission to pass
through the regulated area between race heats.
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 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
SLR 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.
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
in effect from 9 a.m. on October 23, 2020, to 5 p.m. on October 25,
2020, to be enforced during active race events from 9 a.m. to 5 p.m. on
October 23, 2020, and October 25, 2020. It is categorically excluded
from further review under paragraph L61 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
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. Add Sec. 100.T500-0468 to read as follows:
Sec. 100.T500-0597 Crystal Coast Grand Prix World Championship,
Morehead City, NC.
(a) Regulated areas. The regulations in this section apply to the
following areas:
(1) The Race Area is designated as 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
[[Page 67992]]
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.
(2) The Spectator Area is designated as 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.
(3) The Buffer Area is designated as 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.
(b) Definitions. As used in this section--
Buffer Area is a neutral area that surrounds the perimeter of the
Race Area within the regulated area described by this section. The
purpose of a buffer area is to minimize potential collision conflicts
with marine event participants and spectator vessels or nearby
transiting vessels. This area provides separation between a Race Area
and a specified Spectator Area or other vessels that are operating in
the vicinity of the regulated area established by the special local
regulations.
Captain of the Port means the Commander, Sector North Carolina.
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard commissioned, warrant, or petty officer
designated by the Captain of the Port North Carolina (COTP) for the
enforcement of the safety zone.
Spectator Area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
spectator area within the regulated area defined by this part.
(c) Regulations. (1) Everyone other than participants are
prohibited from entering, transiting through, anchoring in, or getting
underway within the regulated area described in paragraph (a)(1) of
this section unless authorized by the COTP North Carolina or their
designated representative.
(2) Everyone other than particpants, including those engaged in
spectating, may be directed by a designated representative to the
regulated area described in section (a) of this section, where they
must remain during the effective period unless otherwise authorized or
directed by a designated representative.
(3) To seek permission to enter, contact the COTP by calling the
Sector North Carolina Command Center at 910-343-3882 or contact the
COTP's designated representative on Marine band Radio, VHF-FM channel
16 (156.8 MHz). Those in the regulated area must comply with all lawful
orders or directions given to them by the COTP or the designated
representative.
(d) Enforcement officials. 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. This SLR will be enforced from 9 a.m. through 5
p.m. on October 23, 2020, and those same hours on October 25, 2020.
Dated: October 2, 2020.
Matthew J. Baer,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2020-22339 Filed 10-23-20; 11:15 am]
BILLING CODE 9110-04-P