[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Rules and Regulations]
[Pages 54494-54496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19430]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0468]
RIN 1625-AA08


Special Local Regulation; Atlantic Intracoastal Waterway, 
Morehead City, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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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 is intended to restrict vessel traffic on the AICW 
and Beaufort Inlet during high-speed boat races. The restriction of 
vessel traffic movement in the SLR is intended to protect 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. to 5 p.m. on September 13, 
2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0468 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 September 
13, 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 September 13, 2020.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP North Carolina has 
determined that potential hazards associated with the Crystal Coast 
Grand Prix race scheduled for 9:00 a.m. through 5:00 p.m. on September 
13, 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. to 5 p.m. on September 13, 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,

[[Page 54495]]

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.

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. on Setember 13, 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 
lasting only eight hours on September 13, 2020, to be enforced during 
active race events. 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.

[[Page 54496]]

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.T500-0468   Crystal Coast Grand Prix, 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 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 Septmeber 13, 2020.

    Dated: August 20, 2020.
Matthew J. Baer,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2020-19430 Filed 9-1-20; 8:45 am]
BILLING CODE 9110-04-P