67946 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 

5 Item E.3.e of Form N–CEN, as adopted by the 

Commission, requires filers to report ‘‘Dollars for 

one or more creation units redeemed on the same 

day, if charged on that basis’’ (emphasis added). 

However, Form N–CEN, as displayed in EDGAR 

and depicted in the Filer Manual, requires filers to 

report: ‘‘Dollars for one or more creation units 

purchased on the same day, if charged on that 

basis’’ (emphasis added). 

6 5 U.S.C. 553(b)(A). 

7 5 U.S.C. 601 through 612. 

8 5 U.S.C. 804(3)(c). 

9 5 U.S.C. 553(d)(3). 

10 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a). 

11 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78o–4, 78w, 

and 78ll. 

12 15 U.S.C. 77sss. 

13 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37. 

corrected to match the language adopted 

by the Commission.5 The wording is 

being corrected on the online 

application used to submit filings on 

Form N–CEN, on disseminated filings 

on SEC.gov, and in relevant portions of 

the Filer Manual. Additionally, Item 

E.3.a of Form N–CEN is being updated 

to provide filers space to report a second 

value, if necessary, for the number of 

shares needed to form a creation unit. 

Additional Revisions To Remove NonProcedural Rule Content From Volume 

II 

Appendix C (‘‘EDGAR Submission 

Types’’) is being removed from Volume 

II of the Filer Manual, because it 

consists only of examples, sample 

templates, and lists of information, and 

not instruction in the nature of a 

procedural rule. This content may have 

originally been included in the Filer 

Manual when EDGAR and similar 

technology were novel and it was 

thought necessary to include elementary 

technical information. Removing the 

content reduces the size of the Filer 

Manual by approximately 20 pages. The 

content will be placed on the EDGAR— 

Information for Filers web page on 

www.SEC.gov, where it may be 

consulted by interested filers. 

III. Amendments to Rule 301 of 

Regulation S–T 

Along with the adoption of the 

updated Filer Manual, we are amending 

Rule 301 of Regulation S–T to provide 

for the incorporation by reference into 

the Code of Federal Regulations of the 

current revisions. This incorporation by 

reference was approved by the Director 

of the Federal Register in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

The updated EDGAR Filer Manual is 

available at https://www.sec.gov/edgar/ 

filerinformation/current-edgar-filermanual. 

IV. Administrative Law Matters 

Because the Filer Manual and rule 

amendments relate solely to agency 

procedures or practice and do not 

substantially alter the rights and 

obligations of non-agency parties, 

publication for notice and comment is 

not required under the Administrative 

Procedure Act (‘‘APA’’).6 It follows that 

the amendments do not require analysis 

under requirements of the Regulatory 

Flexibility Act 7 or a report to Congress 

under the Small Business Regulatory 

Enforcement Fairness Act of 1996.8

The effective date for the updated 

Filer Manual and related rule 

amendments is October 3, 2023. In 

accordance with the APA,9 we find that 

there is good cause to establish an 

effective date less than 30 days after 

publication of these rules. The 

Commission believes that establishing 

an effective date less than 30 days after 

publication of these rules is necessary to 

coordinate the effectiveness of the 

updated Filer Manual with the related 

system upgrades. 

V. Statutory Basis 

We are adopting the amendments to 

Regulation S–T under the authority in 

Sections 6, 7, 8, 10, and 19(a) of the 

Securities Act of 1933,10 Sections 3, 12, 

13, 14, 15, 15B, 23 and 35A of the 

Securities Exchange Act of 1934,11

Section 319 of the Trust Indenture Act 

of 1939,12 and Sections 8, 30, 31, and 38 

of the Investment Company Act of 

1940.13

List of Subjects in 17 CFR Part 232 

Incorporation by reference, Reporting 

and recordkeeping requirements, 

Securities. 

Text of the Amendments 

In accordance with the foregoing, title 

17, chapter II of the Code of Federal 

Regulations is amended as follows: 

PART 232—REGULATION S–T— 

GENERAL RULES AND REGULATIONS 

FOR ELECTRONIC FILINGS 

■ 1. The general authority citation for 

part 232 continues to read as follows: 

Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 

77j, 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m, 

78n, 78o(d), 78w(a), 78ll, 80a–6(c), 80a–8, 

80a–29, 80a–30, 80a–37, 80b–4, 80b–6a, 80b– 

10, 80b–11, 7201 et seq.; and 18 U.S.C. 1350, 

unless otherwise noted. 

* * * * * 

■ 2. Section 232.301 is revised to read 

as follows: 

§ 232.301 EDGAR Filer Manual. 

Filers must prepare electronic filings 

in the manner prescribed by the EDGAR 

Filer Manual, promulgated by the 

Commission, which sets forth the 

technical formatting requirements for 

electronic submissions. The 

requirements for becoming an EDGAR 

Filer and updating company data are set 

forth in the EDGAR Filer Manual, 

Volume I: ‘‘General Information,’’ 

Version 41 (December 2022). The 

requirements for filing on EDGAR are 

set forth in the updated EDGAR Filer 

Manual, Volume II: ‘‘EDGAR Filing,’’ 

Version 67 (September 2023). All of 

these provisions have been incorporated 

by reference into the Code of Federal 

Regulations, which action was approved 

by the Director of the Federal Register 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. You must comply with 

these requirements in order for 

documents to be timely received and 

accepted. The EDGAR Filer Manual is 

available for inspection at the 

Commission and at the National 

Archives and Records Administration 

(NARA). The EDGAR Filer Manual is 

available for website viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE, 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Operating conditions 

may limit access to the Commission’s 

Public Reference Room. For information 

on the availability of the EDGAR Filer 

Manual at NARA, visit 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html or email 

fr.inspection@nara.gov. The EDGAR 

Filer Manual may also be obtained from 

https://www.sec.gov/edgar/ 

filerinformation/current-edgar-filermanual. 

By the Commission. 

Dated: September 18, 2023. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2023–21806 Filed 10–2–23; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2023–0510] 

RIN 1625–AA08 

Special Local Regulation; Atlantic 

Intracoastal Waterway, Morehead City, 

NC 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 67947 

(SLR) for certain navigable waters of the 

Atlantic Intracoastal Waterway (AICW) 

and Beaufort Inlet in Morehead City, 

North Carolina. This SLR, will be 

enforced annually for one weekend each 

September, and will restrict vessel 

traffic on the AICW and Beaufort Inlet 

during high-speed boat races. The 

restriction of vessel traffic movement in 

the SLR is for the purpose of protecting 

participants and spectators from the 

hazards posed by these events. Entry of 

vessels or persons into this regulated 

area will be prohibited unless 

specifically authorized by the Captain of 

the Port (COTP), North Carolina or a 

designated representative. 

DATES: This rule is effective without 

actual notice October 3, 2023. For the 

purposes of enforcement this year, 

actual notice will be used from 

September 30, 2023 until October 3, 

2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0510 in the search box, and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

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 Sector North 

Carolina, Wilmington, NC; telephone 

910–772–2221, email ncmarineevents@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

AICW Atlantic Intracoastal Waterway 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

SLR Special Local Regulation 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On March 13, 2023, NC East Sports, 

Inc. notified the Coast Guard that it will 

be hosting the Crystal Coast Grand Prix 

powerboat race in Morehead City, NC. 

This high-speed boat race will take 

place from 10 a.m. to 6 p.m. on the 

waters of the Atlantic Intracoastal 

Waterway (AICW) and Beaufort Inlet 

each year on one consecutive Friday, 

Saturday, and/or Sunday in September. 

It is anticipated that approximately 60 

high speed vessels will be participating 

each year. The racecourse encompasses 

approximately 1.5 square miles and will 

include all navigable waters of the 

AICW and Beaufort Inlet, North 

Carolina from approximate positions 

more particularly described in the 

discussion (paragraph III of this 

preamble), below. The Captain of the 

Port, Sector North Carolina (COTP) has 

determined that the presence of vessels 

not associated with the race, and anyone 

else in or transiting the designated area 

of the AICW and Beaufort Inlet in 

Morehead City, NC during the highspeed vessel race would pose a safety 

concern to the participating vessels, and 

to spectators of the event, as well as to 

others within the designated area. In 

response, on August 23, 2023, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled ‘‘Special 

Local Regulation; Atlantic Intracoastal 

Waterway, Morehead City, NC.’’ There 

we stated why we had issued the NPRM 

and invited comments on our proposed 

regulatory action related to this highspeed boat race. During the comment 

period that ended September 22, 2023, 

we received no comments.] 

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 contrary to public 

interest because immediate action is 

needed to protect non-participating 

persons, vessels, and participants 

against the hazards associated with 

restricted waterway during this highspeed boat race. 

III. Legal Authority and Need for the 

Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70041. The 

Captain of the Port, Sector North 

Carolina (COTP) has determined that 

the presence of vessels not associated 

with the race, and anyone else in or 

transiting the designated area of the 

AICW and Beaufort Inlet in Morehead 

City, NC during the high-speed vessel 

race would pose a safety concern to the 

participating vessels, and to spectators 

of the event, as well as to 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. 

This rule will modify 33 CFR 100.501 

by listing a new, recurring marine event 

in Table 4 to Paragraph (i)(4), which 

covers the Coast Guard Sector North 

Caroline—COTP Zone. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM. There are no 

changes in the regulatory text of this 

rule from that in the NPRM. 

This rule establishes a SLR which will 

be enforced on a portion of the AICW 

and Beaufort Inlet from 10 a.m. until 6 

p.m. each year on one consecutive 

Friday, Saturday, and/or Sunday in 

September. The times of enforcement 

would be broadcast locally over VHF– 

FM marine radio via a Broadcast Notice 

to Mariners (BNM), Marine Safety 

Information Bulletin (MSIB), and Local 

Notice to Mariners (LNM). 

The regulated area will encompass 

approximately 1.5 square miles and will 

include all navigable 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′32′′ N, 

longitude 076°42′14′′ W, then west to 

latitude 34°42′32′′ N, longitude 

076°43′15′′ W, then north to its point of 

origin. 

This SLR provides additional 

information about areas that will be 

included within the regulated area, 

including their definitions. These areas 

include ‘‘Race Area,’’ ‘‘Spectator Area,’’ 

and ‘‘Buffer Zone.’’ 

The size of the regulated area is 

intended to ensure the safety of life on 

these navigable waters before, during, 

and after activities associated with the 

high-speed boat race. The COTP and the 

Coast Guard Event Patrol Commander 

(PATCOM) have authority to forbid and 

control the movement of all vessels and 

persons, including event participants, in 

the regulated area. When hailed or 

signaled by an official patrol, a vessel or 

person in the regulated area must 

immediately comply with the directions 

given by the COTP or Event PATCOM. 

If a person or vessel fails to follow such 

directions, the Coast Guard may expel 

them from the area, issue them a 

citation for failure to comply, or both. 

Except for Crystal Coast Grand Prix 

race participants and vessels already at 

berth, a vessel or person would have to 

get permission from the COTP or Event 

PATCOM to remain in the regulated 

area during an enforcement period or to 

enter the regulated area. Vessel 

operators will be required to request 

permission to enter and transit through 

the regulated area by contacting the 

Event PATCOM on VHF–FM channel 

16. Vessel traffic will be able to safely 


ddrumheller on DSK120RN23PROD with RULES1
67948 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 

transit the regulated area once the Event 

PATCOM deemed it safe to do so. A 

vessel within the regulated area will 

have to operate at safe speed that 

minimizes wake. A person or vessel not 

registered with the event sponsor as a 

participant or assigned as official patrols 

would be considered a spectator. 

Official Patrols will include any vessel 

assigned or approved by the 

Commander, Coast Guard Sector North 

Carolina with a commissioned, warrant, 

or petty officer on board and displaying 

a Coast Guard ensign. Official Patrols 

enforcing this regulated area can be 

contacted on VHF–FM channel 16 and 

channel 22A. 

If permission is granted by the COTP 

or Event PATCOM, a person or vessel 

will be allowed to enter the regulated 

area or pass directly through the 

regulated area as instructed. A spectator 

vessel will be prohibited from loitering 

within the Race Zone, Buffer Zone, or 

other portions of the navigable channel 

while it is within the regulated area. 

Official patrol vessels will direct 

spectators to the designated spectator 

area. Only participant vessels will be 

allowed to enter the Race Area, and the 

Buffer Zone, if necessary. 

The proposed duration of this SLR is 

intended to protect participants and 

spectators on the navigable waters of the 

AICW and Beaufort Inlet during the 

high-speed boat race. Vessels can 

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. 

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. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, location, duration 

and time of day 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 for times as published each year 

on the second or last Friday, Saturday, 

and Sunday in September. The rule 

will, however, allow vessels to request 

permission to pass through the 

regulated area between race heats. The 

Coast Guard will transmit a BNM via 

VHF–FM marine channel 16, publish an 

MSIB, and post a LNM regarding the 

enforcement period of the SLR. 

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 received no comments 

from the Small Business Administration 

on this rulemaking. 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 safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will 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 

to be enforced during active race events 

on the Atlantic Intracoastal Waterway 

and Beaufort Inlet in Morehead City, 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 67949 

NC. It is categorically excluded from 

further review under paragraph L61of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Record of Environmental Consideration 

Memorandum for the Record 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. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 100 as follows: 

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. In § 100.501, amend Table 4 to 

Paragraph (i)(4) by adding the following 

event after the last entry to read as 

follows. 

§ 100.501 Special Local Regulations; 

Marine Events Within the Fifth Coast Guard 

District. 

* * * * * 

TABLE 4 TO PARAGRAPH (i)(4) 

Event Regulated area Enforcement period(s) Sponsor 

*******

Crystal Coast Grand Prix 

Powerboat Race.

All navigable 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′32′′ N, longitude 076°42′14′′ 

W, then west to latitude 34°42′32′′ N, longitude 

076°43′15′′ W, then north to its point of origin.

One consecutive Friday, 

Saturday, and/or Sunday 

in September.

NC East Sports, Inc. 

Race area: 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.

Spectator area: 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.

Buffer zone: 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.

1As noted, the enforcement dates and times for each of the listed events in this table are subject to change. In the event of a change, or for 

enforcement periods listed that do not allow a specific date or dates to be determined, the Captain of the Port will provide notice to the public by 

publishing a Notice of Enforcement in the Federal Register, as well as, issuing a Broadcaster Notice to Mariner. 


ddrumheller on DSK120RN23PROD with RULES1
67950 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 

1 88 FR 63527. 

2The emailed comments have been posted to the 

docket folder. These comments are accessible at: 

www.regulations.gov/docket/USCG-2023-0466/ 

comments. 3 15 U.S.C. 1531 et seq. 

Timothy J. List, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector North Carolina. 

[FR Doc. 2023–21751 Filed 10–2–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0466] 

RIN 1625–AA00 

Safety Zone; Wilmington River, 

Savannah, GA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is revising a 

temporary safety zone encompassing the 

Causton Bluff Bridge, on the 

Wilmington River, Savannah, GA. This 

action is necessary to provide for the 

safety of life on these navigable waters 

for the planned demolition and removal 

of structural components of the original 

bridge, in preparation of the 

construction of a new span. This 

rulemaking would prohibit persons and 

vessels from being in the safety zone 

unless authorized by the Captain of the 

Port Savannah or a designated 

representative. 

DATES: This temporary interim rule is 

effective without actual notice from 

October 3, 2023 through November 30, 

2023. For the purposes of enforcement, 

actual notice will be used from October 

2, 2023, until October 3, 2023. 

Comments and related material must 

reach the Coast Guard on or before 

October 18, 2023. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2023–0466 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LTJG Anthony Harris, Office of 

Waterways Management, Marine Safety 

Unit Savannah, U.S. Coast Guard; 

telephone 912–652–4353 ext. 240, 

Anthony.E.Harris@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

ESA Endangered Species Act 

FR Federal Register 

GA DOT Georgia Department of 

Transportation 

NPRM Notice of proposed rulemaking 

TIR Temporary Interim Rule 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On September 15, 2023, the Coast 

Guard published a temporary interim 

rule (TIR) 1 with requests for comment. 

The TIR established a temporary safety 

zone encompassing the Causton Bluff 

Bridge, on the Wilmington River, 

Savannah, GA. When the rule was 

published, the Coast Guard immediately 

began receiving comments on the safety 

zone posted on the docket and emails 

sent directly to the Coast Guard.2 In 

order to address the concerns raised by 

the commenters, the Coast Guard made 

the determination not to enforce the 

original TIR until an updated 

enforcement schedule could be 

published through a new TIR. This new 

TIR takes into consideration the 23 

comments received thus far and revises 

the existing safety zone to provide the 

public with a schedule that equitably 

balances the needs of the Georgia 

Department of Transportation (GA DOT) 

and the waterway users. 

The Coast Guard is issuing this TIR 

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 

TIR because doing so would be 

impracticable. This revised safety zone 

must be established by October 2, 2023, 

in order to protect vessels and waterway 

users from the potential hazards 

associated with demolition operations 

on the Causton Bluff Bridge. We lack 

sufficient time to provide a reasonable 

comment period and then to consider 

those comments before issuing the rule. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this TIR effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this TIR would be contrary to the 

public’s interest because we must 

ensure the protection of vessels and 

waterway users during the demolition 

operations. 

We are soliciting comments on this 

rulemaking. If we determine that 

changes to this rulemaking action are 

necessary, the Coast Guard will consider 

comments received in a subsequent TIR 

or temporary final rule. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port Savannah (COTP) 

has determined that potential hazards 

associated with the demolition 

operations of the Causton Bluff Bridge. 

This rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while the demolition project 

continues. 

IV. Discussion of Comments, Changes 

and the Rule 

As noted above, we received 23 

comment submissions on our TIR that 

published in the Federal Register on 

September 15, 2023. The commenters 

expressed concerns regarding the timing 

and duration of the demolition 

operations, the restrictions on daylight 

hour transit for recreational and 

commercial vessel traffic and related 

economic impacts, potential dangers to 

recreational vessels in the designated 

anchorage area during tropical storms 

and hurricanes, and the Coast Guard’s 

notification process. These concerns are 

discussed below. 

Several commenters expressed 

concerns about the timing of the 

demolition project, particularly about 

scheduling the work during peak 

‘‘snowbird’’ season, when seasonal 

recreational boaters transit from 

northern states to warmer southern 

states, and the economic impact on 

recreational vessel owners, along with 

other economic impacts to shoreside 

docks and marinas. 

The project sponsor and the Coast 

Guard are unable to further delay the 

project, as proposed by the commenters 

because of restrictions related to the 

Federal Endangered Species Act (ESA) 3

and related Georgia State regulations. 

The project location coincides with the 

habitat of the Atlantic sturgeon and 

shortnose sturgeon, which are protected 

as an Endangered species by the Federal 

ESA. The National Oceanic and 

Atmospheric Administration (NOAA) 


ddrumheller on DSK120RN23PROD with RULES1