16610
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La Crosse, WI, La Crosse Rgnl, VOR RWY 36,
Amdt 32A, CANCELLED
Menomonie, WI, Menomonie Muni-Score
Field, RNAV (GPS) RWY 9, Amdt 1
Menomonie, WI, Menomonie Muni-Score
Field, RNAV (GPS) RWY 27, Amdt 1
Menomonie, WI, Menomonie Muni-Score
Field, Takeoff Minimums and Obstacle DP,
Amdt 2
West Bend, WI, West Bend Muni, LOC RWY
31, Orig-D, CANCELLED
Berkeley Springs, WV, Potomac Airpark,
RNAV (GPS) RWY 11, Amdt 1A
Berkeley Springs, WV, Potomac Airpark,
RNAV (GPS) RWY 29, Amdt 1A
Berkeley Springs, WV, Potomac Airpark,
Takeoff Minimums and Obstacle DP, Amdt
2
Parkersburg, WV, Mid-Ohio Valley Rgnl, ILS
OR LOC RWY 3, Amdt 14C
Parkersburg, WV, Mid-Ohio Valley Rgnl,
RNAV (GPS) RWY 3, Amdt 2C
Parkersburg, WV, Mid-Ohio Valley Rgnl,
RNAV (GPS) RWY 10, Orig-C
Parkersburg, WV, Mid-Ohio Valley Rgnl,
RNAV (GPS) RWY 21, Amdt 2D
Parkersburg, WV, Mid-Ohio Valley Rgnl,
RNAV (GPS) RWY 28, Orig-C
Parkersburg, WV, Mid-Ohio Valley Rgnl,
VOR RWY 21, Amdt 17D
Casper, WY, Casper/Natrona County Intl,
LOC RWY 8, Orig, CANCELLED
Powell, WY, Powell Muni, NDB RWY 31,
Amdt 2C
Powell, WY, Powell Muni, RNAV (GPS) RWY
13, Orig-C
Powell, WY, Powell Muni, RNAV (GPS) RWY
31, Orig-C
[FR Doc. 2019–07830 Filed 4–19–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF STATE
22 CFR Parts 41 and 42
[Public Notice 10481]
RIN 1400–AE64
Refusal Procedures for Visas
AGENCY
: Department of State.
ACTION
: Final rule.
SUMMARY
: This rule is largely technical
in nature and conforms a narrow aspect
of the Department’s visa regulations to
the law. The current regulation requires
consular officers either to grant or deny
every visa application; however, the law
requires consular officers to take a
different action, i.e., discontinue
granting visas, when a country has been
sanctioned for denying or delaying
accepting one or more of its nationals
subject to a final order of removal from
the United States. This rule will modify
the current regulation to reflect this
option for consular officers to
discontinue granting visas to
individuals in sanctioned countries.
DATES
: This rule is effective on April 22,
2019.
FOR FURTHER INFORMATION CONTACT
:
Taylor Beaumont, Acting Chief,
Legislation and Regulations Division,
Office of Visa Services, Bureau of
Consular Affairs, Department of State,
600 19th St. NW, Washington, DC
20006, (202) 485–8910, VisaRegs@
state.gov.
SUPPLEMENTARY INFORMATION
:
Why is the Department promulgating
this rule?
The Department of State is
promulgating this rule to provide
guidance to consular officers
implementing section 243(d) of the
Immigration and Nationality Act, as
amended, codified at 8 U.S.C. 1253(d)
(hereinafter INA 243(d)), which is a tool
for the U.S. government to use to stop
the growth of an alien population in the
United States that the U.S. government
is having difficulty removing, due to a
lack of cooperation by the country of
nationality. At the same time
compelling foreign governments to
cooperate on removing from the United
States aliens subject to final orders of
removal is an important U.S.
government objective. This rule makes
clear that discontinuation of visa
granting is an acceptable alternative to
issuing or refusing a properly executed
visa application, and sets out
procedures for discontinuation of visa
issuance when INA 243(d) applies.
Section 243(d) of the INA provides
that the Secretary of State—following
notification from the Secretary of
Homeland Security that the government
of a foreign country has denied or
unreasonably delayed accepting an alien
who is the citizen, subject, national, or
resident of that country and is subject to
a final order of removal from the United
States—shall order consular officers in
that foreign country to ‘‘discontinue
granting’’ immigrant visas,
nonimmigrant visas, or both to citizens,
subjects, nationals, or residents in that
country. This provision initially existed
in Section 243(g) of the INA, but was
limited to immigrant visas. In 1996,
Congress re-designated the provision as
Section 243(d) and added
discontinuation of the granting of
nonimmigrant visas by U.S. consular
officers in the country as a potential
additional sanction against a country
that denies or unreasonably delays
accepting a covered individual. The
Secretary of State imposes such visa
sanctions by issuing an order to
consular officers that describes the
category or categories of visas and
applicants subject to discontinuation of
visa granting; the order can include
escalation measures if initial sanctions
prove ineffective at encouraging the
foreign government’s cooperation on
removals. For example, the Secretary
could order consular officers to
discontinue granting B–1 and B–2 visas
for personal travel by ministers of a
foreign government, with an escalation
measure that requires discontinuation of
F-category student visas for members of
the same foreign officials’ families after
6 months, if the country remains
uncooperative on removals.
Current regulations describing a
consular officer’s authority to refuse
visas state that the officer must issue or
refuse a visa when a ‘‘properly
completed and executed’’ visa
application is submitted (see 22 CFR
41.121(a) and 22 CFR 42.81(a) (relating
to nonimmigrant and immigrant visas,
respectively)), but make no reference to
a consular officer ‘‘discontinuing
granting’’ a visa when the Secretary of
State issues an INA 243(d) order. INA
243(d) sanctions are referenced only in
22 CFR 42.71(a), prohibiting a consular
officer from issuing an immigrant visa
when barred by sanctions under INA
243(d), unless the sanction has been
waived by DHS. This rule will better
inform the public of the third option
established by statute, by inserting
language in 22 CFR 41.121(a) and 22
CFR 42.81(a) indicating that the
consular officer may discontinue
granting (i.e., suspend issuance of) a
visa, as an alternative to issuance or
refusal, in the manner described in the
two new sections.
Two new sections, 22 CFR 41.123 and
22 CFR 42.84, (relating to nonimmigrant
and immigrant visas, respectively),
describe procedures for consular officers
who discontinue granting visas to
applicants who fall within the scope of
an INA 243(d) order. These sections
explain, among other things, that
beginning on the effective date of the
Secretary’s INA 243(d) order, no visas
that fall within the scope of the order
may be issued, but, in cases where an
alien has applied for a visa that falls
within that scope of the order and the
alien is found to be ineligible for such
visa, the application may be refused.
The new sections also explain that
discontinuance of granting may not be
waived, but once the sanction under
INA 243(d) is lifted, consular officers
within the affected post must complete
adjudication of the visa application,
consistent with regulations and
Department guidance, such as the
Foreign Affairs Manual (FAM).
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Federal Register / Vol. 84, No. 77 / Monday, April 22, 2019 / Rules and Regulations
Regulatory Findings
Administrative Procedure Act
The Department is publishing this
rule as a final rule because it is exempt
from notice and comment under the
foreign affairs exemption of the
Administrative Procedure Act (APA), 5
U.S.C. 553(a). In light of the impact
sanctions have on bilateral relations, it
is clear this rule ‘‘implicates matters of
diplomacy directly.’’ City of N.Y. v.
Permanent Mission of India to the U.N.,
618 F.3d 172, 202 (2d Cir. 2010).
In addition to providing a tool for the
U.S. government to stem the growth of
populations of an alien population in
the United States that the U.S.
government is having difficulty
removing, due to a lack of cooperation
by the country of nationality, INA
243(d) creates a tool for use in U.S.
diplomatic efforts: A means of
prompting foreign governments to
acquiesce in a request by the United
States to take back the foreign
government’s nationals by
discontinuing grants of visas to that
government’s nationals. Indeed, Section
243(d) is a key component of U.S.
diplomatic efforts. The provision comes
into play only after notification to the
Secretary of State that the Secretary of
Homeland Security has exhausted all
appropriate efforts for a foreign
government to accept its nationals who
have been ordered removed from the
United States and the foreign
government has refused to make any
significant progress on the issue. It
functions by lending weight to the
efforts of the Secretary of Homeland
Security and incentivizing a recalcitrant
government to retract its refusal. And it
ceases to operate when the Secretary of
State is notified that the government at
issue has acceded to the Secretary of
Homeland Security’s request. Thus,
every exercise of Section 243(d) directly
implicates actual diplomacy; a
regulation creating the procedure for
using this tool likewise has similar
consequences. Therefore, this regulation
is exempt from 5 U.S.C. 553 of the APA
because it involves a foreign affairs
function of the United States.
Regulatory Flexibility Act/Executive
Order 13272: Small Business
Because this final rule is exempt from
notice and comment rulemaking under
5 U.S.C. 553, it is exempt from the
regulatory flexibility analysis
requirements set forth by the Regulatory
Flexibility Act (5 U.S.C. 603 and 604).
Nonetheless, consistent with the
Regulatory Flexibility Act (5 U.S.C.
605(b)), the Department certifies that
this rule will not have a significant
economic impact on a substantial
number of small entities. Any economic
impact the rule may seem to have
actually is attributable to the underlying
law, INA 243(d), which this rule
directly implements.
Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded
Mandates Reform Act of 1995, 2 U.S.C.
1532, generally requires agencies to
prepare a statement before proposing
any rule that may result in an annual
expenditure of $100 million or more by
State, local, or tribal governments, or by
the private sector. This rule will not
result in any such expenditure, nor will
it significantly or uniquely affect small
governments.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by 5 U.S.C. 804. The
Department is aware of no monetary
effect on the economy that would
directly result from this rulemaking, nor
will there be any increase in costs or
prices; or any effect on competition,
employment, investment, productivity,
innovation, or the ability of United
States-based companies to compete with
foreign-based companies in domestic
and import markets.
Executive Order 12866/Executive Order
13563
The Department of State has reviewed
this rule to ensure its consistency with
the regulatory philosophy and
principles set forth in Executive Order
12866. This rule governs the technical
aspects of visa procedures required for
implementation of INA 243(d), ensuring
that guidance regarding that statue is
clear and consistent across visa
categories and posts.
The exercise of authority under INA
243(d), consistent with this regulation,
would restrict the ability of some visa
applicants, including potentially large
numbers of visa applicants from a given
country who apply for visas in that
country, from obtaining U.S. visas—,
which could in turn have economic
impact on individual transactions
within the United States associated with
the applicant’s proposed purpose of
travel. Consular officers may not
discontinue granting visas under this
regulation for any purpose beyond that
explicitly authorized already by INA
243(d), which authorizes the Secretary
of Homeland Security to notify the
Secretary of State that a country has
denied or unreasonably delayed
accepting an alien subject to a final
order of removal, and thereafter requires
the Secretary of State to issues an order
describing the scope of visa sanctions to
be imposed.
Historically, the Secretary of State has
strategically tailored visa sanctions to
achieve critical foreign policy
objectives, taking into account the
circumstances of the country or
population being targeted by the
sanctions. There is no set formula,
though, notably State has never issued
a blanket refusal for visas from the
country in question. For some countries,
sanctions begin by targeting officials
who work in the ministries responsible
for accepting the return of that country’s
nationals, with escalation scenarios that
target family members of those officials
and, potentially, officials of other
ministries, and then other categories of
applicants, if initial sanctions do not
prove effective at encouraging greater
cooperation on removals by the targeted
government. For other countries,
sanctions could begin more broadly. As
provided for in INA 243(d), any country
that fails to cooperate in the repatriation
of its nationals subject to final orders of
removal from the United States may be
subject to sanctions, the scope of which
will depend on the circumstances at the
time the sanctions are implemented.
Since the law was modified to cover
nonimmigrant visas in 1996, 318 visa
applicants have been affected, and
sanctions have been imposed on 10
countries: Guyana (2001), The Gambia
(2016), Cambodia, Eritrea, Guinea, and
Sierra Leone (2017); Burma and Laos
(2018); and Ghana and Pakistan (2019).
During this same time period, tens of
millions of aliens have received
nonimmigrant visas including,
collectively, millions of applicants from
the 10 countries affected. Given the
scope of historic INA 243(d) sanctions,
and the scale of nonimmigrant visa
travel to the United States as a whole,
the economic impact of INA 243(d) visa
sanctions to date has been de minimis,
but far broader sanctions could be
imposed to achieve the objectives of
INA 243(d). Because future application
of these sanctions is based on
unpredictable actions by foreign
governments; complex assessments by
DHS that cannot be pre-determined; and
strategic foreign policy-related decisions
by the Secretary of State, taking into
account the circumstances of the
bilateral relationship at the particular
time, the Department is unable to
estimate any particular future economic
impact of INA 243(d) sanctions.
The Office of Management and Budget
(OMB) has determined that this is a
significant regulatory action under
Executive Order 12866. As such, OMB
has reviewed this regulation.
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Federal Register / Vol. 84, No. 77 / Monday, April 22, 2019 / Rules and Regulations
Executive Orders 12372 and 13132:
Federalism
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government. The rule will not
have federalism implications warranting
the application of Executive Orders
12372 and 13132.
Executive Order 12988: Civil Justice
Reform
The Department has reviewed the
regulation in light of sections 3(a) and
3(b)(2) of Executive Order 12988 to
eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.
Executive Order 13563: Improving
Regulation and Regulatory Review
The Department has considered this
rule in light of Executive Order 13563,
dated January 18, 2011, and affirms that
this regulation is consistent with the
guidance therein.
Executive Order 13771—Reducing
Regulation and Controlling Regulatory
Costs
This rule is not subject to the
requirements of Executive Order 13771,
because its likely impact is de minimis.
Paperwork Reduction Act
This rule does not impose new or
revised information collection
requirements under the provisions of
the Paperwork Reduction Act, 44 U.S.C.
Chapter 35.
List of Subjects
22 CFR Part 41
Aliens, Foreign officials, Immigration,
Documentation of nonimmigrants,
Passports and visas.
22 CFR Part 42
Immigration, Passports and visas.
For the reasons stated in the
preamble, the Department of State
amends 22 CFR parts 41 and 42 as
follows:
PART 41—VISAS: DOCUMENTATION
OF NONIMMIGRANTS UNDER THE
IMMIGRATION AND NATIONALITY
ACT, AS AMENDED
■ 1. The authority citation for part 41 is
revised to read as follows:
Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104,
1201, 1202, 1253; 6 U.S.C. 236; Public Law
105–277, 112 Stat. 2681–795 through 2681–
801; 8 U.S.C. 1185 note (section 7209 of Pub.
L. 108–458, as amended by section 546 of
Pub. L. 109–295).
■ 2. In § 41.121, the section heading and
paragraph (a) are revised to read as
follows:
§ 41.121 Refusal of nonimmigrant visas.
(a) Grounds for refusal. Nonimmigrant
visa refusals must be based on legal
grounds, such as one or more provisions
of INA 212(a), INA 212(e), INA 214(b) or
(f) or (l) (as added by Section 625 of
Pub. L. 104–208), INA 221(g), INA
222(g), or other applicable law. Certain
classes of nonimmigrant aliens are
exempted from specific provisions of
INA 212(a) under INA 102 and, upon a
basis of reciprocity, under INA
212(d)(8). When a visa application has
been properly completed and executed
in accordance with the provisions of the
INA and the implementing regulations,
the consular officer must issue the visa,
refuse the visa, or, pursuant to an
outstanding order under INA 243(d),
discontinue granting the visa.
* * * * *
■ 3. Add § 41.123 to read as follows:
§ 41.123. Discontinuance of Granting
Nonimmigrant Visa Pursuant to INA 243(d).
(a) Grounds for discontinuance of
granting a visa. Consular officers in a
country subject to an order by the
Secretary under INA 243(d) shall
discontinue granting nonimmigrant
visas for categories of nonimmigrant
visas specified in the order of the
Secretary (or his or her designee), and
pursuant to procedures dictated by the
Department.
(b) Discontinuance procedure—(1)
Applications refused or discontinued
only. Starting on the day the Secretary’s
(or designee’s) order to discontinue
granting visas takes effect (effective
date), no visas falling within the scope
of the order, as described by the order,
may be issued in the referenced country
to an applicant who falls within the
scope of the order, except as otherwise
expressly provided in the order or
related Department instructions.
Beginning on the effective date, a
consular officer must refuse the visa if
the individual is not eligible for the visa
under INA 212(a), INA 221(g), or other
applicable law, but if the applicant is
otherwise eligible, must process the
application by discontinuing granting,
regardless of when the application was
filed, if the applicant falls within the
scope of the order and no exception
applies. The application processing fee
will not be refunded. The requirement
to discontinue issuance may not be
waived, and continues until the
sanction is terminated as described
below.
(2) Geographic applicability. Visa
sanctions under INA 243(d) only apply
to visa issuance in the country that is
sanctioned. If a consular officer has a
reason to believe that a visa applicant
potentially subject to INA 243(d)
sanctions is applying at a post outside
the sanctioned country to evade visa
sanctions under INA 243(d) (e.g., the
applicant provides no credible
explanation for applying outside the
country), the consular officer will
transfer the case to the consular post in
the consular district where INA 243(d)
sanctions apply, review any other
applicable Department instructions, and
proceed accordingly. When cases are
transferred to a consular district where
INA 243(d) sanctions apply, the
adjudication will be subject to the
discontinuation of issuance under the
sanctions.
(c) Termination of sanction. The
Department shall notify consular
officers in an affected country when the
sanction under INA 243(d) has been
lifted. After notification, normal
consular operations may resume
consistent with these regulations and
guidance from the Department. Once the
sanction under INA 243(d) is lifted, no
new application processing fee is
required in cases where issuance has
been discontinued pursuant to an INA
243(d) order, and consular officers in
the affected post must adjudicate the
visa consistent with regulations and
Department guidance. Consular officers
may require applicants to update the
visa application forms, must conduct
any necessary adjudicatory steps, and
may re-interview the applicant to
determine eligibility.
PART 42—VISAS: DOCUMENTATION
OF IMMIGRANTS UNDER THE
IMMIGRATION AND NATIONALITY
ACT, AS AMENDED
■ 4. The authority citation for part 42
continues to read as follows:
Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104,
1201, 1202, 1253; 6 U.S.C. 236; Public Law
105–277, 112 Stat. 2681–795 through 2681–
801; 8 U.S.C. 1185 note (section 7209 of Pub.
L. 108–458, as amended by section 546 of
Pub. L. 109–295).
■ 5. In § 42.81, the section heading and
paragraph (a) are revised to read as
follows:
§ 42.81 Procedure in refusing immigrant
visas.
(a) Grounds for refusal. When a visa
application has been properly
completed and executed before a
consular officer in accordance with the
provisions of the INA and the
implementing regulations, the consular
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officer must issue the visa, refuse the
visa under INA 212(a) or 221(g) or other
applicable law or, pursuant to an
outstanding order under INA 243(d),
discontinue granting the visa.
* * * * *
■ 6. Add § 42.84 to read as follows:
§ 42.84 Discontinuance of Granting
Immigrant Visa Pursuant to INA 243(d).
(a) Grounds for discontinuance of
granting a visa. Consular officers in a
country subject to an order by the
Secretary under INA 243(d) shall
discontinue granting immigrant visas for
categories of immigrant visas specified
in the order of the Secretary (or his or
her designee), and pursuant to
procedures dictated by the Department.
(b) Discontinuance procedure—(1)
Applications refused or discontinued
only. Starting on the day the Secretary’s
(or designee’s) order to discontinue
granting visas takes effect (effective
date), no visas falling within the scope
of the order, as described by the order,
may be issued in the referenced country
to an applicant who falls within the
scope of the order, except as otherwise
expressly provided in the order or
related Department instructions.
Beginning on the effective date, a
consular officer must refuse the visa if
the individual is not eligible for the visa
under INA 212(a), INA 221(g), or other
applicable law, but if the applicant is
otherwise eligible must process the
application by discontinuing granting,
regardless of when the application was
filed, if the applicant falls within the
scope of the order and no exception
applies. The application processing fee
will not be refunded. The requirement
to discontinue issuance may not be
waived, and continues until the
sanction is terminated as described
below. In the case of diversity
immigrant selectees applying under INA
203(c), if the discontinuance of granting
has not been lifted by the end of the
fiscal year, the applicant will not be
eligible for a diversity visa for that fiscal
year, regardless of the status of the
diversity immigrant visa application at
the time 243(d) sanctions were imposed.
(2) Geographic applicability. Visa
sanctions under INA 243(d) only apply
to visa issuance in the country that is
sanctioned. If a consular officer has a
reason to believe that a visa applicant
potentially subject to INA 243(d)
sanctions is applying at a post outside
the sanctioned country to evade visa
sanctions under INA 243(d), (e.g., the
applicant provides no credible
explanation for applying outside the
country) the consular officer will
transfer the case to the consular post in
the consular district where INA 243(d)
sanctions apply, review any other
applicable Department instructions and
proceed accordingly. When cases are
transferred to a consular district where
INA 243(d) sanctions apply, the
adjudication will be subject to the
discontinuation of issuance under the
sanctions.
(b) Termination of sanction. The
Department shall notify consular
officers in an affected country the
sanction under INA 243(d) has been
lifted. After notification, normal
consular operations may resume
consistent with these regulations and
guidance from the Department. Once the
sanction under INA 243(d) is lifted, no
new application processing fees are
required in cases where issuance has
been discontinued pursuant to an INA
243(d) order, and consular officers in
the affected post must adjudicate the
visa application consistent with
regulations and Department guidance.
Consular officers may require applicants
to update the visa application forms,
must conduct any necessary
adjudicatory steps, and may re-
interview to determine eligibility. In
numerically controlled immigrant visa
categories, an applicant’s immigrant
visa priority date may no longer be
current once sanctions under INA
243(d) are lifted, in which case the
applicant must await visa availability.
Dated: April 11, 2019
Carl C. Risch,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. 2019–08061 Filed 4–19–19; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0160]
RIN 1625–AA00
Safety Zone; Sabine River, Orange, TX
AGENCY
: Coast Guard, DHS.
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of the Sabine
River, extending the entire width of the
river, adjacent to the public boat ramp
located in Orange, TX. This action is
necessary to protect persons and vessels
from hazards associated with a high-
speed Jet Ski race competition in
Orange, TX. Entry of vessels or persons
into this zone is prohibited unless
authorized by the Captain of the Port
Marine Safety Unit Port Arthur or a
designated representative.
DATES
: This rule is effective from 10
a.m. on April 27, 2019 through 6 p.m.
on April 28, 2019.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0160 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 Mr. Scott Whalen, Marine Safety
Unit Port Arthur, U.S. Coast Guard;
telephone 409–719–5086, email
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety
Unit Port Arthur
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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 an
NPRM with respect to this rule because
it is impracticable. This safety zone
must be established by April 27, 2019
and we lack sufficient time to provide
a reasonable comment period and then
consider those comments before issuing
this rule. The NPRM process would
delay the establishment of the safety
zone until after the dates of the high-
speed races and compromise public
safety.
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 potential
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