39596 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations 

notify the requester that the request will 

be closed. 

* * * * * 

(i) * * * 

(4) When the component requires 

advance payment or payment due under 

paragraphs (i)(2) and (i)(3) of this 

section, the component will not further 

process the request until the required 

payment is made. The component will 

toll the processing of the request when 

it notifies the requester of the advanced 

payment due and this time will be 

excluded from the twenty (20) working 

day time limit (as specified in § 4.6(b)). 

If the requester does not pay the 

advance payment within 30 calendar 

days from the date of the component’s 

fee notice, the component will presume 

that the requester is no longer interested 

and notify the requester that the request 

will be closed. 

(j) Tolling. When necessary for the 

component to clarify issues regarding 

fee assessment with the FOIA requester, 

the time limit for responding to the 

FOIA request is tolled until the 

component resolves such issues with 

the requester. The tolling period is from 

the day a requester was contacted 

through the working day (i.e., excluding 

Saturdays, Sundays, and legal public 

holidays) on which a response was 

received by the responsible component. 

* * * * * 

(l) * * * 

(2) * * * 

(iii) The contribution to an 

understanding of the subject by the 

public likely to result from disclosure: 

Whether disclosure of the requested 

information will contribute to the 

understanding of a reasonably broad 

audience of persons interested in the 

subject, as opposed to the individual 

understanding of the requester. A 

requester’s expertise in the subject area 

and ability and intention to effectively 

convey information to the public shall 

be considered. It shall be presumed that 

a representative of the news media 

satisfies this consideration. 

* * * * * 

(3) * * * 

(ii) The primary interest in disclosure: 

Whether any identified commercial 

interest of the requester is sufficiently 

great, in comparison with the public 

interest in disclosure, that disclosure is 

‘‘primarily in the commercial interest of 

the requester.’’ A fee waiver or 

reduction is justified if the public 

interest standard (paragraph (l)(1)(i) of 

this section) is satisfied and the public 

interest is greater than any identified 

commercial interest in disclosure. 

Components ordinarily shall presume 

that if a news media requester has 

satisfied the public interest standard, 

the public interest is the primary 

interest served by disclosure to that 

requester. Disclosure to data brokers or 

others who merely compile and market 

Government information for direct 

economic return shall not be presumed 

to primarily serve the public interest. 

* * * * * 

(5) Requests for the waiver or 

reduction of fees should address the 

factors listed in paragraphs (l)(2) and (3) 

of this section, insofar as they apply to 

each request. 

■ 12. Amend Appendix A to Part 4 by 

revising the introductory text of 

paragraph (5) and paragraph (5)(v) to 

read as follows: 

Appendix A to Part 4—Freedom of 

Information Public Inspection 

Facilities, and Addresses for Requests 

for Records Under the Freedom of 

Information Act and Privacy Act, and 

Requests for Correction of Amendment 

Under the Privacy Act 

* * * * * 

(5) Economic Development 

Administration, Office of the Chief Counsel, 

U.S. Department of Commerce, 14th and 

Constitution Avenue NW, Room 72023, 

Washington, DC 20230; Ph.: (202) 482–3085; 

Fax: (202) 482–5671; FOIAonline: http://

foiaonline.regulations.gov. This component 

maintains a separate online Electronic FOIA 

Library through its website, http://

www.eda.gov. The following Regional EDA 

offices do not maintain separate online 

Electronic FOIA Libraries. 

* * * * * 

(v) Philadelphia Regional Office, EDA, U.S. 

Department of Commerce, Robert N.C. Nix 

Federal Building, 900 Market Street, Room 

602, Philadelphia, Pennsylvania 19107; Ph.: 

(215) 597–4603. 

* * * * * 

[FR Doc. 2018–17171 Filed 8–9–18; 8:45 am] 

BILLING CODE 3510–BX–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2018–0771] 

RIN 1625–AA08 

Special Local Regulation; Roanoke 

River, Plymouth, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation on 

the navigable waters of the Roanoke 

River in Plymouth, North Carolina. This 

special local regulation is intended to 

restrict vessel traffic on the Roanoke 

River during a high-speed boat race. The 

restriction of vessel traffic movement in 

the regulated area is intended to protect 

participants and spectators from the 

hazards posed by high-speed boat races. 

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 11 

a.m. on August 11, 2018, through 5 p.m. 

on August 12, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0771 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 Petty Officer Matthew Tyson, 

Waterways Management Division, U.S. 

Coast Guard Sector North Carolina, 

Wilmington, NC; telephone: 910–772– 

2221, email Matthew.I.Tyson@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 

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 the 

Coast Guard was not notified of the 

need for this rule until August 2, 2018, 

and it is impracticable and contrary to 

the public interest to delay this action. 

Waiting for a comment period to run 

would inhibit the Coast Guard’s ability 

to protect the public and participants 

from the dangers associated with the 

high-speed boat race scheduled to start 

on August 11, 2018. 


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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations 39597 

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 

the public and participants from the 

dangers associated with the high-speed 

boat race scheduled to start on August 

11, 2018. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1233. The 

COTP North Carolina has determined 

that potential hazards associated with 

the Virginia Outlaw Drag Boat 

Association Rumble on the Roanoke 

scheduled for 11 a.m. through 5 p.m. on 

August 11 and 12, 2018, is a safety 

concern for mariners during the highspeed boat race on the Roanoke River in 

Plymouth, 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 a special local 

regulation on a portion of the Roanoke 

River from 11 a.m. on August 11, 

through 5 p.m. on August 12, 2018. The 

rule will be enforced 11 a.m. through 5 

p.m. each of those days. The time of 

enforcement will be broadcast locally 

over VHF–FM marine radio. The special 

local regulation will include all 

navigable waters of the Roanoke River 

in Plymouth, North Carolina, from 

approximate positions: Latitude 

35°52′25′′ N, longitude 076°44′33′′ W, 

then northwest to latitude 35°52′29′′ N, 

longitude 076°44′37′′ W, then southwest 

along the shoreline to latitude 35°52′00′′ 

N, longitude 076°45′31′′ W, then south 

to latitude 35°51′56′′ N, longitude 

076°45′30′′ W, then northeast along the 

shoreline to the point of origin, a length 

of approximately one mile. The duration 

of this special local regulation is 

intended to protect participants and 

spectators on the navigable waters of the 

Roanoke River during the high-speed 

boat race. For safety reasons, no public 

spectators will be allowed to view the 

event from the waterway. Vessels may 

request permission to pass through the 

regulated area between race heats. No 

vessel or person will be permitted to 

enter the regulated area 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. 

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 special local regulation. 

Vessel traffic will not be allowed to 

enter or transit a portion of the Roanoke 

River from 11 a.m. through 5 p.m. on 

both August 11 and 12, 2018. The Coast 

Guard will transmit a Broadcast Notice 

to Mariners via VHF–FM marine 

channel 16 regarding the special local 

regulation. This portion of the Roanoke 

River has been determined to be a low 

traffic area during this time of the year. 

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 special 

local regulation may be small entities, 

for the reasons stated in section IV.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 will 

affect your small business, organization, 

or governmental jurisdiction and you 

have questions concerning its 

provisions or options for compliance, 

please contact 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

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 


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39598 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations 

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, which guides 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 a 

special local regulation lasting 

approximately six hours on two separate 

days that prohibits entry into a portion 

of the Roanoke River. It is categorically 

excluded from further review under 

paragraph L61 of Appendix A, Table 1 

of DHS Instruction Manual 023–01– 

001–01, Rev. 01. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233; 33 CFR 1.05– 

1. 

■ 2. Add § 100.35T05–0771 to read as 

follows: 

§ 100.35T05–0771 Special Local 

Regulation, Roanoke River, Plymouth, NC. 

(a) Location. The following area is a 

special local regulation: All navigable 

waters of the Roanoke River in 

Plymouth, North Carolina, from 

approximate positions: Latitude 

35°52′25′′ N, longitude 076°44′33′′ W, 

then northwest to latitude 35°52′29′′ N, 

longitude 076°44′37′′ W, then southwest 

along the shoreline to latitude 35°52′00′′ 

N, longitude 076°45′31′′ W, then south 

to latitude 35°51′56′′ N, longitude 

076°45′30′′ W, then northeast along the 

shoreline to the point of origin, a length 

of approximately one mile. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) means the 

Commander, Sector North Carolina. 

Official Patrol means any vessel 

assigned by the COTP North Carolina 

with a commissioned, warrant, or petty 

officer on board and displaying the 

Coast Guard ensign. 

Participants means persons and 

vessels involved in the high-speed boat 

race. 

Patrol Commander means a Coast 

Guard commissioned, warrant, or petty 

officer designated by the COTP North 

Carolina for the enforcement of the 

special local regulation. 

(c) Regulations. (1) The requirements 

of § 100.501(b) and (c)(1) and (2) apply 

to the area described in paragraph (a) of 

this section. 

(2) With the exception of participants, 

entry into or remaining in this special 

local regulation is prohibited unless 

authorized by the COTP North Carolina 

or the COTP North Carolina’s Patrol 

Commander. All other vessels must 

depart the special local regulation 

immediately upon the start of 

enforcement. 

(3) To request permission transit 

through the special local regulation, 

contact the COTP North Carolina or the 

COTP North Carolina’s Patrol 

Commander through the Coast Guard 

Sector North Carolina Command Duty 

Officer, Wilmington, North Carolina, at 

telephone number 910–343–3882 or on 

VHF–FM marine band radio channel 13 

(165.65 MHz) or channel 16 (156.8 

MHz). 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the special local 

regulation by Federal, State, and local 

agencies. 

(e) Enforcement period. This 

regulation will be enforced from 11 a.m. 

through 5 p.m. on both August 11 and 

12, 2018. 

Dated: August 6 2018. 

Bion B. Stewart, 

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

Port North Carolina. 

[FR Doc. 2018–17222 Filed 8–9–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0635] 

RIN 1625–AA00 

Safety Zone; Ski Show Sylvan Beach, 

Fish Creek, Oneida, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of Fish Creek during the 

Ski Show Sylvan Beach. This safety 

zone is intended to prohibit persons and 

vessels from a portion of Fish Creek 

during the Ski Show Sylvan Beach. This 

temporary safety zone is necessary to 

protect vessels and racers from the 

navigational hazards associated with the 

ski show. 

DATES: This rule is effective from 12:00 

p.m. until 8:00 p.m. on August 12, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0635 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 LTJG Sean Dolan, Chief of 

Waterways Management, U.S. Coast 

Guard Sector Buffalo; telephone 716– 

843–9322, email D09-SMB-SECBuffaloWWM@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 Information and 

Regulatory History 

On July 13, 2018 the Coast Guard 

published a Notice of Proposed 

Rulemaking (NPRM) titled Ski Show 

Sylvan Beach; Fish Creek, Oneida, NY 

(83 FR 32604). In that we discussed why 

we issued the NPRM and invited 

comments on our proposed regulatory 

action related to this Standup 

Paddleboard race. During the comment 

period that ended August 2, 2018 we 

received no relevant comments. 

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

Guard finds that good cause exists for 


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