[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Rules and Regulations]
[Pages 39596-39598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17222]


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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.

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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 <a href="/cdn-cgi/l/email-protection#df92beababb7baa8f196f18ba6acb0b19faaacbcb8f1b2b6b3"><span class="__cf_email__" data-cfemail="7e331f0a0a161b095037502a070d11103e0b0d1d1950131712">[email protected]</span></a>.

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 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.

[[Page 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 high-speed 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[deg]52'25'' N, longitude 
076[deg]44'33'' W, then northwest to latitude 35[deg]52'29'' N, 
longitude 076[deg]44'37'' W, then southwest along the shoreline to 
latitude 35[deg]52'00'' N, longitude 076[deg]45'31'' W, then south to 
latitude 35[deg]51'56'' N, longitude 076[deg]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

[[Page 39598]]

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

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  100.35T05-0771 to read as follows:


Sec.  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[deg]52'25'' N, longitude 
076[deg]44'33'' W, then northwest to latitude 35[deg]52'29'' N, 
longitude 076[deg]44'37'' W, then southwest along the shoreline to 
latitude 35[deg]52'00'' N, longitude 076[deg]45'31'' W, then south to 
latitude 35[deg]51'56'' N, longitude 076[deg]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 Sec.  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


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