45986 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations 

Figure 2–1 of the Commandant 

Instruction. 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. 

VI. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape this 

rulemaking. If you submit a comment, 

please include the docket number for 

this rulemaking, indicate the specific 

section of this document to which each 

comment applies, and provide a reason 

for each suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this TIR as 

being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

Web site’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted. 

List of Subjects in 33 CFR Part 165 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C 1231; 50 U.S.C. 191, 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T01–0937 to read as 

follows: 

§ 165.T01–0937 Safety Zone; Belt Parkway 

Bridge Construction, Gerritsen Inlet, 

Brooklyn, NY. 

(a) Location. The following area is a 

safety zone: All navigable waters of 

Gerritsen Inlet: Southeast of a line from 

40°35′09.46′′ N., 073°54′53.92′′ W. to 

40°35′15.60′′ N., 073°54′42.07′′ W., and 

Northwest of a line from 40°35′04.88′′ 

N., 073°54′45.43′′ W. to 40°35′10.34′′ N., 

073°54′35.71′′ W. (NAD 83). 

(b) Definitions. The following 

definitions apply to this section: 

(1) Designated Representative. A 

‘‘designated representative’’ is any Coast 

Guard commissioned, warrant or petty 

officer of the U.S. Coast Guard who has 

been designated by the Captain of the 

Port Sector New York (COTP), to act on 

his or her behalf. The designated 

representative may be on an official 

patrol vessel or may be on shore and 

will communicate with vessels via 

VHF–FM radio or loudhailer. In 

addition, members of the Coast Guard 

Auxiliary may be present to inform 

vessel operators of this regulation. 

(2) Official Patrol Vessels. Official 

patrol vessels may consist of any Coast 

Guard, Coast Guard Auxiliary, state, or 

local law enforcement vessels assigned 

or approved by the COTP. 

(c) Enforcement Periods. 

(1) This regulation is enforceable 24 

hours a day from 12:01 a.m. on October 

1, 2017 through December 31, 2018. 

(2) Prior to commencing or 

suspending enforcement of this 

regulation, the COTP and designated onscene patrol personnel will notify the 

public whenever the regulation is being 

enforced and whenever enforcement is 

lifted, to include dates and times. The 

means of notification will include, but 

are not limited to, Broadcast Notice to 

Mariners and Local Notice to Mariners, 

Marine Safety Information Bulletins, or 

other appropriate means. 

(d) Regulations. (1) The general 

regulations contained in 33 CFR 165.23, 

as well as the following regulations, 

apply. 

(2) During periods of enforcement, all 

persons and vessels must comply with 

all orders and directions from the COTP 

or the COTP’s designated representative. 

(3) During periods of enforcement, 

upon being hailed by a U.S. Coast Guard 

vessel by siren, radio, flashing light, or 

other means, the operator of the vessel 

must proceed as directed. 

Dated: September 14, 2017. 

M.H. Day, 

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

Port New York. 

[FR Doc. 2017–21232 Filed 10–2–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0886] 

RIN 1625–AA00 

Safety Zone; Roanoke River, Plymouth, 

NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

one mile of navigable waters of the 

Roanoke River in Plymouth, North 

Carolina. This temporary safety zone is 

intended to restrict vessel traffic from a 

portion of the Roanoke River during the 

Virginia Outlaw Drag Boat Association 

End of the Year Showdown high speed 

boat race. This action is intended to 

restrict vessel traffic movement in the 

regulated area to protect participants, 

spectators, and property from the 

hazards posed by high speed boat races. 

Entry of vessels or persons into this 

safety zone 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 October 7, 2017, through 6 p.m. 

on October 8, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble, go to 

http://www.regulations.gov, type USCG– 

2017–0886 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, contact 

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 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations 45987 

COTP Captain of the Port 

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 a 

notice of proposed rulemaking (NPRM) 

with respect to this rule. The Coast 

Guard was not notified of the need for 

this rule until September 13, 2017. It is 

impracticable and contrary to the public 

interest to delay this action. Waiting for 

a comment period to run would inhibit 

the Coast Guards’ ability to protect the 

public and participants from the 

dangers associated with the high speed 

boat race scheduled on October 7 and 

October 8, 2017. 

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

Guard finds that good cause exists for 

making this temporary rule effective less 

than 30 days after publication in the 

Federal Register. Immediate 

implementation is required to protect 

the public and participants from the 

dangers associated with these activities. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

COTP North Carolina has determined 

that potential hazards associated with 

the Virginia Outlaw Drag Boat 

Association End of the Year Showdown 

scheduled on October 7 and October 8, 

2017, 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 persons and vessels from the 

potential hazards associated with the 

high speed boat race. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

which will be enforced for portions of 

the day on October 7 and October 8, 

2017, on the navigable waters of the 

Roanoke River in Plymouth, North 

Carolina. The safety zone will include 

all navigable waters 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, on the 

Roanoke River, Plymouth, North 

Carolina. This safety zone will be 

established for the safety of mariners 

and participants during the high speed 

boat race. For safety reasons, no public 

spectators will be allowed to view the 

event from the waterway. Vessel traffic 

will be able to pass through the safety 

zone between race sets with permission. 

No vessel or person will be permitted to 

enter the safety zone 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. 

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, the 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 safety zone. The 

regulation enforcement period, 

approximately seven hours per day for 

two consecutive days, should not overly 

burden vessel traffic given its short 

duration. This safety zone will impact a 

one mile segment of the Roanoke River, 

Plymouth, NC. Additionally, the rule 

allows for vessel operators to request 

permission from the COTP North 

Carolina or the designated 

representative to enter and transit 

through the safety zone. The Coast 

Guard will issue a Broadcast Notice to 

Mariners to notify vessels in the region 

of the establishment of this regulation. 

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 the precise number of small 

entities impacted is unknown, the 

Roanoke River has a low number of 

vessels transiting the area planned for 

the safety zone during the enforcement 

period. Although 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 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, 


jstallworth on DSKBBY8HB2PROD with RULES
45988 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations 

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 

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 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

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 a safety 

zone lasting 7 hours per day on two 

consecutive days that prohibits entry 

into a portion of Roanoke River, 

Plymouth, NC. It is categorically 

excluded from further review under 

paragraph 34(g) of Figure 2–1 of 

Commandant Instruction M16475.lD. 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 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T05–0886 to read as 

follows: 

§ 165.T05–0886 Safety Zone, Roanoke 

River Plymouth, NC. 

(a) Location. The following area is a 

safety zone: All navigable 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. 

(WGS 84), then northeast along the 

shoreline to the point of origin, on the 

Roanoke River, Plymouth, North 

Carolina. 

(b) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, that includes a Coast 

Guard commissioned, warrant or petty 

officer designated by the Captain of the 

Port North Carolina (COTP) for the 

enforcement of the safety zone. ‘‘Captain 

of the Port’’ means the Commander, 

Coast Guard Sector North Carolina. 

‘‘Participants’’ means persons and 

vessels involved in the high speed boat 

race. 

(c) Regulations. (1) The general 

regulations governing safety zones in 

§ 165.23 apply to the area described in 

paragraph (a) of this section. 

(2) With the exception of participants, 

entry into or remaining in this safety 

zone is prohibited unless authorized by 

the COTP North Carolina or the COTP 

North Carolina’s designated 

representative. All vessels within this 

safety zone when this section becomes 

effective must depart the zone 

immediately. 

(3) To request permission to remain 

in, enter, or transit through the safety 

zone, contact the COTP North Carolina 

or the COTP North Carolina’s 

representative 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 safety zone by 

Federal, State, and local agencies. 

(e) Enforcement period. This section 

will be enforced from 11 a.m. through 

6 p.m. daily on October 7 and October 

8, 2017. 

Dated: September 27, 2017. 

Bion B. Stewart, 

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

Port, North Carolina. 

[FR Doc. 2017–21100 Filed 10–2–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0577] 

RIN 1625–AA11 

Safety Zone, Blue Angels Air Show; St. 

Johns River, Jacksonville, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the waters 

of the St. Johns River in vicinity of 

Naval Air Station (NAS) Jacksonville, 

Florida during the Blue Angels Air 

Show. This rulemaking prohibits 

persons and vessels from being in the 

safety zone unless authorized by the 

Captain of the Port (COTP) Jacksonville 

or a designated representative. 

DATES: This rule is effective from 8 a.m. 

on November 3, 2017 through 5 p.m. on 

November 5, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0577 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 


jstallworth on DSKBBY8HB2PROD with RULES