82_FR_46176 82 FR 45986 - Safety Zone; Roanoke River, Plymouth, NC

82 FR 45986 - Safety Zone; Roanoke River, Plymouth, NC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 190 (October 3, 2017)

Page Range45986-45988
FR Document2017-21100

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.

Federal Register, Volume 82 Issue 190 (Tuesday, October 3, 2017)
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Rules and Regulations]
[Pages 45986-45988]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21100]


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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.

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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: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations

[[Page 45987]]

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  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[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, 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,

[[Page 45988]]

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

0
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.

0
2. Add Sec.  165.T05-0886 to read as follows:


Sec.  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[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. (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 Sec.  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



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

                                                Figure 2–1 of the Commandant                            PART 165—REGULATED NAVIGATION                           (3) During periods of enforcement,
                                                Instruction. A Record of Environmental                  AREAS AND LIMITED ACCESS AREAS                        upon being hailed by a U.S. Coast Guard
                                                Consideration supporting this                                                                                 vessel by siren, radio, flashing light, or
                                                determination is available in the docket                ■ 1. The authority citation for part 165              other means, the operator of the vessel
                                                where indicated under ADDRESSES.                        continues to read as follows:                         must proceed as directed.
                                                                                                          Authority: 33 U.S.C 1231; 50 U.S.C. 191,              Dated: September 14, 2017.
                                                G. Protest Activities                                   33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;                 M.H. Day,
                                                                                                        Department of Homeland Security Delegation
                                                  The Coast Guard respects the First                    No. 0170.1.
                                                                                                                                                              Captain, U.S. Coast Guard, Captain of the
                                                Amendment rights of protesters.                                                                               Port New York.
                                                Protesters are asked to contact the                     ■ 2. Add § 165.T01–0937 to read as                    [FR Doc. 2017–21232 Filed 10–2–17; 8:45 am]
                                                person listed in the FOR FURTHER                        follows:                                              BILLING CODE 9110–04–P
                                                INFORMATION CONTACT section to
                                                                                                        § 165.T01–0937 Safety Zone; Belt Parkway
                                                coordinate protest activities so that your              Bridge Construction, Gerritsen Inlet,
                                                message can be received without                                                                               DEPARTMENT OF HOMELAND
                                                                                                        Brooklyn, NY.                                         SECURITY
                                                jeopardizing the safety or security of                     (a) Location. The following area is a
                                                people, places or vessels.                              safety zone: All navigable waters of                  Coast Guard
                                                VI. Public Participation and Request for                Gerritsen Inlet: Southeast of a line from
                                                Comments                                                40°35′09.46″ N., 073°54′53.92″ W. to                  33 CFR Part 165
                                                                                                        40°35′15.60″ N., 073°54′42.07″ W., and                [Docket Number USCG–2017–0886]
                                                   We view public participation as                      Northwest of a line from 40°35′04.88″
                                                essential to effective rulemaking, and                  N., 073°54′45.43″ W. to 40°35′10.34″ N.,              RIN 1625–AA00
                                                will consider all comments and material                 073°54′35.71″ W. (NAD 83).
                                                                                                           (b) Definitions. The following                     Safety Zone; Roanoke River, Plymouth,
                                                received during the comment period.                                                                           NC
                                                Your comment can help shape this                        definitions apply to this section:
                                                rulemaking. If you submit a comment,                       (1) Designated Representative. A                   AGENCY:     Coast Guard, DHS.
                                                please include the docket number for                    ‘‘designated representative’’ is any Coast            ACTION:    Temporary final rule.
                                                this rulemaking, indicate the specific                  Guard commissioned, warrant or petty
                                                                                                        officer of the U.S. Coast Guard who has               SUMMARY:   The Coast Guard is
                                                section of this document to which each
                                                                                                        been designated by the Captain of the                 establishing a temporary safety zone for
                                                comment applies, and provide a reason                                                                         one mile of navigable waters of the
                                                for each suggestion or recommendation.                  Port Sector New York (COTP), to act on
                                                                                                        his or her behalf. The designated                     Roanoke River in Plymouth, North
                                                   We encourage you to submit                           representative may be on an official                  Carolina. This temporary safety zone is
                                                comments through the Federal                            patrol vessel or may be on shore and                  intended to restrict vessel traffic from a
                                                eRulemaking Portal at http://                           will communicate with vessels via                     portion of the Roanoke River during the
                                                www.regulations.gov. If your material                   VHF–FM radio or loudhailer. In                        Virginia Outlaw Drag Boat Association
                                                cannot be submitted using http://                       addition, members of the Coast Guard                  End of the Year Showdown high speed
                                                www.regulations.gov, contact the person                 Auxiliary may be present to inform                    boat race. This action is intended to
                                                in the FOR FURTHER INFORMATION                          vessel operators of this regulation.                  restrict vessel traffic movement in the
                                                CONTACT section of this document for                       (2) Official Patrol Vessels. Official              regulated area to protect participants,
                                                alternate instructions.                                 patrol vessels may consist of any Coast               spectators, and property from the
                                                                                                        Guard, Coast Guard Auxiliary, state, or               hazards posed by high speed boat races.
                                                   We accept anonymous comments. All                                                                          Entry of vessels or persons into this
                                                comments received will be posted                        local law enforcement vessels assigned
                                                                                                        or approved by the COTP.                              safety zone is prohibited unless
                                                without change to http://                                                                                     specifically authorized by the Captain of
                                                www.regulations.gov and will include                       (c) Enforcement Periods.
                                                                                                           (1) This regulation is enforceable 24              the Port (COTP), North Carolina or a
                                                any personal information you have                                                                             designated representative.
                                                                                                        hours a day from 12:01 a.m. on October
                                                provided. For more about privacy and                                                                          DATES: This rule is effective from 11
                                                                                                        1, 2017 through December 31, 2018.
                                                the docket, visit http://                                                                                     a.m. on October 7, 2017, through 6 p.m.
                                                                                                           (2) Prior to commencing or
                                                www.regulations.gov/privacyNotice.                                                                            on October 8, 2017.
                                                                                                        suspending enforcement of this
                                                   Documents mentioned in this TIR as                   regulation, the COTP and designated on-               ADDRESSES: To view documents
                                                being available in the docket, and all                  scene patrol personnel will notify the                mentioned in this preamble, go to
                                                public comments, will be in our online                  public whenever the regulation is being               http://www.regulations.gov, type USCG–
                                                docket at http://www.regulations.gov                    enforced and whenever enforcement is                  2017–0886 in the ‘‘SEARCH’’ box and
                                                and can be viewed by following that                     lifted, to include dates and times. The               click ‘‘SEARCH.’’ Click on Open Docket
                                                Web site’s instructions. Additionally, if               means of notification will include, but               Folder on the line associated with this
                                                you go to the online docket and sign up                 are not limited to, Broadcast Notice to               rule.
                                                for email alerts, you will be notified                  Mariners and Local Notice to Mariners,                FOR FURTHER INFORMATION CONTACT: If
                                                when comments are posted.                               Marine Safety Information Bulletins, or               you have questions on this rule, contact
                                                                                                        other appropriate means.                              Petty Officer Matthew Tyson,
                                                List of Subjects in 33 CFR Part 165                        (d) Regulations. (1) The general                   Waterways Management Division, U.S.
jstallworth on DSKBBY8HB2PROD with RULES




                                                  Marine safety, Navigation (water),                    regulations contained in 33 CFR 165.23,               Coast Guard Sector North Carolina,
                                                Reporting and recordkeeping                             as well as the following regulations,                 Wilmington, NC; telephone: 910–772–
                                                requirements, waterways.                                apply.                                                2221, email: Matthew.I.Tyson@uscg.mil.
                                                                                                           (2) During periods of enforcement, all             SUPPLEMENTARY INFORMATION:
                                                  For the reasons discussed in the                      persons and vessels must comply with
                                                preamble, the Coast Guard amends 33                     all orders and directions from the COTP               I. Table of Abbreviations
                                                CFR part 165 as follows:                                or the COTP’s designated representative.              CFR      Code of Federal Regulations



                                           VerDate Sep<11>2014   15:04 Oct 02, 2017   Jkt 244001   PO 00000   Frm 00032   Fmt 4700   Sfmt 4700   E:\FR\FM\03OCR1.SGM   03OCR1


                                                                  Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations                                        45987

                                                COTP Captain of the Port                                to latitude 35°52′29″ N., longitude                   B. Impact on Small Entities
                                                DHS Department of Homeland Security                     076°44′37″ W., then southwest along the
                                                FR Federal Register                                                                                              The Regulatory Flexibility Act of
                                                                                                        shoreline to latitude 35°52′00″ N.,                   1980, 5 U.S.C. 601–612, as amended,
                                                NPRM Notice of proposed rulemaking
                                                § Section                                               longitude 076°45′31″ W., then south to                requires Federal agencies to consider
                                                U.S.C. United States Code                               latitude 35°51′56″ N., longitude                      the potential impact of regulations on
                                                                                                        076°45′30″ W., then northeast along the               small entities during rulemaking. The
                                                II. Background Information and                          shoreline to the point of origin, on the              term ‘‘small entities’’ comprises small
                                                Regulatory History                                      Roanoke River, Plymouth, North                        businesses, not-for-profit organizations
                                                   The Coast Guard is issuing this                      Carolina. This safety zone will be                    that are independently owned and
                                                temporary rule without prior notice and                 established for the safety of mariners                operated and are not dominant in their
                                                opportunity to comment pursuant to                      and participants during the high speed                fields, and governmental jurisdictions
                                                authority under section 4(a) of the                     boat race. For safety reasons, no public              with populations of less than 50,000.
                                                Administrative Procedure Act (APA) (5                   spectators will be allowed to view the                The Coast Guard certifies under 5 U.S.C.
                                                U.S.C. 553(b)). This provision                          event from the waterway. Vessel traffic               605(b) that this rule will not have a
                                                authorizes an agency to issue a rule                    will be able to pass through the safety               significant economic impact on a
                                                without prior notice and opportunity to                 zone between race sets with permission.               substantial number of small entities.
                                                comment when the agency for good                        No vessel or person will be permitted to                 While the precise number of small
                                                cause finds that those procedures are                                                                         entities impacted is unknown, the
                                                                                                        enter the safety zone without obtaining
                                                impracticable, unnecessary, or contrary                                                                       Roanoke River has a low number of
                                                                                                        permission from the COTP North
                                                to the public interest. Under 5 U.S.C.                                                                        vessels transiting the area planned for
                                                                                                        Carolina or a designated representative.
                                                553(b)(B), the Coast Guard finds that                                                                         the safety zone during the enforcement
                                                good cause exists for not publishing a                  V. Regulatory Analyses                                period. Although some owners or
                                                notice of proposed rulemaking (NPRM)                                                                          operators of vessels intending to transit
                                                with respect to this rule. The Coast                      We developed this rule after                        the safety zone may be small entities, for
                                                Guard was not notified of the need for                  considering numerous statutes and                     the reasons stated in section V.A. above,
                                                this rule until September 13, 2017. It is               Executive orders related to rulemaking.               this rule will not have a significant
                                                impracticable and contrary to the public                Below we summarize our analyses                       economic impact on any vessel owner
                                                interest to delay this action. Waiting for              based on a number of these statutes and               or operator.
                                                a comment period to run would inhibit                   executive orders, and we discuss First                   Under section 213(a) of the Small
                                                the Coast Guards’ ability to protect the                Amendment rights of protestors.                       Business Regulatory Enforcement
                                                public and participants from the                                                                              Fairness Act of 1996 (Pub. L. 104–121),
                                                dangers associated with the high speed                  A. Regulatory Planning and Review                     we want to assist small entities in
                                                boat race scheduled on October 7 and                       Executive Orders 12866 and 13563                   understanding this rule. If the rule
                                                October 8, 2017.                                        direct agencies to assess the costs and               would affect your small business,
                                                   Under 5 U.S.C. 553(d)(3), the Coast                                                                        organization, or governmental
                                                                                                        benefits of available regulatory
                                                Guard finds that good cause exists for                                                                        jurisdiction and you have questions
                                                                                                        alternatives and, if regulation is
                                                making this temporary rule effective less                                                                     concerning its provisions or options for
                                                than 30 days after publication in the                   necessary, to select regulatory
                                                                                                                                                              compliance, please contact the person
                                                Federal Register. Immediate                             approaches that maximize net.
                                                                                                                                                              listed in the FOR FURTHER INFORMATION
                                                implementation is required to protect                   Executive Order 13771 directs agencies
                                                                                                                                                              CONTACT section.
                                                the public and participants from the                    to control regulatory costs through a                    Small businesses may send comments
                                                dangers associated with these activities.               budgeting process. This rule has not                  on the actions of Federal employees
                                                                                                        been designated a ‘‘significant                       who enforce, or otherwise determine
                                                III. Legal Authority and Need for Rule                  regulatory action,’’ under Executive                  compliance with, Federal regulations to
                                                   The Coast Guard is issuing this rule                 Order 12866. Accordingly, the rule has                the Small Business and Agriculture
                                                under authority in 33 U.S.C. 1231. The                  not been reviewed by the Office of                    Regulatory Enforcement Ombudsman
                                                COTP North Carolina has determined                      Management and Budget (OMB), and                      and the Regional Small Business
                                                that potential hazards associated with                  pursuant to OMB guidance it is exempt                 Regulatory Fairness Boards. The
                                                the Virginia Outlaw Drag Boat                           from the requirements of Executive                    Ombudsman evaluates these actions
                                                Association End of the Year Showdown                    Order 13771.                                          annually and rates each agency’s
                                                scheduled on October 7 and October 8,                      This regulatory action determination               responsiveness to small business. If you
                                                2017, is a safety concern for mariners                  is based on the size, location, and                   wish to comment on actions by
                                                during the high speed boat race on the                                                                        employees of the Coast Guard, call 1–
                                                                                                        duration of the safety zone. The
                                                Roanoke River in Plymouth, North                                                                              888–REG–FAIR (1–888–734–3247). The
                                                                                                        regulation enforcement period,
                                                Carolina. This rule is necessary to                                                                           Coast Guard will not retaliate against
                                                                                                        approximately seven hours per day for
                                                protect persons and vessels from the                                                                          small entities that question or complain
                                                                                                        two consecutive days, should not overly
                                                potential hazards associated with the                                                                         about this rule or any policy or action
                                                high speed boat race.                                   burden vessel traffic given its short
                                                                                                        duration. This safety zone will impact a              of the Coast Guard.
                                                IV. Discussion of the Rule                              one mile segment of the Roanoke River,                C. Collection of Information
                                                   This rule establishes a safety zone                  Plymouth, NC. Additionally, the rule                    This rule will not call for a new
                                                which will be enforced for portions of                  allows for vessel operators to request                collection of information under the
jstallworth on DSKBBY8HB2PROD with RULES




                                                the day on October 7 and October 8,                     permission from the COTP North                        Paperwork Reduction Act of 1995 (44
                                                2017, on the navigable waters of the                    Carolina or the designated                            U.S.C. 3501–3520).
                                                Roanoke River in Plymouth, North                        representative to enter and transit
                                                Carolina. The safety zone will include                  through the safety zone. The Coast                    D. Federalism and Indian Tribal
                                                all navigable waters from approximate                   Guard will issue a Broadcast Notice to                Governments
                                                positions: Latitude 35°52′25″ N.,                       Mariners to notify vessels in the region                A rule has implications for federalism
                                                longitude 076°44′33″ W., then northwest                 of the establishment of this regulation.              under Executive Order 13132,


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                                                45988             Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations

                                                Federalism, if it has a substantial direct              G. Protest Activities                                 North Carolina’s designated
                                                effect on the States, on the relationship                 The Coast Guard respects the First                  representative. All vessels within this
                                                between the national government and                     Amendment rights of protesters.                       safety zone when this section becomes
                                                the States, or on the distribution of                   Protesters are asked to contact the                   effective must depart the zone
                                                power and responsibilities among the                    person listed in the FOR FURTHER                      immediately.
                                                various levels of government. We have                   INFORMATION CONTACT section to
                                                                                                                                                                 (3) To request permission to remain
                                                analyzed this rule under that Order and                 coordinate protest activities so that your            in, enter, or transit through the safety
                                                have determined that it is consistent                   message can be received without                       zone, contact the COTP North Carolina
                                                with the fundamental federalism                         jeopardizing the safety or security of                or the COTP North Carolina’s
                                                principles and preemption requirements                  people, places or vessels.                            representative through the Coast Guard
                                                described in Executive Order 13132.                                                                           Sector North Carolina Command Duty
                                                   Also, this rule does not have tribal                 List of Subjects in 33 CFR Part 165                   Officer, Wilmington, North Carolina, at
                                                implications under Executive Order                        Harbors, Marine safety, Navigation                  telephone number 910–343–3882 or on
                                                13175, Consultation and Coordination                    (water), Reporting and recordkeeping                  VHF–FM marine band radio channel 13
                                                with Indian Tribal Governments,                         requirements, Security measures,                      (165.65 MHz) or channel 16 (156.8
                                                because it does not have a substantial                  Waterways.                                            MHz).
                                                direct effect on one or more Indian                       For the reasons discussed in the                       (d) Enforcement. The U.S. Coast
                                                tribes, on the relationship between the                 preamble, the Coast Guard amends 33                   Guard may be assisted in the patrol and
                                                Federal Government and Indian tribes,                   CFR part 165 as follows:                              enforcement of the safety zone by
                                                or on the distribution of power and                                                                           Federal, State, and local agencies.
                                                responsibilities between the Federal                    PART 165—REGULATED NAVIGATION                            (e) Enforcement period. This section
                                                Government and Indian tribes. If you                    AREAS AND LIMITED ACCESS AREAS                        will be enforced from 11 a.m. through
                                                believe this rule has implications for                                                                        6 p.m. daily on October 7 and October
                                                federalism or Indian tribes, please                     ■ 1. The authority citation for part 165              8, 2017.
                                                contact the person listed in the FOR                    continues to read as follows:                           Dated: September 27, 2017.
                                                FURTHER INFORMATION CONTACT section                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Bion B. Stewart,
                                                above.                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             Captain, U.S. Coast Guard, Captain of the
                                                                                                        Department of Homeland Security Delegation            Port, North Carolina.
                                                E. Unfunded Mandates Reform Act                         No. 0170.1.
                                                                                                                                                              [FR Doc. 2017–21100 Filed 10–2–17; 8:45 am]
                                                  The Unfunded Mandates Reform Act                      ■ 2. Add § 165.T05–0886 to read as
                                                                                                                                                              BILLING CODE 9110–04–P
                                                of 1995 (2 U.S.C. 1531–1538) requires                   follows:
                                                Federal agencies to assess the effects of               § 165.T05–0886 Safety Zone, Roanoke
                                                their discretionary regulatory actions. In              River Plymouth, NC.                                   DEPARTMENT OF HOMELAND
                                                particular, the Act addresses actions                      (a) Location. The following area is a              SECURITY
                                                that may result in the expenditure by a                 safety zone: All navigable from
                                                State, local, or tribal government, in the              approximate positions: Latitude                       Coast Guard
                                                aggregate, or by the private sector of                  35°52′25″ N., longitude 076°44′33″ W.,
                                                $100,000,000 (adjusted for inflation) or                then northwest to latitude 35°52′29″ N.,              33 CFR Part 165
                                                more in any one year. Though this rule                  longitude 076°44′37″ W., then                         [Docket Number USCG–2017–0577]
                                                will not result in such an expenditure,                 southwest along the shoreline to
                                                we do discuss the effects of this rule                                                                        RIN 1625–AA11
                                                                                                        latitude 35°52′00″ N., longitude
                                                elsewhere in this preamble.                             076°45′31″ W., then south to latitude                 Safety Zone, Blue Angels Air Show; St.
                                                F. Environment                                          35°51′56″ N., longitude 076°45′30″ W.                 Johns River, Jacksonville, FL
                                                                                                        (WGS 84), then northeast along the
                                                  We have analyzed this rule under                      shoreline to the point of origin, on the              AGENCY:    Coast Guard, DHS.
                                                Department of Homeland Security                         Roanoke River, Plymouth, North                        ACTION:   Temporary final rule.
                                                Management Directive 023–01 and                         Carolina.
                                                Commandant Instruction M16475.lD,                          (b) Definitions. As used in this                   SUMMARY:    The Coast Guard is
                                                which guide the Coast Guard in                          section, ‘‘designated representative’’                establishing a safety zone on the waters
                                                complying with the National                             means a Coast Guard Patrol                            of the St. Johns River in vicinity of
                                                Environmental Policy Act of 1969 (42                    Commander, that includes a Coast                      Naval Air Station (NAS) Jacksonville,
                                                U.S.C. 4321–4370f), and have                            Guard commissioned, warrant or petty                  Florida during the Blue Angels Air
                                                determined that this action is one of a                 officer designated by the Captain of the              Show. This rulemaking prohibits
                                                category of actions that do not                         Port North Carolina (COTP) for the                    persons and vessels from being in the
                                                individually or cumulatively have a                     enforcement of the safety zone. ‘‘Captain             safety zone unless authorized by the
                                                significant effect on the human                         of the Port’’ means the Commander,                    Captain of the Port (COTP) Jacksonville
                                                environment. This rule involves a safety                Coast Guard Sector North Carolina.                    or a designated representative.
                                                zone lasting 7 hours per day on two                     ‘‘Participants’’ means persons and                    DATES: This rule is effective from 8 a.m.
                                                consecutive days that prohibits entry                   vessels involved in the high speed boat               on November 3, 2017 through 5 p.m. on
                                                into a portion of Roanoke River,                        race.                                                 November 5, 2017.
                                                Plymouth, NC. It is categorically                          (c) Regulations. (1) The general                   ADDRESSES: To view documents
jstallworth on DSKBBY8HB2PROD with RULES




                                                excluded from further review under                      regulations governing safety zones in                 mentioned in this preamble as being
                                                paragraph 34(g) of Figure 2–1 of                        § 165.23 apply to the area described in               available in the docket, go to http://
                                                Commandant Instruction M16475.lD. A                     paragraph (a) of this section.                        www.regulations.gov, type USCG–2017–
                                                Record of Environmental Consideration                      (2) With the exception of participants,            0577 in the ‘‘SEARCH’’ box and click
                                                supporting this determination is                        entry into or remaining in this safety                ‘‘SEARCH.’’ Click on Open Docket
                                                available in the docket where indicated                 zone is prohibited unless authorized by               Folder on the line associated with this
                                                under ADDRESSES.                                        the COTP North Carolina or the COTP                   rule.


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Document Created: 2017-10-03 01:01:51
Document Modified: 2017-10-03 01:01:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 11 a.m. on October 7, 2017, through 6 p.m. on October 8, 2017.
ContactIf 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: [email protected]
FR Citation82 FR 45986 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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