83 FR 39596 - Special Local Regulation; Roanoke River, Plymouth, NC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 155 (August 10, 2018)

Page Range		39596-39598
FR Document		2018-17222

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.

Federal Register, Volume 83 Issue 155 (Friday, August 10, 2018)

[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Rules and Regulations]
[Pages 39596-39598]
From the Federal Register Online  [www.thefederalregister.org]
[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 [email protected].

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

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

Under 5 U.S.C. 553(d)(3), the Coast Executive orders related to rulemaking. affect your small business, organization,
Guard finds that good cause exists for Below we summarize our analyses or governmental jurisdiction and you
making this rule effective less than 30 based on a number of these statutes and have questions concerning its
days after publication in the Federal Executive orders, and we discuss First provisions or options for compliance,
Register. Delaying the effective date of Amendment rights of protestors. please contact the person listed in the
this rule would be impracticable and FOR FURTHER INFORMATION CONTACT
A. Regulatory Planning and Review
contrary to public interest because section.
immediate action is needed to protect Executive Orders 12866 and 13563 Small businesses may send comments
the public and participants from the direct agencies to assess the costs and on the actions of Federal employees
dangers associated with the high-speed benefits of available regulatory who enforce, or otherwise determine
boat race scheduled to start on August alternatives and, if regulation is compliance with, Federal regulations to
11, 2018. necessary, to select regulatory the Small Business and Agriculture
approaches that maximize net benefits. Regulatory Enforcement Ombudsman
III. Legal Authority and Need for Rule Executive Order 13771 directs agencies and the Regional Small Business
The Coast Guard is issuing this rule to control regulatory costs through a Regulatory Fairness Boards. The
under authority in 33 U.S.C. 1233. The budgeting process. This rule has not Ombudsman evaluates these actions
COTP North Carolina has determined been designated a ‘‘significant annually and rates each agency’s
that potential hazards associated with regulatory action,’’ under Executive responsiveness to small business. If you
the Virginia Outlaw Drag Boat Order 12866. Accordingly, this rule has wish to comment on actions by
Association Rumble on the Roanoke not been reviewed by the Office of employees of the Coast Guard, call 1–
scheduled for 11 a.m. through 5 p.m. on Management and Budget (OMB), and 888–REG–FAIR (1–888–734–3247). The
August 11 and 12, 2018, is a safety pursuant to OMB guidance it is exempt Coast Guard will not retaliate against
concern for mariners during the high- from the requirements of Executive small entities that question or complain
speed boat race on the Roanoke River in Order 13771. about this rule or any policy or action
Plymouth, North Carolina. This rule is This regulatory action determination of the Coast Guard.
necessary to protect safety of life from is based on the size, location, and
the potential hazards associated with duration of the special local regulation. C. Collection of Information
the high-speed boat race. Vessel traffic will not be allowed to This rule will not call for a new
enter or transit a portion of the Roanoke collection of information under the
IV. Discussion of the Rule
River from 11 a.m. through 5 p.m. on Paperwork Reduction Act of 1995 (44
This rule establishes a special local both August 11 and 12, 2018. The Coast U.S.C. 3501–3520).
regulation on a portion of the Roanoke Guard will transmit a Broadcast Notice
River from 11 a.m. on August 11, to Mariners via VHF–FM marine D. Federalism and Indian Tribal
through 5 p.m. on August 12, 2018. The channel 16 regarding the special local Governments
rule will be enforced 11 a.m. through 5 regulation. This portion of the Roanoke A rule has implications for federalism
p.m. each of those days. The time of River has been determined to be a low under Executive Order 13132,
enforcement will be broadcast locally traffic area during this time of the year. Federalism, if it has a substantial direct
over VHF–FM marine radio. The special This rule allows vessels to request effect on the States, on the relationship
local regulation will include all permission to pass through the between the national government and
navigable waters of the Roanoke River regulated area between race heats. the States, or on the distribution of
in Plymouth, North Carolina, from power and responsibilities among the
approximate positions: Latitude B. Impact on Small Entities various levels of government. We have
35°52′25″ N, longitude 076°44′33″ W, The Regulatory Flexibility Act of analyzed this rule under that Order and
then northwest to latitude 35°52′29″ N, 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent
longitude 076°44′37″ W, then southwest requires Federal agencies to consider with the fundamental federalism
along the shoreline to latitude 35°52′00″ the potential impact of regulations on principles and preemption requirements
N, longitude 076°45′31″ W, then south small entities during rulemaking. The described in Executive Order 13132.
to latitude 35°51′56″ N, longitude term ‘‘small entities’’ comprises small Also, this rule does not have tribal
076°45′30″ W, then northeast along the businesses, not-for-profit organizations implications under Executive Order
shoreline to the point of origin, a length that are independently owned and 13175, Consultation and Coordination
of approximately one mile. The duration operated and are not dominant in their with Indian Tribal Governments,
of this special local regulation is fields, and governmental jurisdictions because it does not have a substantial
intended to protect participants and with populations of less than 50,000. direct effect on one or more Indian
spectators on the navigable waters of the The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the
Roanoke River during the high-speed 605(b) that this rule will not have a Federal Government and Indian tribes,
boat race. For safety reasons, no public significant economic impact on a or on the distribution of power and
spectators will be allowed to view the substantial number of small entities. responsibilities between the Federal
event from the waterway. Vessels may While some owners or operators of Government and Indian tribes. If you
request permission to pass through the vessels intending to transit the special believe this rule has implications for
regulated area between race heats. No local regulation may be small entities, federalism or Indian tribes, please
vessel or person will be permitted to for the reasons stated in section IV.A contact the person listed in the FOR
enter the regulated area without above, this rule will not have a FURTHER INFORMATION CONTACT section
daltland on DSKBBV9HB2PROD with RULES

obtaining permission from the COTP significant economic impact on any above.
North Carolina or a designated vessel owner or operator.
Under section 213(a) of the Small E. Unfunded Mandates Reform Act
representative.
Business Regulatory Enforcement The Unfunded Mandates Reform Act
V. Regulatory Analyses Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
We developed this rule after we want to assist small entities in Federal agencies to assess the effects of
considering numerous statutes and understanding this rule. If the rule will their discretionary regulatory actions. In

VerDate Sep<11>2014 16:07 Aug 09, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\10AUR1.SGM 10AUR1

Document Created: 2018-08-10 01:57:10
Document Modified: 2018-08-10 01:57:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 11 a.m. on August 11, 2018, through 5 p.m. on August 12, 2018.
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 [email protected]
FR Citation		83 FR 39596
RIN Number		1625-AA08
CFR Associated		Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

83 FR 39596 - Special Local Regulation; Roanoke River, Plymouth, NC

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 155 (August 10, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard