83_FR_6990 83 FR 6957 - Special Local Regulation; Pamlico River, Washington, NC

83 FR 6957 - Special Local Regulation; Pamlico River, Washington, NC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 33 (February 16, 2018)

Page Range6957-6959
FR Document2018-03268

The Coast Guard is establishing a special local regulation on the navigable waters of the Pamlico River near Washington, North Carolina. This special local regulation is intended to restrict vessel traffic on the Pamlico River during a 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 special local regulation is prohibited unless specifically authorized by the Captain of the Port (COTP) North Carolina or a designated representative.

Federal Register, Volume 83 Issue 33 (Friday, February 16, 2018)
[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Rules and Regulations]
[Pages 6957-6959]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03268]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-1100]
RIN 1625-AA08


Special Local Regulation; Pamlico River, Washington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a special local regulation on 
the navigable waters of the Pamlico River near Washington, North 
Carolina. This special local regulation is intended to restrict vessel 
traffic on the Pamlico River during a 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 
special local regulation is prohibited unless specifically authorized 
by the Captain of the Port (COTP) North Carolina or a designated 
representative.

DATES: This rule is effective from 7 a.m. on February 23, 2018, through 
noon on February 24, 2018, with an alternate date of February 25, 2018 
from 7 a.m. through noon.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1100 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 notified about 
the race on December 1, 2017 and there were multiple revisions over the 
following three weeks. 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 February 23, 2018.
    For the same reasons, the Coast Guard finds good cause to make this 
rule effective less than 30 days after publication, under 5 U.S.C. 
553(d)(3). 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. 
1233. The COTP North Carolina has determined that potential hazards 
associated with the Iconic Marine Group Kilo Race scheduled on February 
23 and February 24, 2018, with an alternate date February 25, 2018, is 
a safety concern for mariners during the high-speed boat race on the 
Pamlico River near Washington, 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 special local regulation on a portion of 
the Pamlico River on February 23 and February 24, 2018, with an 
alternate date of February 25, 2018, in the event that weather or other 
factors do not allow the race to commence on the primary dates. The 
special local regulation will be enforced for approximately one hour 
between the hours of 7 a.m. and noon, when environmental conditions 
meet the requirements for the race. The exact times of enforcement will 
be broadcast locally over VHF-FM marine radio. The special local 
regulation will include all navigable waters of the Pamlico River near 
Washington, North Carolina, from approximate positions: Latitude 
35[deg]28'42'' N, longitude 076[deg]59'14'' W, then northwest to 
latitude 35[deg]29'53'' N, longitude 077[deg]01'18'' W, then northwest 
along the shoreline to latitude 35[deg]32'29'' N, longitude 
077[deg]03'47'' W, then northwest to latitude 35[deg]32'34'' N, 
longitude 077[deg]03'56'' W, then northeast to latitude 35[deg]32'42'' 
N, longitude 077[deg]03'50'' W, then southeast along the shoreline to 
latitude 35[deg]29'06'' N, longitude 076[deg]58'48'' W, then southwest 
back to the point of origin, a length of approximately six miles. The 
duration of this special local regulation is

[[Page 6958]]

intended to protect participants, spectators, and property on the 
navigable waters of the Pamlico River during the high-speed boat race. 
This is a timed race and only one boat will race at a time. No vessel 
or person will be permitted to enter the special local regulation 
unless specifically authorized by the COTP North Carolina or a 
designated representative. Spectators may request to be allowed inside 
the special local regulation. The spectator area will be marked with 
temporary buoys and will be at least 100 yards from the race course. 
Vessels may request permission to pass through the special local 
regulation between race heats.

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 proposed special local regulation. Vessel 
traffic will not be allowed to enter or transit a portion of the 
Pamlico River on February 23 and February 24, 2018 with an alternate 
date of February 25, 2018 for approximately one hour on each day. The 
Coast Guard will issue a Local Notice to Mariners and transmit a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 regarding the 
special local regulation. The specific enforcement times will be 
broadcast locally each day prior to the race on VHF-FM marine channel 
16. This portion of the Pamlico River has been determined to be a low 
traffic area during this time of the year. This rule allows vessels to 
request permission to enter as a spectator or pass through the special 
local 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 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 proposed rule would 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, 
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 
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 proposed rule involves a special local 
regulation lasting approximately one hour on three consecutive days 
that prohibits entry into a portion of the Pamlico River. It is 
categorically excluded from further review under paragraph L60 (a) 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

[[Page 6959]]

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--SPECIAL LOCAL REGULATIONS/REGATTAS & MARINE PARADES

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

    Authority: 33 U.S.C. 1233.


0
2. Add Sec.  100.35T05-1100 to read as follows:


Sec.  100.35T05-1100  Special Local Regulation, Pamlico River, 
Washington, NC.

    (a) Location. The following area is a special local regulation: All 
navigable waters of the Pamlico River near Washington, North Carolina, 
from approximate positions: Latitude 35[deg]28'42'' N, longitude 
076[deg]59'14'' W, then northwest to latitude 35[deg]29'53'' N, 
longitude 077[deg]01'18'' W, then northwest along the shoreline to 
latitude 35[deg]32'29'' N, longitude 077[deg]03'47'' W, then northwest 
to latitude 35[deg]32'34'' N, longitude 077[deg]03'56'' W, then 
northeast to latitude 35[deg]32'42'' N, longitude 077[deg]03'50'' W, 
then southeast along the shoreline to latitude 35[deg]29'06'' N, 
longitude 076[deg]58'48'' W, then southwest back to the point of 
origin, a length of approximately 6 miles.
    (b) Definitions. As used in this section--
    Captain of the Port means the Commander, Sector North Carolina.
    Coast Guard 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.
    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.
    Spectators means persons and vessels observing the high-speed boat 
race.
    (c) Regulations. (1) The general regulations governing special 
local regulations in Sec.  100.501(c) apply to the area described in 
paragraph (a) of this section.
    (2) With the exception of participants and spectators, 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.
    (3) To request permission to remain in, enter, or 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 section will be enforced on February 
23 and February 24, 2018, with an alternate date of February 25, 2018.
    (f) Public notification. The Coast Guard will notify the public of 
the specific enforcement times each day prior to the race via VHF-FM 
marine channel 16.

    Dated: February 2, 2018
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2018-03268 Filed 2-15-18; 8:45 am]
BILLING CODE 9110-04-P



                                                                  Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations                                              6957

                                             Appendix C to Part 4022—Lump Sum
                                             Interest Rates For Private-Sector
                                             Payments
                                             *      *        *       *      *

                                                                    For plans with a valuation                                                                 Deferred annuities
                                                                                                          Immediate
                                                                              date                                                                                 (percent)
                                                 Rate set                                                annuity rate
                                                                                                           (percent)
                                                                    On or after           Before                                 i1                  i2                 i3            n1             n2


                                                         *                        *                       *                       *                        *                      *              *
                                                   293                3–1–18             4–1–18               0.75              4.00                4.00              4.00            7              8



                                               Issued in Washington, DC, by                             Folder on the line associated with this                  Immediate implementation is required
                                             Daniel S. Liebman,                                         rule.                                                    to protect the public and participants
                                             Acting Assistant General Counsel for                       FOR FURTHER INFORMATION CONTACT: If                      from the dangers associated with these
                                             Regulatory Affairs, Pension Benefit Guaranty               you have questions on this rule, call or                 activities.
                                             Corporation.                                               email Petty Officer Matthew Tyson,                       III. Legal Authority and Need for Rule
                                             [FR Doc. 2018–03227 Filed 2–15–18; 8:45 am]                Waterways Management Division, U.S.
                                                                                                                                                                    The Coast Guard is issuing this rule
                                             BILLING CODE 7709–02–P                                     Coast Guard Sector North Carolina,
                                                                                                                                                                 under authority in 33 U.S.C. 1233. The
                                                                                                        Wilmington, NC; telephone: 910–772–
                                                                                                                                                                 COTP North Carolina has determined
                                                                                                        2221, email: Matthew.I.Tyson@uscg.mil.
                                                                                                                                                                 that potential hazards associated with
                                             DEPARTMENT OF HOMELAND                                     SUPPLEMENTARY INFORMATION:                               the Iconic Marine Group Kilo Race
                                             SECURITY                                                                                                            scheduled on February 23 and February
                                                                                                        I. Table of Abbreviations
                                                                                                                                                                 24, 2018, with an alternate date
                                             Coast Guard                                                                                                         February 25, 2018, is a safety concern
                                                                                                        CFR Code of Federal Regulations
                                                                                                        DHS Department of Homeland Security                      for mariners during the high-speed boat
                                             33 CFR Part 100                                            FR Federal Register                                      race on the Pamlico River near
                                                                                                        NPRM Notice of proposed rulemaking                       Washington, North Carolina. This rule is
                                             [Docket Number USCG–2017–1100]                             § Section                                                necessary to protect persons and vessels
                                                                                                        U.S.C. United States Code
                                             RIN 1625–AA08                                                                                                       from the potential hazards associated
                                                                                                        COTP Captain of the Port
                                                                                                                                                                 with the high-speed boat race.
                                             Special Local Regulation; Pamlico
                                                                                                        II. Background Information and                           IV. Discussion of the Rule
                                             River, Washington, NC
                                                                                                        Regulatory History                                         This rule establishes a special local
                                             AGENCY:      Coast Guard, DHS.                                The Coast Guard is issuing this                       regulation on a portion of the Pamlico
                                             ACTION:     Temporary final rule.                          temporary rule without prior notice and                  River on February 23 and February 24,
                                                                                                        opportunity to comment pursuant to                       2018, with an alternate date of February
                                             SUMMARY:    The Coast Guard is                             authority under section 4(a) of the                      25, 2018, in the event that weather or
                                             establishing a special local regulation on                 Administrative Procedure Act (APA) (5                    other factors do not allow the race to
                                             the navigable waters of the Pamlico                        U.S.C. 553(b)). This provision                           commence on the primary dates. The
                                             River near Washington, North Carolina.                     authorizes an agency to issue a rule                     special local regulation will be enforced
                                             This special local regulation is intended                  without prior notice and opportunity to                  for approximately one hour between the
                                             to restrict vessel traffic on the Pamlico                  comment when the agency for good                         hours of 7 a.m. and noon, when
                                             River during a high-speed boat race.                       cause finds that those procedures are                    environmental conditions meet the
                                             This action is intended to restrict vessel                 ‘‘impracticable, unnecessary, or contrary                requirements for the race. The exact
                                             traffic movement in the regulated area to                  to the public interest.’’ Under 5 U.S.C.                 times of enforcement will be broadcast
                                             protect participants, spectators, and                      553(b)(B), the Coast Guard finds that                    locally over VHF–FM marine radio. The
                                             property from the hazards posed by                         good cause exists for not publishing a                   special local regulation will include all
                                             high-speed boat races. Entry of vessels                    notice of proposed rulemaking (NPRM)                     navigable waters of the Pamlico River
                                             or persons into this special local                         with respect to this rule because the                    near Washington, North Carolina, from
                                             regulation is prohibited unless                            Coast Guard was notified about the race                  approximate positions: Latitude
                                             specifically authorized by the Captain of                  on December 1, 2017 and there were                       35°28′42″ N, longitude 076°59′14″ W,
                                             the Port (COTP) North Carolina or a                        multiple revisions over the following                    then northwest to latitude 35°29′53″ N,
                                             designated representative.                                 three weeks. It is impracticable and                     longitude 077°01′18″ W, then northwest
                                             DATES: This rule is effective from 7 a.m.                  contrary to the public interest to delay                 along the shoreline to latitude 35°32′29″
                                             on February 23, 2018, through noon on                      this action. Waiting for a comment                       N, longitude 077°03′47″ W, then
                                             February 24, 2018, with an alternate                       period to run would inhibit the Coast                    northwest to latitude 35°32′34″ N,
                                             date of February 25, 2018 from 7 a.m.                      Guard’s ability to protect the public and                longitude 077°03′56″ W, then northeast
                                             through noon.                                              participants from the dangers associated                 to latitude 35°32′42″ N, longitude
daltland on DSKBBV9HB2PROD with RULES




                                             ADDRESSES: To view documents                               with the high-speed boat race scheduled                  077°03′50″ W, then southeast along the
                                             mentioned in this preamble as being                        to start on February 23, 2018.                           shoreline to latitude 35°29′06″ N,
                                             available in the docket, go to http://                        For the same reasons, the Coast Guard                 longitude 076°58′48″ W, then southwest
                                             www.regulations.gov, type USCG–2017–                       finds good cause to make this rule                       back to the point of origin, a length of
                                             1100 in the ‘‘SEARCH’’ box and click                       effective less than 30 days after                        approximately six miles. The duration
                                             ‘‘SEARCH.’’ Click on Open Docket                           publication, under 5 U.S.C. 553(d)(3).                   of this special local regulation is


                                        VerDate Sep<11>2014      17:46 Feb 15, 2018   Jkt 244001   PO 00000   Frm 00009   Fmt 4700    Sfmt 4700   E:\FR\FM\16FER1.SGM    16FER1


                                             6958              Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations

                                             intended to protect participants,                       B. Impact on Small Entities                           power and responsibilities among the
                                             spectators, and property on the                            The Regulatory Flexibility Act of                  various levels of government. We have
                                             navigable waters of the Pamlico River                   1980, 5 U.S.C. 601–612, as amended,                   analyzed this rule under that Order and
                                             during the high-speed boat race. This is                requires Federal agencies to consider                 have determined that it is consistent
                                             a timed race and only one boat will race                the potential impact of regulations on                with the fundamental federalism
                                             at a time. No vessel or person will be                  small entities during rulemaking. The                 principles and preemption requirements
                                             permitted to enter the special local                                                                          described in Executive Order 13132.
                                                                                                     term ‘‘small entities’’ comprises small
                                             regulation unless specifically authorized                                                                        Also, this rule does not have tribal
                                                                                                     businesses, not-for-profit organizations
                                             by the COTP North Carolina or a                                                                               implications under Executive Order
                                                                                                     that are independently owned and                      13175, Consultation and Coordination
                                             designated representative. Spectators                   operated and are not dominant in their
                                             may request to be allowed inside the                                                                          with Indian Tribal Governments,
                                                                                                     fields, and governmental jurisdictions                because it does not have a substantial
                                             special local regulation. The spectator                 with populations of less than 50,000.
                                             area will be marked with temporary                                                                            direct effect on one or more Indian
                                                                                                     The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                             buoys and will be at least 100 yards                    605(b) that this rule will not have a
                                             from the race course. Vessels may                                                                             Federal Government and Indian tribes,
                                                                                                     significant economic impact on a                      or on the distribution of power and
                                             request permission to pass through the                  substantial number of small entities.
                                             special local regulation between race                                                                         responsibilities between the Federal
                                                                                                        While some owners or operators of                  Government and Indian tribes. If you
                                             heats.                                                  vessels intending to transit the special              believe this rule has implications for
                                             V. Regulatory Analyses                                  local regulation may be small entities,               federalism or Indian tribes, please
                                                                                                     for the reasons stated in section IV.A                contact the person listed in the FOR
                                               We developed this rule after                          above, this proposed rule would not
                                             considering numerous statutes and                                                                             FURTHER INFORMATION CONTACT section
                                                                                                     have a significant economic impact on                 above.
                                             Executive orders related to rulemaking.                 any vessel owner or operator.
                                             Below we summarize our analyses                            Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                             based on a number of these statutes and                 Business Regulatory Enforcement
                                             Executive orders, and we discuss First                                                                          The Unfunded Mandates Reform Act
                                                                                                     Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                             Amendment rights of protestors.                         we want to assist small entities in                   Federal agencies to assess the effects of
                                             A. Regulatory Planning and Review                       understanding this rule. If the rule                  their discretionary regulatory actions. In
                                                                                                     would affect your small business,                     particular, the Act addresses actions
                                                Executive Orders 12866 and 13563                     organization, or governmental                         that may result in the expenditure by a
                                             direct agencies to assess the costs and                 jurisdiction and you have questions                   State, local, or tribal government, in the
                                             benefits of available regulatory                        concerning its provisions or options for              aggregate, or by the private sector of
                                             alternatives and, if regulation is                      compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                             necessary, to select regulatory                         listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                             approaches that maximize net benefits.                  CONTACT section.                                      will not result in such an expenditure,
                                             Executive Order 13771 directs agencies                     Small businesses may send comments                 we do discuss the effects of this rule
                                             to control regulatory costs through a                   on the actions of Federal employees                   elsewhere in this preamble.
                                             budgeting process. This rule has not                    who enforce, or otherwise determine
                                             been designated a ‘‘significant                         compliance with, Federal regulations to               F. Environment
                                             regulatory action,’’ under Executive                    the Small Business and Agriculture                      We have analyzed this rule under
                                             Order 12866. Accordingly, this rule has                 Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                             not been reviewed by the Office of                      and the Regional Small Business                       Directive 023–01, which guides the
                                             Management and Budget (OMB), and                        Regulatory Fairness Boards. The                       Coast Guard in complying with the
                                             pursuant to OMB guidance it is exempt                   Ombudsman evaluates these actions                     National Environmental Policy Act of
                                             from the requirements of Executive                      annually and rates each agency’s                      1969 (42 U.S.C. 4321–4370f), and have
                                             Order 13771.                                            responsiveness to small business. If you              determined that this action is one of a
                                                This regulatory action determination                 wish to comment on actions by                         category of actions that do not
                                             is based on the size, location, and                     employees of the Coast Guard, call 1–                 individually or cumulatively have a
                                             duration of the proposed special local                  888–REG–FAIR (1–888–734–3247). The                    significant effect on the human
                                             regulation. Vessel traffic will not be                  Coast Guard will not retaliate against                environment. This proposed rule
                                             allowed to enter or transit a portion of                small entities that question or complain              involves a special local regulation
                                             the Pamlico River on February 23 and                    about this rule or any policy or action               lasting approximately one hour on three
                                             February 24, 2018 with an alternate date                of the Coast Guard.                                   consecutive days that prohibits entry
                                             of February 25, 2018 for approximately                                                                        into a portion of the Pamlico River. It is
                                             one hour on each day. The Coast Guard                   C. Collection of Information
                                                                                                                                                           categorically excluded from further
                                             will issue a Local Notice to Mariners                     This rule will not call for a new                   review under paragraph L60 (a) of
                                             and transmit a Broadcast Notice to                      collection of information under the                   Appendix A, Table 1 of DHS Instruction
                                             Mariners via VHF–FM marine channel                      Paperwork Reduction Act of 1995 (44                   Manual 023–01–001–01, Rev. 01. A
                                             16 regarding the special local regulation.              U.S.C. 3501–3520).                                    Record of Environmental Consideration
                                             The specific enforcement times will be                                                                        supporting this determination is
                                             broadcast locally each day prior to the                 D. Federalism and Indian Tribal
                                                                                                     Governments                                           available in the docket where indicated
                                             race on VHF–FM marine channel 16.
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                                                           under ADDRESSES.
                                             This portion of the Pamlico River has                      A rule has implications for federalism
                                             been determined to be a low traffic area                under Executive Order 13132,                          G. Protest Activities
                                             during this time of the year. This rule                 Federalism, if it has a substantial direct              The Coast Guard respects the First
                                             allows vessels to request permission to                 effect on the States, on the relationship             Amendment rights of protesters.
                                             enter as a spectator or pass through the                between the national government and                   Protesters are asked to contact the
                                             special local regulation.                               the States, or on the distribution of                 person listed in the FOR FURTHER


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                                                               Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations                                         6959

                                             INFORMATION CONTACT   section to                          (2) With the exception of participants              which timely publication in the Federal
                                             coordinate protest activities so that your              and spectators, entry into or remaining               Register was not possible.
                                             message can be received without                         in this special local regulation is                   DATES: This document lists temporary
                                             jeopardizing the safety or security of                  prohibited unless authorized by the                   Coast Guard rules that became effective,
                                             people, places or vessels.                              COTP North Carolina or the COTP                       primarily between October 2017 to
                                                                                                     North Carolina’s Patrol Commander. All                December 2017, unless otherwise
                                             List of Subjects in 33 CFR Part 100                     other vessels must depart the special                 indicated, and were terminated before
                                               Marine safety, Navigation (water),                    local regulation immediately.                         they could be published in the Federal
                                             Reporting and recordkeeping                               (3) To request permission to remain                 Register.
                                             requirements, Waterways.                                in, enter, or transit through the special             ADDRESSES: Temporary rules listed in
                                               For the reasons discussed in the                      local regulation, contact the COTP                    this document may be viewed online,
                                             preamble, the Coast Guard amends 33                     North Carolina or the COTP North                      under their respective docket numbers,
                                             CFR part 100 as follows:                                Carolina’s Patrol Commander through                   using the Federal eRulemaking Portal at
                                                                                                     the Coast Guard Sector North Carolina                 http://www.regulations.gov.
                                             PART 100—SPECIAL LOCAL                                  Command Duty Officer, Wilmington,                     FOR FURTHER INFORMATION CONTACT: For
                                             REGULATIONS/REGATTAS & MARINE                           North Carolina, at telephone number                   questions on this document contact
                                             PARADES                                                 910–343–3882 or on VHF–FM marine                      Yeoman First Class David Hager, Office
                                                                                                     band radio channel 13 (165.65 MHz) or                 of Regulations and Administrative Law,
                                             ■ 1. The authority citation for part 100                channel 16 (156.8 MHz).
                                             continues to read as follows:                                                                                 telephone (202) 372–3862.
                                                                                                       (d) Enforcement. The U.S. Coast
                                                                                                                                                           SUPPLEMENTARY INFORMATION: Coast
                                                 Authority: 33 U.S.C. 1233.                          Guard may be assisted in the patrol and
                                                                                                                                                           Guard District Commanders and
                                             ■ 2. Add § 100.35T05–1100 to read as                    enforcement of the special local
                                                                                                                                                           Captains of the Port (COTP) must be
                                             follows:                                                regulation by Federal, State, and local
                                                                                                                                                           immediately responsive to the safety
                                                                                                     agencies.
                                             § 100.35T05–1100 Special Local                            (e) Enforcement period. This section                and security needs within their
                                             Regulation, Pamlico River, Washington, NC.              will be enforced on February 23 and                   jurisdiction; therefore, District
                                               (a) Location. The following area is a                 February 24, 2018, with an alternate                  Commanders and COTPs have been
                                             special local regulation: All navigable                 date of February 25, 2018.                            delegated the authority to issue certain
                                             waters of the Pamlico River near                          (f) Public notification. The Coast                  local regulations. Safety zones may be
                                             Washington, North Carolina, from                        Guard will notify the public of the                   established for safety or environmental
                                             approximate positions: Latitude                         specific enforcement times each day                   purposes. A safety zone may be
                                             35°28′42″ N, longitude 076°59′14″ W,                    prior to the race via VHF–FM marine                   stationary and described by fixed limits
                                             then northwest to latitude 35°29′53″ N,                 channel 16.                                           or it may be described as a zone around
                                             longitude 077°01′18″ W, then northwest                                                                        a vessel in motion. Security zones limit
                                                                                                       Dated: February 2, 2018                             access to prevent injury or damage to
                                             along the shoreline to latitude 35°32′29″               Bion B. Stewart,
                                             N, longitude 077°03′47″ W, then                                                                               vessels, ports, or waterfront facilities.
                                                                                                     Captain, U.S. Coast Guard, Captain of the             Special local regulations are issued to
                                             northwest to latitude 35°32′34″ N,                      Port North Carolina.
                                             longitude 077°03′56″ W, then northeast                                                                        enhance the safety of participants and
                                                                                                     [FR Doc. 2018–03268 Filed 2–15–18; 8:45 am]           spectators at regattas and other marine
                                             to latitude 35°32′42″ N, longitude
                                             077°03′50″ W, then southeast along the
                                                                                                     BILLING CODE 9110–04–P                                events. Drawbridge operation
                                             shoreline to latitude 35°29′06″ N,                                                                            regulations authorize changes to
                                             longitude 076°58′48″ W, then southwest                                                                        drawbridge schedules to accommodate
                                                                                                     DEPARTMENT OF HOMELAND                                bridge repairs, seasonal vessel traffic,
                                             back to the point of origin, a length of                SECURITY
                                             approximately 6 miles.                                                                                        and local public events. Regulated
                                               (b) Definitions. As used in this                                                                            Navigation Areas are water areas within
                                                                                                     Coast Guard
                                             section—                                                                                                      a defined boundary for which
                                               Captain of the Port means the                         33 CFR Parts 100, 117, 147, and 165                   regulations for vessels navigating within
                                             Commander, Sector North Carolina.                                                                             the area have been established by the
                                               Coast Guard Patrol Commander                          [USCG–2018–0137]                                      regional Coast Guard District
                                             means a Coast Guard commissioned,                                                                             Commander.
                                                                                                     2017 Quarterly Listings; Safety Zones,                   Timely publication of these rules in
                                             warrant, or petty officer designated by
                                                                                                     Security Zones, Special Local                         the Federal Register may be precluded
                                             the COTP North Carolina for the
                                                                                                     Regulations, Drawbridge Operation                     when a rule responds to an emergency,
                                             enforcement of the special local
                                                                                                     Regulations and Regulated Navigation                  or when an event occurs without
                                             regulation.
                                                                                                     Areas                                                 sufficient advance notice. The affected
                                               Official Patrol means any vessel
                                             assigned by the COTP North Carolina                     AGENCY: Coast Guard, DHS.                             public is, however, often informed of
                                             with a commissioned, warrant, or petty                  ACTION:Notification of expired                        these rules through Local Notices to
                                             officer on board and displaying the                     temporary rules issued.                               Mariners, press releases, and other
                                             Coast Guard ensign.                                                                                           means. Moreover, actual notification is
                                               Participants means persons and                        SUMMARY:    This document provides                    provided by Coast Guard patrol vessels
                                             vessels involved in the high-speed boat                 notification of substantive rules issued              enforcing the restrictions imposed by
                                             race.                                                   by the Coast Guard that were made                     the rule. Because Federal Register
                                                                                                     temporarily effective but expired before              publication was not possible before the
daltland on DSKBBV9HB2PROD with RULES




                                               Spectators means persons and vessels
                                             observing the high-speed boat race.                     they could be published in the Federal                end of the effective period, mariners
                                               (c) Regulations. (1) The general                      Register. This document lists temporary               were personally notified of the contents
                                             regulations governing special local                     safety zones, security zones, special                 of these safety zones, security zones,
                                             regulations in § 100.501(c) apply to the                local regulations, drawbridge operation               special local regulations, regulated
                                             area described in paragraph (a) of this                 regulations and regulated navigation                  navigation areas or drawbridge
                                             section.                                                areas, all of limited duration and for                operation regulations by Coast Guard


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Document Created: 2018-02-16 00:55:42
Document Modified: 2018-02-16 00:55:42
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 7 a.m. on February 23, 2018, through noon on February 24, 2018, with an alternate date of February 25, 2018 from 7 a.m. through noon.
ContactIf 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 Citation83 FR 6957 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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