Special Local Regulation; Roanoke River, Plymouth, NC, 39596-39598 [2018-17222]
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39596
Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations
notify the requester that the request will
be closed.
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(i) * * *
(4) When the component requires
advance payment or payment due under
paragraphs (i)(2) and (i)(3) of this
section, the component will not further
process the request until the required
payment is made. The component will
toll the processing of the request when
it notifies the requester of the advanced
payment due and this time will be
excluded from the twenty (20) working
day time limit (as specified in § 4.6(b)).
If the requester does not pay the
advance payment within 30 calendar
days from the date of the component’s
fee notice, the component will presume
that the requester is no longer interested
and notify the requester that the request
will be closed.
(j) Tolling. When necessary for the
component to clarify issues regarding
fee assessment with the FOIA requester,
the time limit for responding to the
FOIA request is tolled until the
component resolves such issues with
the requester. The tolling period is from
the day a requester was contacted
through the working day (i.e., excluding
Saturdays, Sundays, and legal public
holidays) on which a response was
received by the responsible component.
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(l) * * *
(2) * * *
(iii) The contribution to an
understanding of the subject by the
public likely to result from disclosure:
Whether disclosure of the requested
information will contribute to the
understanding of a reasonably broad
audience of persons interested in the
subject, as opposed to the individual
understanding of the requester. A
requester’s expertise in the subject area
and ability and intention to effectively
convey information to the public shall
be considered. It shall be presumed that
a representative of the news media
satisfies this consideration.
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(ii) The primary interest in disclosure:
Whether any identified commercial
interest of the requester is sufficiently
great, in comparison with the public
interest in disclosure, that disclosure is
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the requester.’’ A fee waiver or
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this section) is satisfied and the public
interest is greater than any identified
commercial interest in disclosure.
Components ordinarily shall presume
that if a news media requester has
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satisfied the public interest standard,
the public interest is the primary
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requester. Disclosure to data brokers or
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Government information for direct
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(5) Requests for the waiver or
reduction of fees should address the
factors listed in paragraphs (l)(2) and (3)
of this section, insofar as they apply to
each request.
■ 12. Amend Appendix A to Part 4 by
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paragraph (5) and paragraph (5)(v) to
read as follows:
Appendix A to Part 4—Freedom of
Information Public Inspection
Facilities, and Addresses for Requests
for Records Under the Freedom of
Information Act and Privacy Act, and
Requests for Correction of Amendment
Under the Privacy Act
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(5) Economic Development
Administration, Office of the Chief Counsel,
U.S. Department of Commerce, 14th and
Constitution Avenue NW, Room 72023,
Washington, DC 20230; Ph.: (202) 482–3085;
Fax: (202) 482–5671; FOIAonline: https://
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maintains a separate online Electronic FOIA
Library through its website, https://
www.eda.gov. The following Regional EDA
offices do not maintain separate online
Electronic FOIA Libraries.
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(v) Philadelphia Regional Office, EDA, U.S.
Department of Commerce, Robert N.C. Nix
Federal Building, 900 Market Street, Room
602, Philadelphia, Pennsylvania 19107; Ph.:
(215) 597–4603.
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[FR Doc. 2018–17171 Filed 8–9–18; 8:45 am]
BILLING CODE 3510–BX–P
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation on
the navigable waters of the Roanoke
River in Plymouth, North Carolina. This
SUMMARY:
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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 https://
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 Matthew.I.Tyson@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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.
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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations
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.
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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 highspeed 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°52′25″ N, longitude 076°44′33″ W,
then northwest to latitude 35°52′29″ N,
longitude 076°44′37″ W, then southwest
along the shoreline to latitude 35°52′00″
N, longitude 076°45′31″ W, then south
to latitude 35°51′56″ N, longitude
076°45′30″ W, then northeast along the
shoreline to the point of origin, 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
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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.
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
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.
FOR FURTHER INFORMATION CONTACT
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
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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
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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233; 33 CFR 1.05–
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1.
2. Add § 100.35T05–0771 to read as
follows:
■
§ 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
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Plymouth, North Carolina, from
approximate positions: Latitude
35°52′25″ N, longitude 076°44′33″ W,
then northwest to latitude 35°52′29″ N,
longitude 076°44′37″ W, then southwest
along the shoreline to latitude 35°52′00″
N, longitude 076°45′31″ W, then south
to latitude 35°51′56″ N, longitude
076°45′30″ W, then northeast along the
shoreline to the point of origin, 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 § 100.501(b) and (c)(1) and (2) apply
to the area described in paragraph (a) of
this section.
(2) With the exception of participants,
entry into or remaining in this special
local regulation is prohibited unless
authorized by the COTP North Carolina
or the COTP North Carolina’s Patrol
Commander. All other vessels must
depart the special local regulation
immediately upon the start of
enforcement.
(3) To request permission transit
through the special local regulation,
contact the COTP North Carolina or the
COTP North Carolina’s Patrol
Commander through the Coast Guard
Sector North Carolina Command Duty
Officer, Wilmington, North Carolina, at
telephone number 910–343–3882 or on
VHF–FM marine band radio channel 13
(165.65 MHz) or channel 16 (156.8
MHz).
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the special local
regulation by Federal, State, and local
agencies.
(e) Enforcement period. This
regulation will be enforced from 11 a.m.
through 5 p.m. on both August 11 and
12, 2018.
Dated: August 6 2018.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2018–17222 Filed 8–9–18; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0635]
RIN 1625–AA00
Safety Zone; Ski Show Sylvan Beach,
Fish Creek, Oneida, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of Fish Creek during the
Ski Show Sylvan Beach. This safety
zone is intended to prohibit persons and
vessels from a portion of Fish Creek
during the Ski Show Sylvan Beach. This
temporary safety zone is necessary to
protect vessels and racers from the
navigational hazards associated with the
ski show.
DATES: This rule is effective from 12:00
p.m. until 8:00 p.m. on August 12, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0635 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 LTJG Sean Dolan, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9322, email D09-SMB-SECBuffaloWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On July 13, 2018 the Coast Guard
published a Notice of Proposed
Rulemaking (NPRM) titled Ski Show
Sylvan Beach; Fish Creek, Oneida, NY
(83 FR 32604). In that we discussed why
we issued the NPRM and invited
comments on our proposed regulatory
action related to this Standup
Paddleboard race. During the comment
period that ended August 2, 2018 we
received no relevant comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
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Agencies
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Rules and Regulations]
[Pages 39596-39598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17222]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0771]
RIN 1625-AA08
Special Local Regulation; Roanoke River, Plymouth, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
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 https://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