[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Rules and Regulations]
[Pages 45986-45988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21100]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0886]
RIN 1625-AA00


Safety Zone; Roanoke River, Plymouth, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
one mile of navigable waters of the Roanoke River in Plymouth, North 
Carolina. This temporary safety zone is intended to restrict vessel 
traffic from a portion of the Roanoke River during the Virginia Outlaw 
Drag Boat Association End of the Year Showdown high speed boat race. 
This action is intended to restrict vessel traffic movement in the 
regulated area to protect participants, spectators, and property from 
the hazards posed by high speed boat races. Entry of vessels or persons 
into this safety zone is prohibited unless specifically authorized by 
the Captain of the Port (COTP), North Carolina or a designated 
representative.

DATES: This rule is effective from 11 a.m. on October 7, 2017, through 
6 p.m. on October 8, 2017.

ADDRESSES: To view documents mentioned in this preamble, go to http://www.regulations.gov, type USCG-2017-0886 in the ``SEARCH'' box and 
click ``SEARCH.'' Click on Open Docket Folder on the line associated 
with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact Petty Officer Matthew Tyson, Waterways Management Division, 
U.S. Coast Guard Sector North Carolina, Wilmington, NC; telephone: 910-
772-2221, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations

[[Page 45987]]

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are impracticable, unnecessary, or contrary to the public 
interest. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. The Coast Guard was not notified of the need 
for this rule until September 13, 2017. It is impracticable and 
contrary to the public interest to delay this action. Waiting for a 
comment period to run would inhibit the Coast Guards' ability to 
protect the public and participants from the dangers associated with 
the high speed boat race scheduled on October 7 and October 8, 2017.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register. Immediate implementation is 
required to protect the public and participants from the dangers 
associated with these activities.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP North Carolina has determined that potential hazards 
associated with the Virginia Outlaw Drag Boat Association End of the 
Year Showdown scheduled on October 7 and October 8, 2017, is a safety 
concern for mariners during the high speed boat race on the Roanoke 
River in Plymouth, North Carolina. This rule is necessary to protect 
persons and vessels from the potential hazards associated with the high 
speed boat race.

IV. Discussion of the Rule

    This rule establishes a safety zone which will be enforced for 
portions of the day on October 7 and October 8, 2017, on the navigable 
waters of the Roanoke River in Plymouth, North Carolina. The safety 
zone will include all navigable waters from approximate positions: 
Latitude 35[deg]52'25'' N., longitude 076[deg]44'33'' W., then 
northwest to latitude 35[deg]52'29'' N., longitude 076[deg]44'37'' W., 
then southwest along the shoreline to latitude 35[deg]52'00'' N., 
longitude 076[deg]45'31'' W., then south to latitude 35[deg]51'56'' N., 
longitude 076[deg]45'30'' W., then northeast along the shoreline to the 
point of origin, on the Roanoke River, Plymouth, North Carolina. This 
safety zone will be established for the safety of mariners and 
participants during the high speed boat race. For safety reasons, no 
public spectators will be allowed to view the event from the waterway. 
Vessel traffic will be able to pass through the safety zone between 
race sets with permission. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP North 
Carolina or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net. Executive Order 13771 directs agencies to control regulatory costs 
through a budgeting process. This rule has not been designated a 
``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the rule has not been reviewed by the Office of Management 
and Budget (OMB), and pursuant to OMB guidance it is exempt from the 
requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. The regulation enforcement 
period, approximately seven hours per day for two consecutive days, 
should not overly burden vessel traffic given its short duration. This 
safety zone will impact a one mile segment of the Roanoke River, 
Plymouth, NC. Additionally, the rule allows for vessel operators to 
request permission from the COTP North Carolina or the designated 
representative to enter and transit through the safety zone. The Coast 
Guard will issue a Broadcast Notice to Mariners to notify vessels in 
the region of the establishment of this regulation.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While the precise number of small entities impacted is unknown, the 
Roanoke River has a low number of vessels transiting the area planned 
for the safety zone during the enforcement period. Although some owners 
or operators of vessels intending to transit the safety zone may be 
small entities, for the reasons stated in section V.A. above, this rule 
will not have a significant economic impact on any vessel owner or 
operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,

[[Page 45988]]

Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting 7 hours per day on two consecutive 
days that prohibits entry into a portion of Roanoke River, Plymouth, 
NC. It is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

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


Sec.  165.T05-0886  Safety Zone, Roanoke River Plymouth, NC.

    (a) Location. The following area is a safety zone: All navigable 
from approximate positions: Latitude 35[deg]52'25'' N., longitude 
076[deg]44'33'' W., then northwest to latitude 35[deg]52'29'' N., 
longitude 076[deg]44'37'' W., then southwest along the shoreline to 
latitude 35[deg]52'00'' N., longitude 076[deg]45'31'' W., then south to 
latitude 35[deg]51'56'' N., longitude 076[deg]45'30'' W. (WGS 84), then 
northeast along the shoreline to the point of origin, on the Roanoke 
River, Plymouth, North Carolina.
    (b) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, that includes a 
Coast Guard commissioned, warrant or petty officer designated by the 
Captain of the Port North Carolina (COTP) for the enforcement of the 
safety zone. ``Captain of the Port'' means the Commander, Coast Guard 
Sector North Carolina. ``Participants'' means persons and vessels 
involved in the high speed boat race.
    (c) Regulations. (1) The general regulations governing safety zones 
in Sec.  165.23 apply to the area described in paragraph (a) of this 
section.
    (2) With the exception of participants, entry into or remaining in 
this safety zone is prohibited unless authorized by the COTP North 
Carolina or the COTP North Carolina's designated representative. All 
vessels within this safety zone when this section becomes effective 
must depart the zone immediately.
    (3) To request permission to remain in, enter, or transit through 
the safety zone, contact the COTP North Carolina or the COTP North 
Carolina's representative through the Coast Guard Sector North Carolina 
Command Duty Officer, Wilmington, North Carolina, at telephone number 
910-343-3882 or on VHF-FM marine band radio channel 13 (165.65 MHz) or 
channel 16 (156.8 MHz).
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.
    (e) Enforcement period. This section will be enforced from 11 a.m. 
through 6 p.m. daily on October 7 and October 8, 2017.

    Dated: September 27, 2017.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port, North Carolina.
[FR Doc. 2017-21100 Filed 10-2-17; 8:45 am]
 BILLING CODE 9110-04-P