[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Rules and Regulations]
[Pages 6957-6959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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