[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Rules and Regulations]
[Pages 64411-64414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25981]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0869]
RIN 1625-AA00
Safety Zone; Cooper T. Smith Fireworks Event; Mobile River;
Mobile, AL
AGENCY: Coast Guard, DHS.
[[Page 64412]]
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for a
portion of the Mobile River, Mobile, AL in the vicinity of Cooper
Riverside Park. This action is necessary for the protection of persons
and vessels on navigable waters during the Cooper T. Smith Fireworks
Event. Entry into, transiting or anchoring in this zone is prohibited
to all vessels, mariners, and persons unless specifically authorized by
the Captain of the Port Mobile or a designated representative.
DATES: This rule is effective from 9 p.m. to 10 p.m. on October 22,
2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0869. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH''. Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Lenell J. Carson, Sector Mobile,
Waterways Division, U.S. Coast Guard; telephone 251-441-5940, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
A. Regulatory History and Information
The Coast Guard is issuing this temporary final 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 there is insufficient time to publish
a NPRM. The Coast Guard received an application for a Marine Event
Permit on August 24, 2012 from Pyro Tecnico to conduct a fireworks
display on October 22, 2012. Publishing a NPRM is impracticable because
it would unnecessarily delay the required safety zone's effective date.
The safety zone is needed to protect persons and vessels from safety
hazards associated with a fireworks display. Additionally, delaying the
safety zone for the NPRM process would unnecessarily interfere with the
event and its possible commercial and contractual obligations.
For the same reasons, 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 to provide a full 30 day notice is impracticable because
immediate action is needed to protect persons and vessels from safety
hazards associated with a fireworks display.
B. Basis and Purpose
Cooper T. Smith Corp. has hired Pyro Tecnico to conduct a fireworks
display on the Mobile River, Mobile, AL in the vicinity of Cooper
Riverside Park. The fireworks fall out zone for this event is 600 feet
and covers the entire width of the Mobile River posing significant
safety hazards to both vessels and mariners operating on the Mobile
River. The Captain of the Port (COTP) Mobile is establishing a
temporary safety zone for a portion of the Mobile River, Mobile, AL, to
protect persons and vessels during the fireworks display. The legal
basis and authorities for this rule are found in 33 U.S.C. 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; and
Department of Homeland Security Delegation No. 0170.1, which
collectively authorizes the Coast Guard to propose, establish, and
define regulatory safety zones.
The COTP anticipates minimal impact on vessel traffic due to this
regulation. However, this safety zone is deemed necessary for the
protection of life and property within the COTP Mobile zone.
C. Discussion of the Final Rule
The Coast Guard is establishing a temporary safety zone for a
portion of the Mobile River, to include all waters within a 600 foot
radius around position 30[deg]41'21.7'' N, 088[deg]02'04.7'' W. This
temporary rule will protect the safety of life and property in this
area. Entry into, transiting or anchoring in this zone is prohibited to
all vessels, mariners, and persons unless specifically authorized by
the COTP Mobile or a designated representative. The COTP may be
contacted by telephone at 251-441-5976.
The COTP Mobile or a designated representative will inform the
public through broadcast notice to mariners of changes in the effective
period for the safety zone. This rule is effective from 9:00 p.m. to
10:00 p.m. on October 22, 2012.
D. 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 or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under that Order.
The safety zone listed in this rule will restrict vessel traffic
from entering, transiting or anchoring in a small portion of the Mobile
River, Mobile, AL. The effect of this regulation will not be
significant for several reasons: (1) This rule will only affect vessel
traffic for a short duration; (2) vessels may request permission from
the COTP to transit through the safety zone; and (3) the impacts on
routine navigation are expected to be minimal. Notifications to the
marine community will be made through broadcast notice to mariners.
These notifications will allow the public to plan operations around the
affected area.
Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in the affected portions of the Mobile River during a
fireworks display. This safety zone will
[[Page 64413]]
not have a significant economic impact on a substantial number of small
entities for the following reasons. The zone is limited in size, is of
short duration and vessel traffic may request permission from the COTP
Mobile or a designated representative to enter or transit through the
zone.
Assistance for Small Entities
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,
above.
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.
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).
Federalism
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 does not have implications for federalism.
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.
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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference With Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, To Minimize Litigation,
Eliminate Ambiguity, and Reduce Burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children From Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone on a waterway during a
fireworks display and is not expected to result in any significant
adverse environmental impact as described in NEPA. This rule is
categorically excluded from further review under paragraph (34)(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a categorical exclusion
determination will be made available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
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; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T08-0869 to read as follows:
Sec. 165.T08-0869 Cooper T. Smith Fireworks Event; Mobile River;
Mobile, AL.
(a) Location. The following area is a safety zone: A portion of the
Mobile River, to include all waters within a 600 foot radius around
position 30[deg]41'21.7'' N, 088[deg]02'04.7'' W.
(b) Enforcement date. This rule will be enforced from 9 p.m. to 10
p.m. on October 22, 2012.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Mobile or a designated
representative.
[[Page 64414]]
(2) Persons or vessels desiring to enter into or passage through
the zone must request permission from the Captain of the Port Mobile or
a designated representative. They may be contacted on VHF-FM channels
16 or by telephone at 251-441-5976.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the Captain of the Port or designated
representative.
(d) Informational Broadcasts. The Captain of the Port or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.
Dated: September 21, 2012.
D.J. Rose,
Captain, U.S. Coast Guard Captain of the Port Mobile.
[FR Doc. 2012-25981 Filed 10-19-12; 8:45 am]
BILLING CODE 9110-04-PENVIRONMENTAL PROTECTION AGENCY