[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Rules and Regulations]
[Pages 13241-13244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05744]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0076]
RIN 1625-AA00
Safety Zone; Tuscaloosa Regional Air Show; Black Warrior River;
Tuscaloosa, AL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing the waters of the Black Warrior River in Tuscaloosa, AL.
This action is necessary for the safeguard of participants and
spectators, including all crews, vessels, and persons on
[[Page 13242]]
navigable waters during the Tuscaloosa Regional Air Show. Entry into or
transiting 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 on March 26-29, 2015, from 11:30 a.m.
until 5 p.m. each day.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0076. 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 Stanley A. Tarrant, Sector Mobile,
Waterways Management 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 Cheryl F. Collins,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FAA Federal Aviation Administration
FR Federal Register
LNM Local Notice to Mariners
NEPA National Environmental Policy Act
NPRM Notice of Proposed Rulemaking
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)(3)(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 did not
receive the necessary information from The City of Tuscaloosa of their
intentions to conduct an air show on March 26-29, 2015 over a portion
of the Black Warrior River, in Tuscaloosa, AL until January 29, 2015.
The City of Tuscaloosa informed Coast Guard Sector Mobile that a
Federal Aviation Administration (FAA) rule prohibits all vessel traffic
and persons within the exclusion area where the air craft will be
flying overhead and therefore, requested a safety zone to keep all
vessels out of the exclusion area that crosses over the Black Warrior
River. As a result, the Coast Guard did not have sufficient time to
publish an NPRM and to receive public comments prior to the event. Any
delay in the effective date of this rule would be contrary to public
interest because immediate action is needed to protect persons and
vessels from the safety hazards associated with the planned event.
Additionally, delaying the safety zone for the NPRM process would
unnecessarily interfere with the Tuscaloosa Regional Air Show flight
schedule, compliance with federal regulations enforced by the FAA, and
potential 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.
B. Basis and Purpose
The legal basis and authorities for this rule are found in 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, 1 which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones.
The City of Tuscaloosa plans to conduct an air show for the public,
over a portion of the Black Warrior River in Tuscaloosa, AL on March,
26-29, 2015 between the hours of 11:30 a.m. and 5 p.m. each day.
The hazards associated with the air show poses safety hazards to
both vessels and mariners while airplanes fly over the Black Warrior
River, in Tuscaloosa, AL. The (Captain of the Port) COTP Mobile is
establishing a temporary safety zone encompassing the waters of the
Black Warrior River between Mile Marker (MM) 335.8 to MM 336.3, in
Tuscaloosa, AL, to protect persons and vessels, during the air show.
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
encompassing the waters of the Black Warrior River between MM 335.8 to
MM 336.3, in Tuscaloosa, AL. This temporary rule will protect the
safety of life and property in this area. Entry into or transiting 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 (BNM) of changes in the
effective period for the safety zone. This rule will be enforced from
March 26-29, 2015 at 11:30 a.m. until 5 p.m. each day.
BNMs will be used to inform waterway users of the exact enforcement
times and any changes in this safety zone or its enforcement prior to
the Tuscaloosa Regional Air Show.
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.
1. 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 those Orders.
The safety zone listed in this rule will restrict vessel traffic
from entering or transiting in a small portion of the Black Warrior
River, in Tuscaloosa, 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) impacts on routine
navigation are expected to be minimal. Notifications to the marine
community will be made through BNMs. These notifications will allow the
public to plan operations around the affected area.
2. Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended,
[[Page 13243]]
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. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit in the affected portions of the Black Warrior
River during the Tuscaloosa Regional Air Show. This safety zone will
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.
3. 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.
4. 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).
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 the
Tuscaloosa Regional Air Show 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 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;
[[Page 13244]]
Department of Homeland Security Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T08-0076 to read as follows:
Sec. 165.T08-0076 Safety Zone; Tuscaloosa Regional Air Show; Black
Warrior River; Tuscaloosa, AL.
(a) Location. The following area is a safety zone: all waters
encompassing the waters of the Black Warrior River between MM 335.8 to
MM 336.3, in Tuscaloosa, AL.
(b) Effective dates and enforcement period. This rule is effective
on March 26-29, 2015, from 11:30 a.m. until 5:00 p.m. each day.
(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.
(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 Mobile or designated
representative.
(d) Informational broadcasts. The Captain of the Port Mobile 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 safety zone or the planned schedule.
Dated: February 2, 2015.
S. Walker,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2015-05744 Filed 3-12-15; 8:45 am]
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