[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)]
[Rules and Regulations]
[Pages 11401-11403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03499]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 /
Rules and Regulations
[[Page 11401]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0032]
RIN 1625-AA08
Special Local Regulation; 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 special local
regulation on the Black Warrior River extending the entire width of the
river from mile marker 339.0 to mile marker 341.5 in Tuscaloosa, AL.
The special local regulation is needed to protect the persons
participating in the NCAA Collegiate Rowing Competition marine event.
This rulemaking restricts transit into, through and within the
regulated area unless specifically authorized by the Captain of the
Port Mobile.
DATES: This rule is effective from 7 a.m. until noon on February 25,
2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0032 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 LT Fannie L. Wilks, Sector Mobile, Waterways Management
Division, U.S. Coast Guard; telephone 251-441-5940, 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
PATCOM Patrol Commander
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 because doing so would be impracticable. The
event sponsors informed the U.S. Coast Guard of the marine event on
January 3, 2017. After gathering all necessary information, including
safety needs related to this event, the Coast Guard determined that the
related special local regulation is necessary during this event. At
this time, it would be impracticable to complete the full notice and
comment process because this special local regulation must be
established on February 25, 2017.
We are issuing this rule, and 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.
For the same reasons discussed in the preceding paragraph, waiting for
a 30 day notice period to run would be impracticable.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Mobile (COTP) has determined that
potential hazards associated with the rowing event on February 25, 2017
will be a safety concern for anyone within the area of the Black
Warrior River between mile marker 339.0 and mile marker 341.5. This
rule is needed to protect participants, spectators, and other persons
and vessels during the rowing event on navigable waters.
IV. Discussion of the Rule
This rule establishes a special local regulation on February 25,
2017, which will be enforced between the hours of 7 a.m. and noon. The
special local regulation takes place on the Black Warrior River between
mile marker 339.0 and mile marker 341.5, extending the entire width of
the navigable channel. The duration of the regulation is intended to
protect participants, spectators, and other persons and vessels before,
during, and after the rowing event. No vessel or person will be
permitted to enter, transit within or through, or exit the regulated
area without obtaining permission from the COTP or a designated
representative. Spectator vessels desiring to enter, transit through or
within, or exit the regulated area may request permission to do so from
the Patrol Commander. When permitted to transit the area vessels must
follow restrictions within the regulated area as directed by the Coast
Guard, and must operate at a minimum safe navigation speed in a manner
which will not endanger participants in the regulated area or any other
vessels.
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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the regulation. The special
local regulation will take place on a 2.5 mile stretch of navigable
[[Page 11402]]
waterway, during a short duration of five hours on the Black Warrior
River from mile marker 339.0 to 341.5 on February 25, 2017, which is a
time of year experiencing lower than normal traffic. Moreover, the
Coast Guard will issue Broadcast Notices to Mariners via VHF-FM marine
channel 16 about the regulation so that waterway users may plan
accordingly for transits during this restriction. The rule also allows
vessels to seek permission from the COTP Mobile or a designated
representative to enter the regulated area.
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
regulated area 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,
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 special local regulation lasting for five hours on the
Black Warrior River between mile marker 339.0 and mile marker 341.5. It
is categorically excluded from further review under paragraph 34(h) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are 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.
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.
0
2. Add Sec. 100.35T08-0032 to read as follows:
Sec. 100.35T08-0032 Special Local Regulation; Black Warrior River;
Tuscaloosa, AL.
(a) Regulated area. All navigable waters of the Black Warrior River
between mile marker 339.0 and mile marker 341.5, Tuscaloosa, AL.
(b) Period of enforcement. This rule will be enforced from 7 a.m.
until noon on February 25, 2017.
(c) Special local regulations. (1) Entry into, transit within or
through, or exit from this area is prohibited unless authorized by the
Captain of the Port Mobile (COTP) or the designated Patrol Commander.
The Coast Guard will patrol the regulated area under the direction of a
designated Coast Guard Patrol Commander. The Patrol Commander may be
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
(2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast
[[Page 11403]]
Guard, state, or local law enforcement and sponsor provided vessels
assigned or approved by the Captain of the Port (COTP) Mobile to patrol
the regulated area.
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer will be operated at a minimum safe navigation
speed in a manner which will not endanger participants in the regulated
area or any other vessels.
(4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
(5) The patrol commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
(6) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
(7) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
(8) The Patrol Commander will terminate enforcement of the special
local regulations at the conclusion of the event.
(d) Informational Broadcasts. The COTP Mobile or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the regulated area as well as
any changes in the date and times of enforcement.
Dated: January 25, 2017.
J.H. Snowden,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2017-03499 Filed 2-22-17; 8:45 am]
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