[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Rules and Regulations]
[Pages 43301-43303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19663]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0786]
RIN 1625-AA00
Safety Zone; Tombigbee River, Demopolis, AL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Tombigbee River from mile marker (MM) 215.5
to MM 216.5, near Demopolis, AL. This action is necessary to protect
persons and property on navigable waters during a fireworks display
taking place on or over the waterway. Entry into or transiting in this
zone is prohibited to all vessels, mariners, and persons unless
specifically authorized by the Captain of the Port Sector Mobile (COTP)
or a designated representative.
DATES: This rule is effective from 8 p.m. through 10 p.m. on September
16, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0786 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 Kyle D. Berry, Sector Mobile, Waterways Management
Division, U.S. Coast Guard; telephone 251-441-5940, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Acronyms
CFR Code of Federal Regulations
COTP Captain of the Port Sector Mobile
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 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 it is impracticable. It is
impracticable to publish an NPRM because we must establish this safety
zone by September 16, 2017 and lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule.
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 rule effective less
than 30 days after publication in the Federal Register. Delaying the
effective date to provide a full 30 days' notice is contrary to public
interest because immediate action is needed to protect persons and
vessels from safety hazards associated with the fireworks display over
this navigable waterway.
III. Legal Authority and Need for Rule
The legal basis and authorities for this rule are found in 33
U.S.C. 1231. The Marengo County Historical Society plans to conduct a
fireworks display launched from shore on the Tombigbee River located
near mile marker (MM) 216.0, in Demopolis, AL on September 16, 2017.
Therefore, the Coast Guard has determined that a safety zone is needed
to protect the public, mariners, and vessels from the potential hazards
associated with a barge-based fireworks display on and over the
waterway.
IV. Discussion of the Rule
The Coast Guard is establishing a temporary safety zone
encompassing all waters extending the entire width of the Tombigbee
River from MM 215.5 to MM 216.5, near Demopolis, AL from 8 p.m. through
10 p.m. on September 16, 2017. The location and duration of this safety
zone is intended to protect persons and vessels during the fireworks
display taking place over this navigable waterway. No person or vessel
will be permitted to enter or transit within the safety zone, unless
specifically authorized by the Captain of the Port Sector Mobile (COTP)
or a designated representative. The COTP may be contacted by telephone
at 251-441-5976.
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.
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
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pursuant to OMB guidance it is exempt from the requirements of
Executive Order 13771.
This regulatory determination is based on the duration, location,
and size of the safety zone. This safety zone will restrict vessel
traffic from entering or transiting in a one mile portion of the
Tombigbee River, in Demopolis, AL for a duration of two hours.
Additionally, notifications to the marine community will be made
through BNMs. These notifications will allow the public to plan
operations around the affected area and vessels may request permission
from the COTP to transit through the safety zone.
B. 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
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 E.O. 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 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 (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 one mile section of
the Tombigbee River during a firework 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. 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 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.T08-0786 to read as follows:
Sec. 165.T08-0786 Safety Zone; Tombigbee River, Demopolis, AL
(a) Location. The following area is a safety zone: All navigable
waters of the Tombigbee River from mile marker (MM) 215.5 to MM 216.5
near Demopolis, AL.
(b) Enforcement period. This section will be enforced from 8 p.m.
through 10 p.m. on September 16, 2017.
(c) Regulations. (1) The general regulations contained in Sec.
165.23 as well as the regulations in this section apply to the
regulated area.
(2) Entry into this zone is prohibited unless authorized by the
Captain of the Port Sector Mobile (COTP) or a designated
representative.
(3) Persons or vessels seeking to enter into or transit through the
zone must request permission from the COTP or a designated
representative. They may be
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contacted on VHF-FM channels 16 or by telephone at 251-441-5976.
(4) If permission is granted, all persons and vessels must comply
with the instructions of the COTP or designated representative.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the safety zone.
Dated: August 24, 2017.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2017-19663 Filed 9-14-17; 8:45 am]
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