[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)]
[Rules and Regulations]
[Pages 5035-5037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02159]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0009]
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.
Entry into, transiting through, or exiting from this regulated area is
prohibited unless specifically authorized by the Captain of the Port
Sector Mobile, or a designated representative.
DATES: This rule is effective from 6 a.m. until noon on February 24,
2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0009 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 Lieutenant Kyle D. Berry, 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
COTP Captain of the Port Sector Mobile
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. 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 have informed the U.S. Coast Guard that a marine event
will occur on February 24, 2018. After gathering all necessary
information, including safety needs related to this event, the Coast
Guard determined that this special local regulation is necessary for
this event. It is impracticable to publish an NPRM because we must
establish this special local regulation by February 24, 2018 and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing this rule.
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. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is necessary to protect persons and property
from the dangers associated with the rowing event.
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 Sector Mobile (COTP) has determined that
potential hazards associated with the rowing event on February 24, 2018
will be a safety concern for anyone within the area of the Black
Warrior River between mile markers 339.0 and 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 24,
2018, which will be enforced between the 6 a.m. and noon. The special
local regulation takes place on the Black Warrior River between mile
markers 339.0 and 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 into, transit through, or exist the regulated area without
obtaining permission from the COTP or a designated representative.
The Coast Guard will patrol the regatta area under the direction of
the COTP, or a designated representative. A designated representative
may be a Coast Guard Patrol Commander (PATCOM). Patrol Commander
(PATCOM) means a Coast Guard commissioned, warrant, or petty officer
who has been designated by the COTP to monitor the rowing area, permit
entry into the area, give legally enforceable orders to persons or
vessels within the area, and take other actions authorized by the COTP.
The PATCOM will be aboard either a Coast Guard or Coast Guard Auxiliary
vessel. The PATCOM may be contacted on Channel 16 (156.8 MHZ) by the
call sign ``Coast Guard Patrol Commander.''
All persons and vessels not registered with the event sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP to patrol the regulated area.
Spectator vessels desiring to enter, transit through or within, or
exit the regulated area may request permission to do so from the COTP
or a PATCOM. 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.
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.
[[Page 5036]]
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.
The COTP or a designated representative 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.
The COTP or a designated representative may terminate the event or
the operation of any vessel at any time it is deemed necessary for the
protection of life or property. The COTP or a designated representative
will terminate enforcement of the special local regulations at the
conclusion of the event.
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. 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 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, duration, and time-of-year of the regulation. The special
local regulation will take place on a 2.5 mile stretch of the Black
Warrior River between mile markers 339.0 and 341.5, during a short
duration of six hours on February 24, 2018, 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 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
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 rule involves a special local regulation
lasting only six hours on the Black Warrior River between mile markers
339.0 and 341.5. It is categorically excluded from further
[[Page 5037]]
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration
(REC) 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 in 33 CFR Part 100
Harbors, 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; 33 CFR 1.05-1.
0
2. Add Sec. 100.35T08-0009 to read as follows:
Sec. 100.35T08-0009 Special Local Regulation; Black Warrior River,
Tuscaloosa, AL.
(a) Regulated area. All navigable waters of the Black Warrior River
between mile markers 339.0 and 341.5, Tuscaloosa, AL.
(b) Period of enforcement. This section will be enforced from 6
a.m. until noon on February 24, 2018.
(c) Special local regulations. (1) In accordance with the general
regulations in Sec. 100.801, entry into, transit within or through, or
exit from this area is prohibited unless authorized by the Captain of
the Port Sector Mobile (COTP) or a designated representative. A
designated representative may be a Patrol Commander (PATCOM). The
PATCOM will be aboard either a Coast Guard or Coast Guard Auxiliary
vessel. 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 event sponsor
as participants or official patrol vessels are considered spectators.
The ``official patrol vessels'' consist of any Coast Guard, state, or
local law enforcement and sponsor provided vessels assigned or approved
by the COTP to patrol the regulated area.
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the COTP or a designated representative
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) 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.
(6) The COTP or a designated representative 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.
(7) The COTP or a designated representative 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 COTP or a designated representative will terminate
enforcement of the special local regulations at the conclusion of the
event.
(d) Informational broadcasts. The COTP 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 26, 2018.
M.R. Mclellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-02159 Filed 2-2-18; 8:45 am]
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