Special Local Regulation; USAT Triathlon/Race Rowing Competition; Black Warrior River; Tuscaloosa, AL, 15597-15600 [2012-6381]
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Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Rules and Regulations
deleted in its entirety. This rule is being
published as a direct final rule as the
Department of Defense does not expect
to receive any adverse comments, and
so a proposed rule is unnecessary.
The rule is effective on May 25,
2012 unless comments are received that
would result in a contrary
determination. Comments will be
accepted on or before May 15, 2012. If
DoD receives a significant adverse
comment, the Department will publish
a withdrawal of this direct final rule in
the Federal Register.
DATES:
You may submit comments,
identified by docket number and title,
by any of the following methods.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 4800 Mark Center Drive,
Suite 02G09, Alexandria, VA 22350–
3100.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
Federal Register document. The general
policy for comments and other
submissions from members of the public
is to make these submissions available
for public viewing on the Internet at
https://www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Ms.
Anne Hill at (301) 688–6527.
SUPPLEMENTARY INFORMATION:
srobinson on DSK4SPTVN1PROD with RULES
Direct Final Rule and Significant
Adverse Comments
DoD has determined this rulemaking
meets the criteria for a direct final rule
because it involves nonsubstantive
changes dealing with DoD’s
management of its Privacy Progams.
DoD expects no opposition to the
changes and no significant adverse
comments. However, if DoD receives a
significant adverse comment, the
Department will publish a withdrawal
of this direct final rule in the Federal
Register. A significant adverse comment
is one that explains: (1) Why the direct
final rule is inappropriate, including
challenges to the rule’s underlying
premise or approach; or (2) why the
direct final rule will be ineffective or
unacceptable without a change. In
determining whether a comment
necessitates withdrawal of this direct
final rule, DoD will consider whether it
warrants a substantive response in a
notice and comment process.
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Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
It has been determined that Privacy
Act rules for the Department of Defense
are not significant rules. The rules do
not (1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy; a sector of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribal governments or
communities; (2) Create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another Agency; (3) Materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs, or
the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in these Executive orders.
15597
responsibilities among the various
levels of government.
List of Subjects in 32 CFR Part 322
Privacy.
Accordingly, 32 CFR part 322 is
amended as follows:
PART 322—NATIONAL SECURITY
AGENCY/CENTRAL SECURITY
SERVICE
1. The authority citation for 32 CFR
part 322 continues to read as follows:
■
Authority: Pub. L. 93–579, 88 Stat. 1896
(5 U.S.C. 552a).
§ 322.7
[Amended]
2. In § 322.7 remove and reserve
paragraph (r).
■
Dated: February 28, 2012.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2012–6171 Filed 3–15–12; 8:45 am]
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Chapter 6)
BILLING CODE 5001–06–P
It has been determined that Privacy
Act rules for the Department of Defense
do not have significant economic impact
on a substantial number of small entities
because they are concerned only with
the administration of Privacy Act
systems of records within the
Department of Defense.
DEPARTMENT OF HOMELAND
SECURITY
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
RIN 1625–AA08
It has been determined that Privacy
Act rules for the Department of Defense
impose no additional information
collection requirements on the public
under the Paperwork Reduction Act of
1995.
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
It has been determined that the
Privacy Act rulemaking for the
Department of Defense does not involve
a Federal mandate that may result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
and that such rulemaking will not
significantly or uniquely affect small
governments.
Executive Order 13132, ‘‘Federalism’’
It has been determined that the
Privacy Act rules for the Department of
Defense do not have federalism
implications. The rules do not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
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Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0088]
Special Local Regulation; USAT
Triathlon/Race Rowing Competition;
Black Warrior River; Tuscaloosa, AL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for a portion of the Black
Warrior River, from mile 338.5 to mile
341.5, Tuscaloosa, AL. This action is
necessary for the safeguard of
participants and spectators, including
all crews, vessels, and persons on
navigable waters during the USAT
Triathlon/Race Rowing Competition.
Entry into, transiting in or anchoring in
this area is prohibited to all vessels not
registered with the sponsor as
participants or not part of the regatta
patrol, unless specifically authorized by
the Captain of the Port (COTP) Mobile
or a designated representative.
DATES: This rule is effective and
enforceable with actual notice from
7 a.m. until 6 p.m. on April 21, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2012–
SUMMARY:
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Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Rules and Regulations
0088 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0088 in the ‘‘Search’’ box,
and then clicking ‘‘Search.’’ They are
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays; and U.S. Coast
Guard Sector Mobile (spw), Building
102, Brookley Complex South Broad
Street, Mobile, AL 36615, between
8 a.m. and 3:30 p.m., Monday through
Friday, except Federal holidays.
If
you have questions on this temporary
rule, call or email Lt. Lenell J. Carson,
Coast Guard Sector Mobile, Waterways
Division; telephone 251–441–5940 or
email Lenell.J.Carson@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
srobinson on DSK4SPTVN1PROD with RULES
Regulatory 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.’’ This rule
provides proper notice; however, 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) which would
provide a comment period with respect
to this rule. The Coast Guard received
applications for Marine Event Permits
on February 2, 2012, and February 6,
2012, from the University of Alabama
and the Tuscaloosa Tourism and Sports
Commission to conduct their events on
April 21, 2012. After reviewing the
details of the events and the permit
applications, the Coast Guard
determined that a special local
regulation is needed and delaying or
foregoing this safety measure to provide
a comment period would be contrary to
the public interest. The special local
regulation is needed to safeguard
persons and vessels from safety hazards
associated with the USAT Triathlon and
Race Rowing Competition.
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Basis and Purpose
The University of Alabama Women’s
rowing team is sponsoring a Race
Rowing Competition between the
University of Alabama and the
University of Iowa on the Black Warrior
River. The Tuscaloosa Tourism and
Sports Commission is sponsoring the
USAT National Collegiate
Championship Triathlon, and the
swimming portion of the race is to take
place in the Black Warrior River. The
introduction of rowing vessels and
swimmers into a commercially transited
river system poses significant safety
hazards to both swimmers and rowing
vessels. The COTP Mobile is
establishing a temporary special local
regulation for a portion of the Black
Warrior River, Tuscaloosa, AL, to
safeguard persons and vessels during
the two events.
The COTP anticipates minimal impact
on vessel traffic due to this regulation.
However, this special local regulation is
deemed necessary for the safeguard of
life and property within the COTP
Mobile zone.
Discussion of Rule
The Coast Guard is establishing a
temporary special local regulation for a
portion of the Black Warrior River from
mile 338.5 to mile 341.5, Tuscaloosa,
AL. This temporary rule will safeguard
life and property in this area. Entry into,
transiting in or anchoring in this zone
is prohibited to all vessels not registered
with the sponsor as participants or not
part of the regatta patrol, unless
specifically authorized by the COTP
Mobile or a designated representative.
They may be contacted on VHF–FM
Channel 16 or through Coast Guard
Sector Mobile 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
special local regulation. This rule is
effective from 7 a.m. until 6 p.m. on
April 21, 2012.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 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, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
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Budget has not reviewed it under that
Order.
The special local regulation listed in
this rule will only restrict vessel traffic
from entering, transiting, or anchoring
within a small portion of the Black
Warrior River, 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 regulated area; 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 regulated
area.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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 or anchor in
affected portions of the Black Warrior
River, Tuscaloosa, AL, during the two
events. This special local regulation 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 regulated area.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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
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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 calls for no 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
determined that this rule does not have
implications for federalism.
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 affect 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
srobinson on DSK4SPTVN1PROD with RULES
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
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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
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies. 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 concluded this action is one of a
category of actions which do not
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15599
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves establishing a special local
regulation, requiring a permit wherein
an analysis of the environmental impact
of the regulations was performed. Under
figure 2–1, paragraph (34)(h.), of the
Instruction, an environmental analysis
checklist and a categorical exclusion
determination are not required for this
rule.
List of Subjects 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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T08–0088 to read as
follows:
■
§ 100.35T08–0088 Special Local
Regulation; Black Warrior River;
Tuscaloosa, AL.
(a) Regulated Area. The following area
is a regulated area: a portion of the
Black Warrior River, from mile 338.5 to
mile 341.5, Tuscaloosa, AL.
(b) Enforcement dates. This rule will
be enforced from 7 a.m. until 6 p.m. on
April 21, 2012.
(c) Special Local Regulations. (1) 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
Guard, state, or local law enforcement
and sponsor provided vessels assigned
or approved by the Captain of the Port
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 and 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 shall anchor, block,
loiter, or impede the through transit of
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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
Captain of the Port 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
planned schedule.
Dated: February 21, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the
Port Mobile.
[FR Doc. 2012–6381 Filed 3–15–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0085]
srobinson on DSK4SPTVN1PROD with RULES
RIN 1625–AA08
Special Local Regulation; Emerald
Coast Super Boat Grand Prix; Saint
Andrew Bay; Panama City, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for a portion of Saint Andrew
SUMMARY:
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Bay, Panama City, FL. This action is
necessary for the safeguard of
participants and spectators, including
all crews, vessels, and persons on
navigable waters during the Emerald
Coast Super Boat Grand Prix high speed
boat races. Entry into, transiting in or
anchoring in this area is prohibited to
all vessels not registered with the
sponsor as participants or not part of the
regatta patrol, unless specifically
authorized by the Captain of the Port
(COTP) Mobile or a designated
representative.
DATES: This rule is effective from
10 a.m. until 4 p.m. on May 6, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2012–
0085 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0085 in the ‘‘Search’’ box,
and then clicking ‘‘Search.’’ They are
also available for inspection or copying
at the Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays
and U.S. Coast Guard Sector Mobile
(spw), Building 102, Brookley Complex
South Broad Street Mobile, AL 36615,
between 8 a.m. and 3:30 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,
Coast Guard Sector Mobile, Waterways
Division; telephone 251–441–5940 or
email Lenell.J.Carson@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory 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.’’ This rule
provides proper notice; however, 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) which would
provide a comment period with respect
to this rule. The Coast Guard received
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an application for a Marine Event
Permit on January 31, 2011 from Super
Boat International, Inc. to conduct a
high speed boat race on May 6, 2012.
After reviewing the details of the event
and the permit application, the Coast
Guard determined that a special local
regulation is needed and delaying or
foregoing this safety measure to provide
a comment period would be contrary to
the public interest. The special local
regulation is needed to safeguard
persons and vessels from safety hazards
associated with the Emerald Coast
Super Boat Grand Prix high speed boat
races.
Basis and Purpose
On January 31, 2012, Super Boat
International, Inc. applied for a Marine
Event Permit to conduct a high speed
boat race on Saint Andrew Bay, Panama
City, FL on May 6, 2012. This event will
draw in a large number of pleasure craft
and the high speed boats pose a
significant safety hazard to both vessels
and mariners operating in or near the
area. The COTP Mobile is establishing a
temporary special local regulation for a
portion of Saint Andrew Bay, Panama
City, FL, to safeguard persons and
vessels during the high speed boat races.
The COTP anticipates minimal impact
on vessel traffic due to this regulation.
However, this special local regulation is
deemed necessary for the safeguard of
life and property within the COTP
Mobile zone.
Discussion of Rule
The Coast Guard is establishing a
temporary special local regulation for a
portion of Saint Andrew Bay, Panama
City, FL, enclosed by a bounded area
starting at a point on the shore at
approximately 30°09′55.62″ N,
085°41′46.30″ W, then east following the
shore line to 30°08′39.18″ N,
085°39′27.89″ W, then southwest to
30°08′34.24″ N, 085°39′40.68″ W, then
west to 30°09′34.35″ N, 085°41′46.30″
W, then north to the starting point at
30°09′55.62″ N, 085°41′46.30″ W. This
temporary rule will safeguard life and
property in this area. Entry into,
transiting in or anchoring in this zone
is prohibited to all vessels not registered
with the sponsor as participants or not
part of the regatta patrol, unless
specifically authorized by the COTP
Mobile or a designated representative.
They may be contacted on VHF–FM
Channel 16 or through Coast Guard
Sector Mobile 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
special local regulation. This rule will
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]]>Agencies
[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Rules and Regulations]
[Pages 15597-15600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6381]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0088]
RIN 1625-AA08
Special Local Regulation; USAT Triathlon/Race Rowing Competition;
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 for a portion of the Black Warrior River, from mile 338.5 to
mile 341.5, Tuscaloosa, AL. This action is necessary for the safeguard
of participants and spectators, including all crews, vessels, and
persons on navigable waters during the USAT Triathlon/Race Rowing
Competition. Entry into, transiting in or anchoring in this area is
prohibited to all vessels not registered with the sponsor as
participants or not part of the regatta patrol, unless specifically
authorized by the Captain of the Port (COTP) Mobile or a designated
representative.
DATES: This rule is effective and enforceable with actual notice from 7
a.m. until 6 p.m. on April 21, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-
[[Page 15598]]
0088 and are available online by going to https://www.regulations.gov,
inserting USCG-2012-0088 in the ``Search'' box, and then clicking
``Search.'' They are also available for inspection or copying at the
Docket Management Facility (M-30), U.S. Department of Transportation,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays; and U.S. Coast Guard Sector Mobile (spw),
Building 102, Brookley Complex South Broad Street, Mobile, AL 36615,
between 8 a.m. and 3:30 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, Coast Guard Sector
Mobile, Waterways Division; telephone 251-441-5940 or email
Lenell.J.Carson@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory 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.'' This rule provides proper notice; however, 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) which would provide a
comment period with respect to this rule. The Coast Guard received
applications for Marine Event Permits on February 2, 2012, and February
6, 2012, from the University of Alabama and the Tuscaloosa Tourism and
Sports Commission to conduct their events on April 21, 2012. After
reviewing the details of the events and the permit applications, the
Coast Guard determined that a special local regulation is needed and
delaying or foregoing this safety measure to provide a comment period
would be contrary to the public interest. The special local regulation
is needed to safeguard persons and vessels from safety hazards
associated with the USAT Triathlon and Race Rowing Competition.
Basis and Purpose
The University of Alabama Women's rowing team is sponsoring a Race
Rowing Competition between the University of Alabama and the University
of Iowa on the Black Warrior River. The Tuscaloosa Tourism and Sports
Commission is sponsoring the USAT National Collegiate Championship
Triathlon, and the swimming portion of the race is to take place in the
Black Warrior River. The introduction of rowing vessels and swimmers
into a commercially transited river system poses significant safety
hazards to both swimmers and rowing vessels. The COTP Mobile is
establishing a temporary special local regulation for a portion of the
Black Warrior River, Tuscaloosa, AL, to safeguard persons and vessels
during the two events.
The COTP anticipates minimal impact on vessel traffic due to this
regulation. However, this special local regulation is deemed necessary
for the safeguard of life and property within the COTP Mobile zone.
Discussion of Rule
The Coast Guard is establishing a temporary special local
regulation for a portion of the Black Warrior River from mile 338.5 to
mile 341.5, Tuscaloosa, AL. This temporary rule will safeguard life and
property in this area. Entry into, transiting in or anchoring in this
zone is prohibited to all vessels not registered with the sponsor as
participants or not part of the regatta patrol, unless specifically
authorized by the COTP Mobile or a designated representative. They may
be contacted on VHF-FM Channel 16 or through Coast Guard Sector Mobile
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 special local regulation. This rule is effective from 7
a.m. until 6 p.m. on April 21, 2012.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 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, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
The special local regulation listed in this rule will only restrict
vessel traffic from entering, transiting, or anchoring within a small
portion of the Black Warrior River, 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 regulated area;
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 regulated area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 or anchor in affected portions of the Black Warrior River,
Tuscaloosa, AL, during the two events. This special local regulation
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 regulated area.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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
[[Page 15599]]
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 calls for no 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 determined
that this rule does not have implications for federalism.
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 affect 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
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. 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 concluded
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 is categorically excluded, under figure 2-1, paragraph
(34)(h), of the Instruction. This rule involves establishing a special
local regulation, requiring a permit wherein an analysis of the
environmental impact of the regulations was performed. Under figure 2-
1, paragraph (34)(h.), of the Instruction, an environmental analysis
checklist and a categorical exclusion determination are not required
for this rule.
List of Subjects 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. 100.35T08-0088 to read as follows:
Sec. 100.35T08-0088 Special Local Regulation; Black Warrior River;
Tuscaloosa, AL.
(a) Regulated Area. The following area is a regulated area: a
portion of the Black Warrior River, from mile 338.5 to mile 341.5,
Tuscaloosa, AL.
(b) Enforcement dates. This rule will be enforced from 7 a.m. until
6 p.m. on April 21, 2012.
(c) Special Local Regulations. (1) 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 Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the Captain of the Port 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 and 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 shall anchor, block, loiter, or impede the through
transit of
[[Page 15600]]
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 Captain of the Port 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 planned schedule.
Dated: February 21, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2012-6381 Filed 3-15-12; 8:45 am]
BILLING CODE 9110-04-P
