Special Local Regulation; Tuscaloosa Dragon Boat Race; Black Warrior River; Tuscaloosa, AL, 23125-23128 [2012-9375]
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Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T08–0168 to read as
follows:
■
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§ 100.35T08–0168 Special Local
Regulation; Gulfport Lake; Gulfport, MS.
(a) Regulated Area. The following area
is a regulated area: Gulfport Lake,
Gulfport, MS to include all waters
between an eastern boundary
represented by positions 30°25′36″ N,
089°03′08″ W to 30°25′26″ N, 089°03′08″
W, and a western boundary represented
by positions 30°25′32″ N, 089°03′59″ W
to 30°25′26″ N, 089°03′59″ W.
(b) Enforcement dates. This rule will
be enforced from 10 a.m. until 6 p.m. on
May 5, 2012 and May 6, 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’’.
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(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
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
vessels must 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: March 27, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the
Port Mobile.
[FR Doc. 2012–9389 Filed 4–17–12; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0218]
RIN 1625–AA08
Special Local Regulation; Tuscaloosa
Dragon Boat Race; 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 340.5 to mile
341.0, Tuscaloosa, AL. This action is
necessary for the safeguard of
participants and spectators, including
all crews, vessels, and persons on
navigable waters during the Jr. League of
Tuscaloosa Dragon Boat Races. Entry
into, transiting 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
11 a.m. until 4 p.m. on April 28, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2012–
0218 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0218 in the ‘‘Keyword’’
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:
SUMMARY:
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Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations
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.’’ 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 there
is insufficient time to publish a NPRM.
The Coast Guard received an
application for a Marine Event Permit
on March 2, 2012 from the Junior
League of Tuscaloosa to conduct their
event on April 28, 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 would be contrary to the public
interest. The special local regulation is
needed to safeguard persons and vessels
from safety hazards associated with the
Jr. League of Tuscaloosa Dragon Boat
Races. This event is advertised as
scheduled and participants, sponsors
and spectators have planned for the
event. It would be impracticable and
unnecessary to reschedule the planned
and advertised event in order to
complete the NPRM process.
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 notice before
the effective date after publication in the
Federal Register. The Coast Guard
received an application for a Marine
Event Permit on March 2, 2012 from the
Junior League of Tuscaloosa to conduct
their event on April 28, 2012. Delaying
the effective date would be
impracticable and would unnecessarily
delay the event. Immediate action is
needed to protect persons and vessels
from safety hazards associated with the
Jr. League of Tuscaloosa Dragon Boat
Races.
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Basis and Purpose
The Junior League of Tuscaloosa is
sponsoring a Dragon Boat Race on the
Black Warrior River. The introduction of
Dragon Boats into a commercially
transited river system poses significant
safety hazards to both the Dragon Boat
racers and the commercial vessels. The
COTP Mobile is establishing a
temporary special local regulation for a
portion of the Black Warrior River,
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Tuscaloosa, AL, to safeguard persons
and vessels during the Dragon Boat
races.
The COTP anticipates minimal impact
on vessel traffic due to this regulation.
However, this special local regulation is
deemed necessary to safeguard 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 340.5 to mile 341.0, Tuscaloosa,
AL. This temporary rule will safeguard
life and property in this area. Entry into,
transiting 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 11 a.m. until 4 p.m. on
April 28, 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.
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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 Dragon
Boat Races. 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
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,
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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.
Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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.
Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
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.
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.
Civil Justice Reform
List of Subjects 33 CFR Part 100
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.
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:
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
Protection of Children
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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
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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 § 100.35T08–0218 to read as
follows:
■
§ 100.35T08–0218 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 340.5 to
mile 341, Tuscaloosa, AL.
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23127
(b) Enforcement dates. This rule will
be enforced from 11 a.m. until 4 p.m. on
April 28, 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
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
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Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations
the enforcement period for the regulated
area as well as any changes in the
planned schedule.
Dated: March 27, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the
Port Mobile.
[FR Doc. 2012–9375 Filed 4–17–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 3 and 20
RIN 2900–AO43
Rules Governing Hearings Before the
Agency of Original Jurisdiction and the
Board of Veterans’ Appeals; Repeal of
Prior Rule Change
Department of Veterans Affairs.
Direct final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is taking final action to
amend its hearing regulations to repeal
a prior amendment that specified that
the provisions regarding hearings before
the Agency of Original Jurisdiction
(AOJ) do not apply to hearings before
the Board of Veterans’ Appeals (Board).
This action is being taken because of
VA’s decision that the prior amendment
should have followed the notice-andcomment procedure of the
Administrative Procedure Act (APA).
DATES: This rule is effective June 18,
2012, without further notice, unless VA
receives a significant adverse comment
by May 18, 2012. If adverse comment is
received, VA will publish a timely
withdrawal of the rule in the Federal
Register.
ADDRESSES: Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery to the Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Ave.
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AO43—Rules Governing Hearings
Before the Agency of Original
Jurisdiction and the Board of Veterans’
Appeals; Repeal of Prior Rule Change.’’
Copies of comments received will be
available for public inspection in the
Office of Regulation Policy and
Management, Room 1063B, between the
hours of 8 a.m. and 4:30 p.m. Monday
through Friday (except holidays). Please
call (202) 461–4902 for an appointment
(this is not a toll-free number). In
addition, during the comment period,
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SUMMARY:
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comments may be viewed online
through the Federal Docket Management
System (FDMS) at www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Laura H. Eskenazi, Principal Deputy
Vice Chairman, Board of Veterans’
Appeals (01C2), Department of Veterans
Affairs, 810 Vermont Avenue NW.,
Washington, DC 20420, (202) 632–4603.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: On August
23, 2011, VA issued a final rule, ‘‘Rules
Governing Hearings Before the Agency
of Original Jurisdiction and the Board of
Veterans’ Appeals; Clarification,’’ 76 FR
52572 (RIN 2900–AO06), revising VA’s
regulations to specify that the
provisions governing hearings in 38 CFR
3.103 only apply to hearings conducted
before the AOJ and that the provisions
in part 20 govern hearings before the
Board. The revision was made because
of a decision by the United States Court
of Appeals for Veterans Claims (Court)
in Bryant v. Shinseki, 23 Vet. App. 488
(2010), which applied the provisions of
§ 3.103(c)(2) to a Board hearing. The
Bryant Court held that the provisions of
§ 3.103(c)(2) require a ‘‘Board hearing
officer’’ to ‘‘fully explain the issues still
outstanding that are relevant and
material to substantiating the claim’’
and to ‘‘suggest that a claimant submit
evidence on an issue material to
substantiating the claim when the
record is missing any evidence on that
issue or when the testimony at the
hearing raises an issue for which there
is no evidence in the record.’’ Id. at
496–97.
RIN 2900–AO06, among other things,
altered the language upon which the
Bryant Court relied. VA has determined
that RIN 2900–AO06 should have
followed the notice-and-comment
procedure of 5 U.S.C. 553(b) and (c) of
the APA. Accordingly, in this directfinal rule, VA is repealing the
amendments made by RIN 2900–AO06.
Based on the rationale set forth in this
preamble, VA amends, in part 3,
§ 3.103(a) and (c)(1), and, in part 20,
§ 20.706 and Appendix A, to return the
regulations to the language in effect
before August 23, 2011.
Administrative Procedure Act
VA believes this rule is noncontroversial, anticipates that this rule
will not result in any significant adverse
comment, and therefore is issuing it as
a direct final rule.
For purposes of the direct final
rulemaking, a significant adverse
comment is one that explains why the
rule would be inappropriate, including
challenges to the rule’s underlying
premise or approach, or why it would
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be ineffective or unacceptable without a
change. In determining whether an
adverse comment is significant and
warrants withdrawing a direct final rule,
we will consider whether the comment
raises an issue serious enough to
warrant a substantive response in a
notice-and-comment process in
accordance with section 553 of the APA
(5 U.S.C. 553). Comments that are
frivolous, insubstantial, or outside the
scope of the rule will not be considered
adverse under this procedure. For
example, a comment recommending an
additional change to the rule will not be
considered a significant comment
unless the comment states why the rule
would be ineffective without the
additional change.
Under direct final rule procedures, if
no significant adverse comment is
received within the comment period,
the rule will become effective on the
date specified above. After the close of
the comment period, VA will publish a
document in the Federal Register
indicating that no significant adverse
comment was received and confirming
the effective date of the rule.
However, if any significant adverse
comment is received, VA will publish in
the Federal Register a notice
acknowledging receipt of a significant
adverse comment and withdrawing the
direct final rule. We will then publish
in the Federal Register a proposed rule
document, which will be substantially
identical to this direct final rule and
will serve as a proposal for the
amendments in this direct final rule.
Any comments received in response to
the direct final rule will be treated as
comments regarding the proposed rule.
VA will consider such comments in
developing a subsequent final rule.
Paperwork Reduction Act
This document contains no provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521).
Regulatory Flexibility Act
The Secretary hereby certifies that
this regulatory amendment will not
have a significant economic impact on
a substantial number of small entities as
they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601–612. This
rulemaking will not directly affect any
small entities. Only VA beneficiaries
will be directly affected. Therefore,
pursuant to 5 U.S.C. 605(b), this
amendment is exempt from the initial
and final regulatory flexibility analysis
requirements of sections 603 and 604.
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]]>Agencies
[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Rules and Regulations]
[Pages 23125-23128]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9375]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0218]
RIN 1625-AA08
Special Local Regulation; Tuscaloosa Dragon Boat Race; 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 340.5 to
mile 341.0, Tuscaloosa, AL. This action is necessary for the safeguard
of participants and spectators, including all crews, vessels, and
persons on navigable waters during the Jr. League of Tuscaloosa Dragon
Boat Races. Entry into, transiting 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
11 a.m. until 4 p.m. on April 28, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0218 and are available online
by going to https://www.regulations.gov, inserting USCG-2012-0218 in the
``Keyword'' 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:
[[Page 23126]]
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.'' 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 there is insufficient time to publish
a NPRM. The Coast Guard received an application for a Marine Event
Permit on March 2, 2012 from the Junior League of Tuscaloosa to conduct
their event on April 28, 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 would be contrary to the public interest. The special local
regulation is needed to safeguard persons and vessels from safety
hazards associated with the Jr. League of Tuscaloosa Dragon Boat Races.
This event is advertised as scheduled and participants, sponsors and
spectators have planned for the event. It would be impracticable and
unnecessary to reschedule the planned and advertised event in order to
complete the NPRM process.
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 notice before the effective date after publication in the
Federal Register. The Coast Guard received an application for a Marine
Event Permit on March 2, 2012 from the Junior League of Tuscaloosa to
conduct their event on April 28, 2012. Delaying the effective date
would be impracticable and would unnecessarily delay the event.
Immediate action is needed to protect persons and vessels from safety
hazards associated with the Jr. League of Tuscaloosa Dragon Boat Races.
Basis and Purpose
The Junior League of Tuscaloosa is sponsoring a Dragon Boat Race on
the Black Warrior River. The introduction of Dragon Boats into a
commercially transited river system poses significant safety hazards to
both the Dragon Boat racers and the commercial 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 Dragon Boat races.
The COTP anticipates minimal impact on vessel traffic due to this
regulation. However, this special local regulation is deemed necessary
to safeguard 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 340.5 to
mile 341.0, Tuscaloosa, AL. This temporary rule will safeguard life and
property in this area. Entry into, transiting 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 11
a.m. until 4 p.m. on April 28, 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 Dragon Boat Races. 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 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,
[[Page 23127]]
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.
Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
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
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
Technical Standards
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. 100.35T08-0218 to read as follows:
Sec. 100.35T08-0218 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 340.5 to mile 341,
Tuscaloosa, AL.
(b) Enforcement dates. This rule will be enforced from 11 a.m.
until 4 p.m. on April 28, 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 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
[[Page 23128]]
the enforcement period for the regulated area as well as any changes in
the planned schedule.
Dated: March 27, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2012-9375 Filed 4-17-12; 8:45 am]
BILLING CODE 9110-04-P
