Special Local Regulation; Tuscaloosa Dragon Boat Races; Black Warrior River; Tuscaloosa, AL, 24065-24067 [2013-09721]
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Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Rules and Regulations
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 involves the
establishment of a special local
regulation issued in conjunction with a
regatta or marine parade, and, therefore
it is categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of the Commandant Instruction.
During the annual permitting process
for this event an environmental analysis
was conducted, and thus, no
preliminary environmental analysis
checklist or Categorical Exclusion
Determination (CED) are required for
this rulemaking action. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
BILLING CODE 9110–04–P
1. The authority citation for part 100
continues to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
Authority: 33 U.S.C. 1233.
2. Add § 100.T09–0211 to read as
follows:
■
Coast Guard
tkelley on DSK3SPTVN1PROD with RULES
§ 100.T09–0211 Special Local Regulation;
Hebda Cup Rowing Regatta, Wyandotte, MI.
(a) Regulated Area. A regulated area is
established to include all waters of the
Trenton Channel in the Detroit River,
Wyandotte, Michigan, starting at a point
on land at position 42°10′58″ N,
083°9′23″ W; following the Trenton
Channel north to position 42°11′44″ N,
083°8′56″ W. All geographic coordinates
are North American Datum of 1983
(NAD 83). Two thirds of the Trenton
Channel on the western portion of the
regulated area, from the Wyandotte
shoreline to a point approximately 670
feet east into the channel, will be
designated as the race zone, while the
remaining third portion on the eastern
side of the of the regulated area,
approximately 330 feet in width, will be
designated as a buffer zone.
(b) Enforcement Period. This
regulation will be enforced from 7:30
a.m. until 4:30 p.m. on April 27, 2013.
17:22 Apr 23, 2013
Jkt 229001
Dated: April 8, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2013–09718 Filed 4–23–13; 8:45 am]
■
VerDate Mar<15>2010
(c) Regulations.
(1) No vessel may enter, transit
through, or anchor within the race zone
of the regulated area unless authorized
by the Captain of the Port Detroit, or his
designated on-scene representative.
(2) Vessels may enter and transit
through the buffer zone on the eastern
side of regulated area at no-wake speed
with the authorization of the Captain of
the Port or his designated on scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Sector Detroit is
any Coast Guard commissioned, warrant
or petty officer or a Federal, State, or
local law enforcement officer designated
by or assisting the Captain of the Port,
Sector Detroit to act on his behalf.
(4) Vessel operators desiring to enter
or operate within the regulated area
shall contact the Coast Guard Patrol
Commander to obtain permission to do
so. The Captain of the Port, Sector
Detroit or his on-scene representative
may be contacted via VHF Channel 16
or at 313–568–9464. Vessel operators
given permission to enter or operate in
the security zones must comply with all
directions given to them by the Captain
of the Port, Sector Detroit, or his onscene representative.
33 CFR Part 100
[Docket No. USCG–2013–0190]
RIN 1625–AA08
Special Local Regulation; Tuscaloosa
Dragon Boat Races; 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, Tuscaloosa, AL. This
action is necessary for the safety of
participants and spectators on during
the Junior 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
SUMMARY:
PO 00000
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24065
authorized by the Captain of the Port
(COTP) Mobile or a designated
representative.
DATES: This rule is effective from 10:30
a.m. until 4:30 p.m. on April 27, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0190. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH’’. Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 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,
Sector Mobile, Waterways Division, U.S.
Coast Guard; telephone 251–441–5940,
email Lenell.J.Carson@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
A. Regulatory History and 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
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 17, 2013 from the Junior
League of Tuscaloosa to conduct their
event on April 27, 2013. 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
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24066
Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Rules and Regulations
needed to safeguard persons and vessels
from safety hazards associated with the
Junior 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 after
publication in the Federal Register.
Delaying the effective date to provide a
full 30 day notice is contrary to public
interest because immediate action is
needed to protect persons and vessels
from safety hazards associated with the
Junior League of Tuscaloosa Dragon
Boat Races.
B. 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 legal basis and authorities for
this rule are found in 33 U.S.C. 1233
and 33 CFR part 100, which authorizes
the Coast Guard to propose, establish,
and define regulatory special local
regulations for safety during marine
events.
The COTP anticipates minimal impact
on vessel traffic due to this regulation.
However, the temporary special local
regulation is deemed necessary for the
safeguard of life and property within the
COTP Mobile zone.
tkelley on DSK3SPTVN1PROD with RULES
C. Discussion of Comments, Changes
and the Temporary Final Rule
The Coast Guard is establishing a
temporary special local regulation for a
portion of the Black Warrior River from
river mile 340.5 to river 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.
VerDate Mar<15>2010
17:22 Apr 23, 2013
Jkt 229001
The COTP Mobile or a designated
representative will inform the public
through broadcast notice to mariners of
changes in the effective period for the
temporary special local regulation. This
rule is effective from 10:30 a.m. until
4:30 p.m. on April 27, 2013.
D. 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 or
executive orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The temporary 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 Local
Notice to Mariners and Broadcast Notice
to Mariners. These notifications will
allow the public to plan operations
around the regulated area.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
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vessels intending to transit or anchor in
the affected portion of the Black Warrior
River, Tuscaloosa, AL during the Dragon
Boat Races. This temporary special local
regulation will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. The regulated area 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.
3. Assistance for Small Entities
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, above.
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.
4. 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).
5. 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
have determined that it does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
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Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Rules and Regulations
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.
7. 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
would not result in such expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule would not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. 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.
10. Protection of Children From
Environmental Health Risks
We have analyzed this 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.
11. Indian Tribal Governments
tkelley on DSK3SPTVN1PROD with RULES
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it would 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.
12. Energy Effects
This rule is not a ‘‘significant energy
action’’ under Executive Order 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
VerDate Mar<15>2010
17:22 Apr 23, 2013
Jkt 229001
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. This rule
involves safety for the public and is not
expected to result in any significant
adverse environmental impact as
described in NEPA. This rule is
categorically excluded from further
review under paragraph (34)(h) of figure
2–1 of the Commandant Instruction.
Therefore, 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.T08–0190 to read as
follows:
■
§ 100.T08–0190 Special Local Regulation;
Tuscaloosa Dragon Boat Races; Black
Warrior River; Tuscaloosa, AL.
(a) Location. The following area is a
regulated area: a portion of the Black
Warrior River, from river mile 340.5 to
river mile 341, Tuscaloosa, AL.
(b) Effective dates. This rule will be
effective and enforceable with actual
notice from 10:30 a.m. until 4:30 p.m.
on April 27, 2013.
(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
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Sfmt 9990
24067
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
the enforcement period for the regulated
area as well as any changes in the
planned schedule.
Dated: April 4, 2013.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the
Port Mobile.
[FR Doc. 2013–09721 Filed 4–23–13; 8:45 am]
BILLING CODE 9110–04–P
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24APR1
]]>Agencies
[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Rules and Regulations]
[Pages 24065-24067]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09721]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0190]
RIN 1625-AA08
Special Local Regulation; Tuscaloosa Dragon Boat Races; Black
Warrior River; Tuscaloosa, AL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for a portion of the Black Warrior River, Tuscaloosa, AL.
This action is necessary for the safety of participants and spectators
on during the Junior 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 from 10:30 a.m. until 4:30 p.m. on April
27, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0190. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH''. Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 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, Sector Mobile,
Waterways Division, U.S. Coast Guard; telephone 251-441-5940, email
Lenell.J.Carson@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
A. Regulatory History and 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 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 17, 2013
from the Junior League of Tuscaloosa to conduct their event on April
27, 2013. 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
[[Page 24066]]
needed to safeguard persons and vessels from safety hazards associated
with the Junior 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 after publication in the Federal Register. Delaying the
effective date to provide a full 30 day notice is contrary to public
interest because immediate action is needed to protect persons and
vessels from safety hazards associated with the Junior League of
Tuscaloosa Dragon Boat Races.
B. 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 legal basis and
authorities for this rule are found in 33 U.S.C. 1233 and 33 CFR part
100, which authorizes the Coast Guard to propose, establish, and define
regulatory special local regulations for safety during marine events.
The COTP anticipates minimal impact on vessel traffic due to this
regulation. However, the temporary special local regulation is deemed
necessary for the safeguard of life and property within the COTP Mobile
zone.
C. Discussion of Comments, Changes and the Temporary Final Rule
The Coast Guard is establishing a temporary special local
regulation for a portion of the Black Warrior River from river mile
340.5 to river 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 temporary special local regulation. This rule is
effective from 10:30 a.m. until 4:30 p.m. on April 27, 2013.
D. 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 or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The temporary 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 Local Notice to Mariners and Broadcast Notice to Mariners.
These notifications will allow the public to plan operations around the
regulated area.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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. 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 the affected portion of the Black
Warrior River, Tuscaloosa, AL during the Dragon Boat Races. This
temporary special local regulation will not have a significant economic
impact on a substantial number of small entities for the following
reasons. The regulated area 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.
3. Assistance for Small Entities
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,
above.
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.
4. 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).
5. 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 have
determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the
[[Page 24067]]
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.
7. 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 would not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. Protection of Children From Environmental Health Risks
We have analyzed this 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.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would 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.
12. Energy Effects
This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 made a
preliminary determination that this action is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. This rule involves safety for the
public and is not expected to result in any significant adverse
environmental impact as described in NEPA. This rule is categorically
excluded from further review under paragraph (34)(h) of figure 2-1 of
the Commandant Instruction. Therefore, 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.T08-0190 to read as follows:
Sec. 100.T08-0190 Special Local Regulation; Tuscaloosa Dragon Boat
Races; Black Warrior River; Tuscaloosa, AL.
(a) Location. The following area is a regulated area: a portion of
the Black Warrior River, from river mile 340.5 to river mile 341,
Tuscaloosa, AL.
(b) Effective dates. This rule will be effective and enforceable
with actual notice from 10:30 a.m. until 4:30 p.m. on April 27, 2013.
(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 the enforcement period for the regulated area as
well as any changes in the planned schedule.
Dated: April 4, 2013.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2013-09721 Filed 4-23-13; 8:45 am]
BILLING CODE 9110-04-P
