Safety Zone; Tuscaloosa Regional Air Show; Black Warrior River; Tuscaloosa, AL, 13241-13244 [2015-05744]

Download as PDF 13241 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362. PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS Appendix B to Part 4044—Interest Rates Used to Value Benefits 5. In appendix B to part 4044, a new entry for April–June 2015, as set forth below, is added to the table. * ■ 4. The authority citation for part 4044 continues to read as follows: ■ * * * * The values of it are: For valuation dates occurring in the month— it * * * April–June 2015 ................................................................ Issued in Washington, DC, on this 6th day of March 2015. Judith Starr, General Counsel, Pension Benefit Guaranty Corporation. [FR Doc. 2015–05780 Filed 3–12–15; 8:45 am] BILLING CODE 7709–02–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2014–0966] Drawbridge Operation Regulation; Mokelumne River, East Isleton, CA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the California Department of Transportation highway drawbridge across the Mokelumne River, mile 3.0, at East Isleton, CA. The deviation is necessary to allow the bridge owner to perform structural repair work to the bridge. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period. DATES: This deviation is effective without actual notice from March 13, 2015 through 10 p.m. on May 29, 2015. For the purposes of enforcement, actual notice will be used from 5 a.m. on March 2, 2015, until March 13, 2015. ADDRESSES: The docket for this deviation, [USCG–2014–0966], is available at http://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 deviation. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:34 Mar 12, 2015 Jkt 235001 for t = it for t = 1–20 * 0.0278 >20 * 0.0271 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 deviation, call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510– 437–3516, email David.H.Sulouff@ uscg.mil. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: California Department of Transportation has requested a temporary change to the operation of the California Department of Transportation highway drawbridge across the Mokelumne River, mile 3.0, at East Isleton, CA. The drawbridge navigation span provides approximately 7 feet vertical clearance above Mean High Water in the closed-to-navigation position. In accordance with 33 CFR 117.175(a), the draw opens on signal from November 1 through April 30 from 9 a.m. to 5 p.m.; and from May 1 through October 31 from 6 a.m. to 10 p.m., except that during the following periods the draw need only open for recreational vessels on the hour, 20 minutes past the hour, and 40 minutes past the hour: Saturdays, 10 a.m. until 2 p.m.; Sundays, 11 a.m. until 6 p.m.; and Memorial Day, Fourth of July and Labor Day 11 a.m. until 6 p.m. At all other times the drawbridge shall open on signal if at least 4 hours notice is given. Navigation on the waterway is commercial and recreational. The drawspan will be secured in the closed-to-navigation position from 5 a.m. on March 2, 2015 to 10 p.m. on May 29, 2015, due to replacement of bridge deck and rehabilitation of the bridge control house. This temporary deviation has been coordinated with the waterway users. Caltrans work plan and dates have been tailored to produce the least possible impacts to waterway traffic, land traffic, businesses and potential flood response plans, while PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 it * for t = * N/A N/A allowing the work to be performed, to ensure dependable future operation of the drawbridge. Vessels able to pass through the drawbridge in the closed position may do so at any time. The drawbridge will not be able to open for emergencies. Alternative paths for recreational vessel traffic are available via Little Potato Slough and Georgiana Slough. Alternative paths for land traffic are also available. The Coast Guard will inform waterway users of this temporary deviation via our Local and Broadcast Notices to Mariners, to minimize resulting navigational impacts. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: February 27, 2015. D.H. Sulouff, District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2015–05745 Filed 3–12–15; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2015–0076] RIN 1625–AA00 Safety Zone; Tuscaloosa Regional Air Show; Black Warrior River; Tuscaloosa, AL Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone encompassing the waters of the Black Warrior River in Tuscaloosa, AL. This action is necessary for the safeguard of participants and spectators, including all crews, vessels, and persons on SUMMARY: E:\FR\FM\13MRR1.SGM 13MRR1 13242 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations navigable waters during the Tuscaloosa Regional Air Show. Entry into or transiting in this zone is prohibited to all vessels, mariners, and persons unless specifically authorized by the Captain of the Port Mobile or a designated representative. DATES: This rule is effective on March 26–29, 2015, from 11:30 a.m. until 5 p.m. each day. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2015–0076. To view documents mentioned in this preamble as being available in the docket, go to http:// 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 Stanley A. Tarrant, Sector Mobile, Waterways Management Division, U.S. Coast Guard; telephone 251–441–5940, email Stanley.A.Tarrant@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms tkelley on DSK3SPTVN1PROD with RULES APA Administrative Procedures Act BNM Broadcast Notice to Mariners COTP Captain of the Port DHS Department of Homeland Security FAA Federal Aviation Administration FR Federal Register LNM Local Notice to Mariners NEPA National Environmental Policy Act NPRM Notice of Proposed Rulemaking 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)(3)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the Coast Guard did not receive the VerDate Sep<11>2014 16:34 Mar 12, 2015 Jkt 235001 necessary information from The City of Tuscaloosa of their intentions to conduct an air show on March 26–29, 2015 over a portion of the Black Warrior River, in Tuscaloosa, AL until January 29, 2015. The City of Tuscaloosa informed Coast Guard Sector Mobile that a Federal Aviation Administration (FAA) rule prohibits all vessel traffic and persons within the exclusion area where the air craft will be flying overhead and therefore, requested a safety zone to keep all vessels out of the exclusion area that crosses over the Black Warrior River. As a result, the Coast Guard did not have sufficient time to publish an NPRM and to receive public comments prior to the event. Any delay in the effective date of this rule would be contrary to public interest because immediate action is needed to protect persons and vessels from the safety hazards associated with the planned event. Additionally, delaying the safety zone for the NPRM process would unnecessarily interfere with the Tuscaloosa Regional Air Show flight schedule, compliance with federal regulations enforced by the FAA, and potential contractual obligations. 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. B. Basis and Purpose The legal basis and authorities for this rule are found in 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1, 1 which collectively authorize the Coast Guard to propose, establish, and define regulatory safety zones. The City of Tuscaloosa plans to conduct an air show for the public, over a portion of the Black Warrior River in Tuscaloosa, AL on March, 26–29, 2015 between the hours of 11:30 a.m. and 5 p.m. each day. The hazards associated with the air show poses safety hazards to both vessels and mariners while airplanes fly over the Black Warrior River, in Tuscaloosa, AL. The (Captain of the Port) COTP Mobile is establishing a temporary safety zone encompassing the waters of the Black Warrior River between Mile Marker (MM) 335.8 to MM 336.3, in Tuscaloosa, AL, to protect persons and vessels, during the air show. The COTP anticipates minimal impact on vessel traffic due to this regulation. However, this safety zone is deemed necessary for the protection of life and property within the COTP Mobile zone. PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 C. Discussion of the Final Rule The Coast Guard is establishing a temporary safety zone encompassing the waters of the Black Warrior River between MM 335.8 to MM 336.3, in Tuscaloosa, AL. This temporary rule will protect the safety of life and property in this area. Entry into or transiting in this zone is prohibited to all vessels, mariners, and persons unless specifically authorized by the COTP Mobile or a designated representative. The COTP may be contacted by telephone at 251–441–5976. The COTP Mobile or a designated representative will inform the public through broadcast notice to mariners (BNM) of changes in the effective period for the safety zone. This rule will be enforced from March 26–29, 2015 at 11:30 a.m. until 5 p.m. each day. BNMs will be used to inform waterway users of the exact enforcement times and any changes in this safety zone or its enforcement prior to the Tuscaloosa Regional Air Show. 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 safety zone listed in this rule will restrict vessel traffic from entering or transiting in a small portion of the Black Warrior River, in 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 safety zone; and (3) impacts on routine navigation are expected to be minimal. Notifications to the marine community will be made through BNMs. These notifications will allow the public to plan operations around the affected area. 2. Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, E:\FR\FM\13MRR1.SGM 13MRR1 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 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 in the affected portions of the Black Warrior River during the Tuscaloosa Regional Air Show. This safety zone 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 zone. tkelley on DSK3SPTVN1PROD with RULES 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). VerDate Sep<11>2014 16:34 Mar 12, 2015 Jkt 235001 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 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 will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will 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 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. 11. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 13243 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. 12. 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. 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 determined that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone on a waterway during the Tuscaloosa Regional Air Show and is not expected to result in any significant adverse environmental impact as described in NEPA. This rule is categorically excluded from further review under paragraph (34)(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a categorical exclusion determination will be made available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR PART 165 as follows: PART 165–-REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; E:\FR\FM\13MRR1.SGM 13MRR1 13244 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T08–0076 to read as follows: ■ § 165.T08–0076 Safety Zone; Tuscaloosa Regional Air Show; Black Warrior River; Tuscaloosa, AL. (a) Location. The following area is a safety zone: all waters encompassing the waters of the Black Warrior River between MM 335.8 to MM 336.3, in Tuscaloosa, AL. (b) Effective dates and enforcement period. This rule is effective on March 26–29, 2015, from 11:30 a.m. until 5:00 p.m. each day. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless authorized by the Captain of the Port Mobile or a designated representative. (2) Persons or vessels desiring to enter into or passage through the zone must request permission from the Captain of the Port Mobile or a designated representative. They may be contacted on VHF–FM channels 16 or by telephone at 251–441–5976. (3) If permission is granted, all persons and vessels shall comply with the instructions of the Captain of the Port Mobile or designated representative. (d) Informational broadcasts. The Captain of the Port Mobile or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the safety zone as well as any changes in the safety zone or the planned schedule. Dated: February 2, 2015. S. Walker, Captain, U.S. Coast Guard, Captain of the Port Mobile. [FR Doc. 2015–05744 Filed 3–12–15; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR PART 165 [Docket No. USCG–2015–0130] tkelley on DSK3SPTVN1PROD with RULES RIN 1625–AA00 Safety Zone; St. Patrick’s Day Fireworks, Manitowoc River, Manitowoc, Wisconsin Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a safety zone on the SUMMARY: VerDate Sep<11>2014 16:34 Mar 12, 2015 Jkt 235001 Manitowoc River in Manitowoc, Wisconsin. This safety zone is intended to restrict vessels from a portion of the Manitowoc River due to a fireworks display. This safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the fireworks display. DATES: This rule is effective and will be enforced from 6 p.m. until 8:30 p.m. on March 13, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2015–0130. To view documents mentioned in this preamble as being available in the docket, go to http:// 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 rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard Sector Lake Michigan, at 414–747–7148 or Joseph.P.McCollum@ uscg.mil. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 1–800–647–5527. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Regulatory History and Information On December 24, 2014, the Coast Guard published an NPRM in the Federal Register which listed safety zones corresponding to annual marine events in the Sector Lake Michigan zone (79 FR 77415). This NPRM included the safety zone for the St. Patrick’s Day Fireworks in Manitowoc, WI (the subject of this TFR). After the 30 day comment period for the NPRM closed, the Coast Guard published a corresponding Final Rule on February 18, 2015 (80 FR 8536). Because the Manitowoc St. Patrick’s Day Fireworks would occur within 30 days of the Final Rule’s publication, the Coast Guard finds that good cause exists under 5 U.S.C. 553(d)(3), for making this rule effective less than 30 days after publication in the Federal Register. Waiting for a 30 day notice period to run would be impracticable, unnecessary, and contrary to the public PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 interest because it would inhibit the Coast Guard’s ability to protect vessels from the hazards associated with the Manitowoc St. Patrick’s Day Fireworks on March 13, 2015, which are discussed further below. B. Basis and Purpose The legal basis for this rule is the Coast Guard’s authority to establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05–1, 160.5; Department of Homeland Security Delegation No. 0170.1. On March 13, 2015, the City of Manitowoc is expected to hold its annual St. Patrick’s Day fireworks display. This fireworks display will be launched from the shore of the Manitowoc River. The Captain of the Port Lake Michigan has determined that this fireworks display will pose a significant risk to public safety and property. Such hazards include falling and/or flaming debris. C. Discussion of the Final Rule With the aforementioned hazards in mind, the Captain of the Port Lake Michigan has determined that this safety zone is necessary to ensure the safety of persons and vessels during the fireworks display on the shore of the Manitowoc River. This zone is effective and will be enforced from 6 p.m. until 8:30 p.m. on March 13, 2015. The safety zone will encompass all waters of the Manitowoc River within a 200 foot radius of an approximate launch position at 44°05.492′ N, 087°39.332′ W (NAD 83). Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or her designated on-scene representative. The Captain of the Port or her designated on-scene representative may be contacted via VHF Channel 16. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and 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 E:\FR\FM\13MRR1.SGM 13MRR1

Agencies

[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Rules and Regulations]
[Pages 13241-13244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05744]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0076]
RIN 1625-AA00


Safety Zone; Tuscaloosa Regional Air Show; 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 safety zone 
encompassing the waters of the Black Warrior River in Tuscaloosa, AL. 
This action is necessary for the safeguard of participants and 
spectators, including all crews, vessels, and persons on

[[Page 13242]]

navigable waters during the Tuscaloosa Regional Air Show. Entry into or 
transiting in this zone is prohibited to all vessels, mariners, and 
persons unless specifically authorized by the Captain of the Port 
Mobile or a designated representative.

DATES: This rule is effective on March 26-29, 2015, from 11:30 a.m. 
until 5 p.m. each day.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0076. To view documents mentioned in this preamble as being 
available in the docket, go to http://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 Stanley A. Tarrant, Sector Mobile, 
Waterways Management Division, U.S. Coast Guard; telephone 251-441-
5940, email Stanley.A.Tarrant@uscg.mil. If you have questions on 
viewing or submitting material to the docket, call Cheryl F. Collins, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FAA Federal Aviation Administration
FR Federal Register
LNM Local Notice to Mariners
NEPA National Environmental Policy Act
NPRM Notice of Proposed Rulemaking

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)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because the Coast Guard did not 
receive the necessary information from The City of Tuscaloosa of their 
intentions to conduct an air show on March 26-29, 2015 over a portion 
of the Black Warrior River, in Tuscaloosa, AL until January 29, 2015. 
The City of Tuscaloosa informed Coast Guard Sector Mobile that a 
Federal Aviation Administration (FAA) rule prohibits all vessel traffic 
and persons within the exclusion area where the air craft will be 
flying overhead and therefore, requested a safety zone to keep all 
vessels out of the exclusion area that crosses over the Black Warrior 
River. As a result, the Coast Guard did not have sufficient time to 
publish an NPRM and to receive public comments prior to the event. Any 
delay in the effective date of this rule would be contrary to public 
interest because immediate action is needed to protect persons and 
vessels from the safety hazards associated with the planned event. 
Additionally, delaying the safety zone for the NPRM process would 
unnecessarily interfere with the Tuscaloosa Regional Air Show flight 
schedule, compliance with federal regulations enforced by the FAA, and 
potential contractual obligations.
    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.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1, 1 which 
collectively authorize the Coast Guard to propose, establish, and 
define regulatory safety zones.
    The City of Tuscaloosa plans to conduct an air show for the public, 
over a portion of the Black Warrior River in Tuscaloosa, AL on March, 
26-29, 2015 between the hours of 11:30 a.m. and 5 p.m. each day.
    The hazards associated with the air show poses safety hazards to 
both vessels and mariners while airplanes fly over the Black Warrior 
River, in Tuscaloosa, AL. The (Captain of the Port) COTP Mobile is 
establishing a temporary safety zone encompassing the waters of the 
Black Warrior River between Mile Marker (MM) 335.8 to MM 336.3, in 
Tuscaloosa, AL, to protect persons and vessels, during the air show.
    The COTP anticipates minimal impact on vessel traffic due to this 
regulation. However, this safety zone is deemed necessary for the 
protection of life and property within the COTP Mobile zone.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone 
encompassing the waters of the Black Warrior River between MM 335.8 to 
MM 336.3, in Tuscaloosa, AL. This temporary rule will protect the 
safety of life and property in this area. Entry into or transiting in 
this zone is prohibited to all vessels, mariners, and persons unless 
specifically authorized by the COTP Mobile or a designated 
representative. The COTP may be contacted by telephone at 251-441-5976.
    The COTP Mobile or a designated representative will inform the 
public through broadcast notice to mariners (BNM) of changes in the 
effective period for the safety zone. This rule will be enforced from 
March 26-29, 2015 at 11:30 a.m. until 5 p.m. each day.
    BNMs will be used to inform waterway users of the exact enforcement 
times and any changes in this safety zone or its enforcement prior to 
the Tuscaloosa Regional Air Show.

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 safety zone listed in this rule will restrict vessel traffic 
from entering or transiting in a small portion of the Black Warrior 
River, in 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 safety zone; and (3) impacts on routine 
navigation are expected to be minimal. Notifications to the marine 
community will be made through BNMs. These notifications will allow the 
public to plan operations around the affected area.

2. Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended,

[[Page 13243]]

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 in the affected portions of the Black Warrior 
River during the Tuscaloosa Regional Air Show. This safety zone 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 
zone.

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 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 will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This rule will 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

    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.

11. 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.

12. 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.

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 determined 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves a safety zone on a waterway during the 
Tuscaloosa Regional Air Show and is not expected to result in any 
significant adverse environmental impact as described in NEPA. This 
rule is categorically excluded from further review under paragraph 
(34)(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a categorical 
exclusion determination will be made available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

List of Subjects 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR PART 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5;

[[Page 13244]]

Department of Homeland Security Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T08-0076 to read as follows:


Sec.  165.T08-0076  Safety Zone; Tuscaloosa Regional Air Show; Black 
Warrior River; Tuscaloosa, AL.

    (a) Location. The following area is a safety zone: all waters 
encompassing the waters of the Black Warrior River between MM 335.8 to 
MM 336.3, in Tuscaloosa, AL.
    (b) Effective dates and enforcement period. This rule is effective 
on March 26-29, 2015, from 11:30 a.m. until 5:00 p.m. each day.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Mobile or a designated 
representative.
    (2) Persons or vessels desiring to enter into or passage through 
the zone must request permission from the Captain of the Port Mobile or 
a designated representative. They may be contacted on VHF-FM channels 
16 or by telephone at 251-441-5976.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the Captain of the Port Mobile or designated 
representative.
    (d) Informational broadcasts. The Captain of the Port Mobile or a 
designated representative will inform the public through broadcast 
notices to mariners of the enforcement period for the safety zone as 
well as any changes in the safety zone or the planned schedule.

    Dated: February 2, 2015.
S. Walker,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2015-05744 Filed 3-12-15; 8:45 am]
 BILLING CODE 9110-04-P