Special Local Regulation; Black Warrior River, Tuscaloosa, AL, 17751-17754 [2018-08463]
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Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Rules and Regulations
collection of information subject to the
requirements of the Paperwork
Reduction Act (PRA), unless that
collection of information displays a
current, valid Office of Management and
Budget (OMB) control number. This rule
contains a collection-of-information
subject to the requirements of the PRA
(44 U.S.C. 3501 et seq.) and that has
been approved under OMB control
number 0607–0152.
List of Subjects in 15 CFR Part 30
Economic statistics, Exports, Foreign
trade, Reporting and recordkeeping
requirements.
For the reasons set out in the
preamble, the Census Bureau amends 15
CFR part 30 as follows:
PART 30—FOREIGN TRADE
REGULATIONS
1. The authority citation for 15 CFR
part 30 continues to read as follows:
■
Authority: 5 U.S.C. 301; 13 U.S.C. 301–
307; Reorganization plan No. 5 of 1990 (3
CFR 1949–1953 Comp., p. 1004); Department
of Commerce Organization Order No. 35–2A,
July 22, 1987, as amended, and No. 35–2B,
December 20, 1996, as amended; Pub. L. 107–
228, 116 Stat. 1350.
2. Amend § 30.1(c) by adding
definitions for ‘‘Kimberley Process
Certificate (KPC)’’ and ‘‘Voided
Kimberley Process Certificate’’ in
alphabetical order to read as follows:
■
§ 30.1
Purpose and definitions.
*
*
*
*
*
(c) * * *
Kimberley Process Certificate (KPC). A
forgery resistant document used to
certify the origin of rough diamonds
from sources which are free of conflict.
*
*
*
*
*
Voided Kimberley Process Certificate.
A Kimberley Process Certificate
intended to be used for the exportation
of rough diamonds from the United
States that has been cancelled for
reasons such as loss or error.
*
*
*
*
*
■ 3. Amend § 30.4 by adding paragraph
(e) to read as follows:
§ 30.4 Electronic Export Information filing
procedures, deadlines, and certification
statements.
jstallworth on DSKBBY8HB2PROD with RULES
*
*
*
*
*
(e) Collection of KPCs and voided
KPCs. Any voided KPC must be faxed by
the voiding party to the Census Bureau
on (800) 457–7328, or provided by other
methods as permitted by the Census
Bureau, immediately upon voiding. The
collection of KPCs, including voided
KPCs, is performed pursuant to the
Clean Diamond Trade Act, Public Law
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14:18 Apr 23, 2018
Jkt 244001
108–19, 19 U.S.C. Section 3901 et seq.
(CDTA), and Executive Order 13312,
and not Title 13, U.S.C.
■ 4. Amend § 30.7 by revising paragraph
(c) to read as follows:
§ 30.7 Annotating the bill of lading, air
waybill, or other commercial loading
documents with proof of filing citations,
and exemption legends.
*
*
*
*
*
(c) Exports of rough diamonds
classified under HS subheadings
7102.10, 7102.21, and 7102.31 require
the proof of filing citation, as stated in
paragraph (b) of this section, to be
indicated on the Kimberley Process
Certificate (KPC). In addition, the KPC
must be faxed by the USPPI or U.S.
authorized agent to the Census Bureau
on (800) 457–7328, or provided by other
methods as permitted by the Census
Bureau, immediately after export of the
shipment from the United States.
■ 5. Amend § 30.50 by revising
paragraph (c) to read as follows:
§ 30.50 General requirements for filing
import entries.
*
*
*
*
*
(c) The Kimberley Process Certificate
(KPC) for all imports of rough diamonds
classified under HS subheadings
7102.10, 7102.21, 7102.31 must be faxed
by the importer or customs broker to the
Census Bureau on (800) 457–7328, or
provided by other methods as permitted
by the Census Bureau, immediately after
entry of the shipment in the United
States.
■ 6. Amend § 30.60 by adding a note to
read as follows:
§ 30.60 Confidentiality of Electronic Export
Information.
*
*
*
*
*
Note to § 30.60: Kimberley Process
Certificates (KPCs), including voided
KPCs, provided to the Census Bureau
pursuant to the Clean Diamond Trade
Act, Executive Order 13312, and this
part are not considered EEI and are not
confidential under Title 13. KPCs and
voided KPCs may be protected from
public disclosure by the Privacy Act or
other applicable nondisclosure statutes.
■ 7. Amend § 30.70 by revising the
introductory text to read as follows:
§ 30.70 Violation of the Clean Diamond
Trade Act.
Section 8(c) of the Clean Diamond
Trade Act (CDTA) authorizes U.S.
Customs and Border Protection (CBP)
and U.S. Immigration and Customs
Enforcement (ICE) to enforce the laws
and regulations governing exports of
rough diamonds. The Treasury
Department’s Office of Foreign Assets
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17751
Control (OFAC) also has enforcement
authority pursuant to section 5(a) of the
CDTA, Executive Order 13312, and
Rough Diamonds Control Regulations
(31 CFR part 592). CBP, ICE, and OFAC
are authorized to enforce provisions of
the CDTA providing the following civil
and criminal penalties:
*
*
*
*
*
Dated: April 17, 2018.
Ron S. Jarmin,
Associate Director for Economic Programs,
performing the non-exclusive functions and
duties of the Director, Bureau of the Census.
[FR Doc. 2018–08518 Filed 4–23–18; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–0014]
RIN 1625–AA08
Special Local Regulation; Black
Warrior River, Tuscaloosa, AL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation on the Black Warrior River,
extending the entire width of the river,
from mile marker (MM) 338.5 to MM
339.5 in Tuscaloosa, AL. This special
local regulation is necessary to protect
the persons participating in the USA
Triathlon Collegiate National
Championships marine event. This
regulation restricts transit into, through,
and within the regulated area unless
specifically authorized by the Captain of
the Port Sector Mobile (COTP) or a
designated representative.
DATES: This rule is effective from 4 a.m.
on April 27, 2018 through 6 p.m. on
April 28, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0014 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LT Kyle D. Berry, Sector Mobile,
Waterways Management Division, U.S.
Coast Guard; telephone 251–441–5940,
email Kyle.D.Berry@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Rules and Regulations
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Mobile
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On November 31, 2017, the sponsor
for the USA Triathlon Collegiate
National Championships marine event
submitted an application for a marine
event permit for the event from 4 a.m.
on April 27, 2018 through 6 p.m. on
April 28, 2018. In response, on March
2, 2018, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled Special Local Regulation; Black
Warrior River, Tuscaloosa, AL (83 FR
8955). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to this triathlon event. During the
comment period that ended April 2,
2018, we received one comment.
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 because it is impracticable and
contrary to the public interest. Delaying
the effective date of this rule would
delay the safety measures necessary to
respond to potential safety hazards
associated with this triathlon event.
Immediate action is needed to protect
participants, spectators, and other
persons and vessels during the triathlon
event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
Captain of the Port Sector Mobile
(COTP) has determined that potential
hazards associated with the triathlon
event on April 27, 2018 and April 28,
2018 will be a safety concern for anyone
within the area of the Black Warrior
River between mile markers (MMs)
338.5 and 339.5. The purpose of this
rule is to protect participants,
spectators, and other persons and
vessels before, during, and after the
Triathlon event.
jstallworth on DSKBBY8HB2PROD with RULES
IV. Discussion of the Rule
As noted above, we received one
comment on our NPRM published
March 2, 2018. The comment received
was unrelated to the subject matter of
this rulemaking. However, the
regulatory text has been changed from
the proposed rule in the NPRM to
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include specific times for daily
enforcement during the effective period.
This rule establishes a special local
regulation on April 27, 2018 and April
28, 2018, which will be enforced
between the hours of 4 a.m. and 6 p.m.
daily. The regulated area will cover all
navigable waters of the Black Warrior
River between MMs 338.5 and 339.5,
extending the entire width of the
navigable channel. The duration of the
regulation is intended to protect
participants, spectators, and other
persons and vessels before, during, and
after the triathlon event. No vessel or
person will be permitted to enter, transit
within or through, or exit the regulated
area without obtaining permission from
the COTP or a designated
representative. A designated
representative may be a Patrol
Commander (PATCOM). The PATCOM
may be aboard either a Coast Guard or
Coast Guard Auxiliary vessel. The Patrol
Commander may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’.
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 (COTP)
Mobile to patrol the regulated area.
Spectator vessels desiring to enter,
transit through or within, or exit the
regulated area may do so only with
permission from the Patrol Commander,
and when permitted, must operate at a
minimum safe navigation speed in a
manner which will not endanger
participants in the regulated area or any
other vessels. No spectator vessel shall
anchor, block, loiter, or impede the
through transit of participants or official
patrol vessels in the regulated area
during the effective dates and times,
unless cleared for entry by or through an
official patrol vessel. Any spectator
vessel may anchor outside the regulated
area, but may not anchor in, block, or
loiter in a navigable channel. Spectator
vessels may be moored to a waterfront
facility within the regulated area in such
a way that they shall not interfere with
the progress of the event. Such mooring
must be complete at least 30 minutes
prior to the establishment of the
regulated area and remain moored
through the duration of the event.
The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
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so may result in expulsion from the
area, citation for failure to comply, or
both.
The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property. The COTP
or a designated representative would
terminate enforcement of the special
local regulations at the conclusion of the
event.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the regulation. The
special local regulation will take place
on a one-mile stretch of navigable
waterway, during a short duration of
eleven hours on two days on the Black
Warrior River from mile marker 338.5 to
339.5 on April 27, 2018 and April 28,
2018. Moreover, the Coast Guard will
issue Broadcast Notices to Mariners
(BNMs) via VHF–FM marine channel 16
about the regulation so that waterway
users may plan accordingly for transits
during this restriction. The rule also
allows vessels to seek permission from
the COTP or a designated representative
to enter the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
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Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Rules and Regulations
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the regulated
area may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
jstallworth on DSKBBY8HB2PROD with RULES
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
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14:18 Apr 23, 2018
Jkt 244001
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
special local regulation on the Black
Warrior River, extending the entire
width of the river, from MM 338.5 to
MM 339.5. It is categorically excluded
from further review under paragraph
L61 of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration (REC) supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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17753
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233; 33 CFR 1.05–1.
2. Add § 100.35T08–0014 to read as
follows:
■
§ 100.35T08–0014 Special Local
Regulation; Black Warrior River,
Tuscaloosa, AL.
(a) Regulated area. All navigable
waters of the Black Warrior River
between mile markers 338.5 and 339.5
in Tuscaloosa, AL.
(b) Effective period. This section is
effective from 4 a.m. on April 27, 2018
through 6 p.m. on April 28, 2018.
(c) Enforcement periods. This section
will be enforced from 4 a.m. through 6
p.m. daily from April 27, 2018 through
April 28, 2018.
(d) Special local regulations. (1) In
accordance with the general regulations
in § 100.801, entry into, transit within or
through, or exit from this area is
prohibited unless authorized by the
Captain of the Port Sector Mobile
(COTP) or a designated representative.
A designated representative may be a
Patrol Commander (PATCOM). The
PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The Patrol Commander may be
contacted on Channel 16 VHF–FM
(156.8 MHz) by the call sign
‘‘PATCOM’’.
(2) All persons and vessels not
registered with the 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
(COTP) 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 will be operated at a
minimum safe navigation speed in a
manner which will not endanger
participants in the regulated area or any
other vessels.
(4) No spectator vessel shall anchor,
block, loiter, or impede the through
transit of participants or official patrol
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Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Rules and Regulations
vessels in the regulated area during the
effective dates and times, unless cleared
for entry by or through an official patrol
vessel.
(5) Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel. Spectator vessels may be
moored to a waterfront facility within
the regulated area in such a way that
they shall not interfere with the progress
of the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the regulated area and
remain moored through the duration of
the event.
(6) The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
(7) The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property.
(8) The COTP or a designated
representative will terminate
enforcement of the special local
regulations at the conclusion of the
event.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public through
Broadcast Notices to Mariners of the
enforcement period for the temporary
safety zone as well as any changes in the
planned schedule.
Dated: April 17, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the
Port Sector Mobile.
[FR Doc. 2018–08463 Filed 4–23–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0083]
jstallworth on DSKBBY8HB2PROD with RULES
RIN 1625–AA00
Safety Zone; Mississippi Sound, Biloxi,
MS
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
SUMMARY:
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14:18 Apr 23, 2018
Jkt 244001
certain navigable waters on the
Mississippi Sound over the Biloxi
Harbor Channel in Biloxi, MS. This
action is necessary to provide for the
safety of life and property on these
navigable waters during the 2018 Biloxi
Air Show. This regulation prohibits
persons and vessels from entering the
safety zone unless authorized by the
Captain of the Port Sector Mobile
(COTP) or a designated representative.
DATES: This rule is effective from 9 a.m.
on July 19, 2018 through 5 p.m. on July
22, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0083 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Kyle D. Berry, Sector
Mobile, Waterways Management
Division, U.S. Coast Guard; telephone
251–441–5940, email Kyle.D.Berry@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Mobile
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On January 3, 2018, the sponsor for
the 2018 Biloxi Air Show submitted an
application for a marine event permit
for the air show that will take place
every day from 9 a.m. through 5 p.m.
from July 19, 2018 through July 22,
2018. In response, on March 9, 2018, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone; Mississippi Sound, Biloxi,
MS (83 FR 10419). There we stated why
we issued the NPRM, and invited
comments on our proposed regulatory
action related to this air show. During
the comment period that ended April 9,
2018, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Sector Mobile
(COTP) has determined that potential
hazards associated with the air show on
July 19, 2018 and July 22, 2018 will be
a safety concern for any vessels or
persons in the vicinity of waters of the
navigable waters on the Mississippi
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Sound over the Biloxi Harbor Channel
in Biloxi, MS. The purpose of this rule
is to ensure the safety of vessels and
persons before, during, and after the air
show.
IV. Discussion of the Rule
As noted above, we received no
comments on our NPRM published on
March 9, 2018. There are no changes in
the regulatory text of this rule from the
NPRM.
This rule establishes a temporary
safety zone on the Mississippi Sound
within the positions of 30°23′22.6″ N
88°50′54.9″ W; 30°23′25.5″ N
88°53′12.1″ W; 30°22′52.3″ N
88°50′55.8″ W; 30°22′56.3″ N
88°53′11.9″ W over the Biloxi Harbor
Channel in Biloxi, MS from 9 a.m.
through 5 p.m. on July 19, 2018 through
July 22, 2018. This rule is intended to
ensure the safety of vessels and persons
before, during, and after the 2018 Biloxi
Air Show. No vessel or person is
permitted to enter the zone without
obtaining permission from the COTP or
a designated representative. A
designated representative may be a
Patrol Commander (PATCOM). The
PATCOM maybe aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The PATCOM may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’. 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
COTP to patrol the zone.
Spectator vessels desiring to transit
the zone may do so only with prior
approval of the PATCOM and when so
directed by that officer shall be operated
at a minimum safe navigation speed in
a manner that will not endanger any
other vessels. No spectator vessel shall
anchor, block, loiter, or impede the
through transit of official patrol vessels
in the zone during the effective dates
and times, unless cleared for entry by or
through an official patrol vessel. Any
spectator vessel may anchor outside the
zone, but may not anchor in, block, or
loiter in a navigable channel. Spectator
vessels may be moored to a waterfront
facility within the zone in such a way
that they shall not interfere with the
progress of the air show. Such mooring
must be complete at least 30 minutes
prior to the establishment of the zone
and remain moored through the
duration of the air show.
The COTP or a designated
representative may forbid and control
the movement of all vessels in the zone.
E:\FR\FM\24APR1.SGM
24APR1
]]>Agencies
[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Rules and Regulations]
[Pages 17751-17754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08463]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0014]
RIN 1625-AA08
Special Local Regulation; Black Warrior River, Tuscaloosa, AL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation on the Black Warrior River, extending the entire width of
the river, from mile marker (MM) 338.5 to MM 339.5 in Tuscaloosa, AL.
This special local regulation is necessary to protect the persons
participating in the USA Triathlon Collegiate National Championships
marine event. This regulation restricts transit into, through, and
within the regulated area unless specifically authorized by the Captain
of the Port Sector Mobile (COTP) or a designated representative.
DATES: This rule is effective from 4 a.m. on April 27, 2018 through 6
p.m. on April 28, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0014 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Kyle D. Berry, Sector Mobile, Waterways Management
Division, U.S. Coast Guard; telephone 251-441-5940, email
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 17752]]
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Mobile
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On November 31, 2017, the sponsor for the USA Triathlon Collegiate
National Championships marine event submitted an application for a
marine event permit for the event from 4 a.m. on April 27, 2018 through
6 p.m. on April 28, 2018. In response, on March 2, 2018, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled Special
Local Regulation; Black Warrior River, Tuscaloosa, AL (83 FR 8955).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this triathlon event. During the
comment period that ended April 2, 2018, we received one comment.
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 because it is impracticable and
contrary to the public interest. Delaying the effective date of this
rule would delay the safety measures necessary to respond to potential
safety hazards associated with this triathlon event. Immediate action
is needed to protect participants, spectators, and other persons and
vessels during the triathlon event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Sector Mobile (COTP) has determined that
potential hazards associated with the triathlon event on April 27, 2018
and April 28, 2018 will be a safety concern for anyone within the area
of the Black Warrior River between mile markers (MMs) 338.5 and 339.5.
The purpose of this rule is to protect participants, spectators, and
other persons and vessels before, during, and after the Triathlon
event.
IV. Discussion of the Rule
As noted above, we received one comment on our NPRM published March
2, 2018. The comment received was unrelated to the subject matter of
this rulemaking. However, the regulatory text has been changed from the
proposed rule in the NPRM to include specific times for daily
enforcement during the effective period.
This rule establishes a special local regulation on April 27, 2018
and April 28, 2018, which will be enforced between the hours of 4 a.m.
and 6 p.m. daily. The regulated area will cover all navigable waters of
the Black Warrior River between MMs 338.5 and 339.5, extending the
entire width of the navigable channel. The duration of the regulation
is intended to protect participants, spectators, and other persons and
vessels before, during, and after the triathlon event. No vessel or
person will be permitted to enter, transit within or through, or exit
the regulated area without obtaining permission from the COTP or a
designated representative. A designated representative may be a Patrol
Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or
Coast Guard Auxiliary vessel. The Patrol Commander may be contacted on
Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
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 (COTP) Mobile to patrol the regulated area.
Spectator vessels desiring to enter, transit through or within, or
exit the regulated area may do so only with permission from the Patrol
Commander, and when permitted, must operate at a minimum safe
navigation speed in a manner which will not endanger participants in
the regulated area or any other vessels. No spectator vessel shall
anchor, block, loiter, or impede the through transit of participants or
official patrol vessels in the regulated area during the effective
dates and times, unless cleared for entry by or through an official
patrol vessel. Any spectator vessel may anchor outside the regulated
area, but may not anchor in, block, or loiter in a navigable channel.
Spectator vessels may be moored to a waterfront facility within the
regulated area in such a way that they shall not interfere with the
progress of the event. Such mooring must be complete at least 30
minutes prior to the establishment of the regulated area and remain
moored through the duration of the event.
The COTP or a designated representative may forbid and control the
movement of all vessels in the regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall come to an immediate stop
and comply with the directions given. Failure to do so may result in
expulsion from the area, citation for failure to comply, or both.
The COTP or a designated representative may terminate the event or
the operation of any vessel at any time it is deemed necessary for the
protection of life or property. The COTP or a designated representative
would terminate enforcement of the special local regulations at the
conclusion of the event.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the regulation. The special
local regulation will take place on a one-mile stretch of navigable
waterway, during a short duration of eleven hours on two days on the
Black Warrior River from mile marker 338.5 to 339.5 on April 27, 2018
and April 28, 2018. Moreover, the Coast Guard will issue Broadcast
Notices to Mariners (BNMs) via VHF-FM marine channel 16 about the
regulation so that waterway users may plan accordingly for transits
during this restriction. The rule also allows vessels to seek
permission from the COTP or a designated representative to enter the
regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions
[[Page 17753]]
with populations of less than 50,000. The Coast Guard received no
comments from the Small Business Administration on this rulemaking. The
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a special local regulation on the Black Warrior River, extending the
entire width of the river, from MM 338.5 to MM 339.5. It is
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration (REC) supporting this
determination is available in the docket where indicated under
ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.
0
2. Add Sec. 100.35T08-0014 to read as follows:
Sec. 100.35T08-0014 Special Local Regulation; Black Warrior River,
Tuscaloosa, AL.
(a) Regulated area. All navigable waters of the Black Warrior River
between mile markers 338.5 and 339.5 in Tuscaloosa, AL.
(b) Effective period. This section is effective from 4 a.m. on
April 27, 2018 through 6 p.m. on April 28, 2018.
(c) Enforcement periods. This section will be enforced from 4 a.m.
through 6 p.m. daily from April 27, 2018 through April 28, 2018.
(d) Special local regulations. (1) In accordance with the general
regulations in Sec. 100.801, entry into, transit within or through, or
exit from this area is prohibited unless authorized by the Captain of
the Port Sector Mobile (COTP) or a designated representative. A
designated representative may be a Patrol Commander (PATCOM). The
PATCOM may be aboard either a Coast Guard or Coast Guard Auxiliary
vessel. The Patrol Commander may be contacted on Channel 16 VHF-FM
(156.8 MHz) by the call sign ``PATCOM''.
(2) All persons and vessels not registered with the 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 (COTP) 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 will be operated at a minimum safe navigation
speed in a manner which will not endanger participants in the regulated
area or any other vessels.
(4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol
[[Page 17754]]
vessels in the regulated area during the effective dates and times,
unless cleared for entry by or through an official patrol vessel.
(5) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
(6) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
(7) The COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property.
(8) The COTP or a designated representative will terminate
enforcement of the special local regulations at the conclusion of the
event.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners of the enforcement period for the temporary safety zone as
well as any changes in the planned schedule.
Dated: April 17, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-08463 Filed 4-23-18; 8:45 am]
BILLING CODE 9110-04-P
