[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Rules and Regulations]
[Pages 54375-54377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22354]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0734]
RIN 1625-AA00


Safety Zone; Thunder on the Gulf, Gulf of Mexico, Orange Beach, 
AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
portion of the Gulf of Mexico for the waters off Orange Beach, Alabama. 
This action is necessary for the protection of crews, vessels, persons, 
and spectators on navigable waters during the Thunder on the Gulf high 
speed boat races. Entry into, transiting or anchoring in this zone is 
prohibited to all vessels, mariners, and persons unless specifically 
authorized by the Captain of the Port (COTP) Mobile or a designated 
representative.

DATES: This rule is effective from 10 a.m. October 6, 2011, until 4 
p.m. October 9, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0734 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0734 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays and 
U.S. Coast Guard Sector Mobile (spw), Building 102, Brookley Complex 
South Broad Street Mobile, AL 36615, between 8 a.m. and 3:30 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail LT Lenell J. Carson, Coast Guard Sector 
Mobile, Waterways Division; telephone 251-441-5940 or e-mail 
[email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because there is insufficient time to publish 
a NPRM. This recurring safety zone is included in a separate ongoing 
rulemaking project to update the list of recurring events and safety 
zones in the CFR. At this time, a NPRM could not be published without 
causing unnecessary delay for this year's occurrence of this event and 
need for a safety zone. Additionally, the Coast Guard received the 
application for a Marine Event Permit related to this event on July 19, 
2011, from the Gulf Coast Powerboat Association, noting their intention 
to hold their Thunder on the Gulf high speed boat races starting on 
October 6, 2011. Publishing a NPRM is impracticable because it would 
unnecessarily delay the required safety zone's 2011 effective date. The 
safety zone is needed to protect persons and vessels from safety 
hazards associated with a high speed boat race and will be enforced 
with actual notice for short periods of time during the four day event.

Basis and Purpose

    The Gulf Coast Powerboat Association applied for a Marine Event 
Permit to conduct a high speed boat race on the Gulf of Mexico, south 
of Orange Beach, Alabama to occur from October 6, 2011 through October 
9, 2011. This event will draw in a large number of pleasure crafts and 
the high speed boats pose a significant safety hazard to both vessels 
and mariners operating in or near the area. The COTP Mobile is 
establishing a temporary safety zone for a portion of the Gulf of 
Mexico, Orange Beach, Alabama to protect persons and vessels during the 
high speed boat races.
    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.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone for a 
portion of the Gulf of Mexico for the waters off Orange Beach, Alabama, 
enclosed by a box starting at a point on the shore at approximately 
30[deg]15[min]39[sec] N, 087[deg]36[min]42[sec]

[[Page 54376]]

W, then south to 30[deg]14[min]54[sec] N, 087[deg]36[min]42[sec] W, 
then east, roughly parallel to the shore line to 30[deg]15[min]22[sec] 
N, 087[deg]33[min]31[sec] W, then north to a point on the shore at 
approximately 30[deg]16[min]13[sec] N, 087[deg]33[min]31[sec] W. This 
temporary safety zone will protect the safety of life and property in 
this area. Entry into, transiting or anchoring 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 of changes in the effective 
period and enforcement times for the safety zone. This rule is 
effective from 10 a.m. October 6, 2011, until 4 p.m. October 9, 2011.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, 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 that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that those Orders.
    The temporary safety zone will restrict vessel traffic from 
entering, transiting or anchoring in a small portion of the Gulf of 
Mexico, south of Orange Beach, Alabama for short periods of time during 
the four day event. 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) 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 affected area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in affected portions of the Gulf of Mexico, south of 
Orange Beach, Alabama during the high speed boat races. 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This calls for no new collection of information under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That

[[Page 54377]]

Significantly Affect Energy Supply, Distribution, or Use. We have 
determined that it is not a ``significant energy action'' under that 
order because it is not a ``significant regulatory action'' under 
Executive Order 12866 and is not likely to have a significant adverse 
effect on the supply, distribution, or use of energy. The Administrator 
of the Office of Information and Regulatory Affairs has not designated 
it as a significant energy action. Therefore, it does not require a 
Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves safety for the public 
and environment and is not expected to result in any significant 
adverse environmental impact as described in NEPA. An environmental 
analysis checklist and a categorical exclusion determination will be 
made available as directed under the ADDRESSES section.

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; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T08-0734 to read as follows:


Sec.  165.T08-0734  Safety Zone; Thunder on the Gulf, Gulf of Mexico, 
Orange Beach, AL.

    (a) Location. The following area is a safety zone: a portion of the 
Gulf of Mexico for the waters off Orange Beach, Alabama, enclosed by a 
box starting at a point on the shore at approximately 
30[deg]15[min]39[sec] N, 087[deg]36[min]42[sec] W, then south to 
30[deg]14[min]54[sec] N, 087[deg]36[min]42[sec] W, then east, roughly 
parallel to the shore line to 30[deg]15[min]22[sec] N, 
087[deg]33[min]31[sec] W, then north to a point on the shore at 
approximately 30[deg]16[min]13[sec] N, 087[deg]33[min]31[sec] W.
    (b) Enforcement dates. This rule will be enforced daily from 10 
a.m. until 4 p.m. on October 6, 2011 through October 9, 2011.
    (c) Regulations. (1) In accordance with the general regulations in 
33 CFR part 165, subpart C, entry into this zone is prohibited unless 
authorized by the Captain of the Port Mobile or a designated 
representative.
    (2) 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 or designated 
representative. Designated representatives include commissioned, 
warrant, and petty officers of the U.S. Coast Guard.
    (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 safety zone as 
well as any changes in the planned schedule.

    Dated: August 4, 2011.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2011-22354 Filed 8-31-11; 8:45 am]
BILLING CODE 9110-04-P