[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Rules and Regulations]
[Pages 23125-23128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9375]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0218]
RIN 1625-AA08


Special Local Regulation; Tuscaloosa Dragon Boat Race; Black 
Warrior River; Tuscaloosa, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for a portion of the Black Warrior River, from mile 340.5 to 
mile 341.0, Tuscaloosa, AL. This action is necessary for the safeguard 
of participants and spectators, including all crews, vessels, and 
persons on navigable waters during the Jr. League of Tuscaloosa Dragon 
Boat Races. Entry into, transiting or anchoring in this area is 
prohibited to all vessels not registered with the sponsor as 
participants or not part of the regatta patrol, unless specifically 
authorized by the Captain of the Port (COTP) Mobile or a designated 
representative.

DATES: This rule is effective and enforceable with actual notice from 
11 a.m. until 4 p.m. on April 28, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0218 and are available online 
by going to http://www.regulations.gov, inserting USCG-2012-0218 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays and 
U.S. Coast Guard Sector Mobile (spw), Building 102, Brookley Complex 
South Broad Street Mobile, AL 36615, between 8 a.m. and 3:30 p.m., 
Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

[[Page 23126]]

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because there is insufficient time to publish 
a NPRM. The Coast Guard received an application for a Marine Event 
Permit on March 2, 2012 from the Junior League of Tuscaloosa to conduct 
their event on April 28, 2012. After reviewing the details of the event 
and the permit application, the Coast Guard determined that a special 
local regulation is needed and delaying or foregoing this safety 
measure would be contrary to the public interest. The special local 
regulation is needed to safeguard persons and vessels from safety 
hazards associated with the Jr. League of Tuscaloosa Dragon Boat Races. 
This event is advertised as scheduled and participants, sponsors and 
spectators have planned for the event. It would be impracticable and 
unnecessary to reschedule the planned and advertised event in order to 
complete the NPRM process.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days notice before the effective date after publication in the 
Federal Register. The Coast Guard received an application for a Marine 
Event Permit on March 2, 2012 from the Junior League of Tuscaloosa to 
conduct their event on April 28, 2012. Delaying the effective date 
would be impracticable and would unnecessarily delay the event. 
Immediate action is needed to protect persons and vessels from safety 
hazards associated with the Jr. League of Tuscaloosa Dragon Boat Races.

Basis and Purpose

    The Junior League of Tuscaloosa is sponsoring a Dragon Boat Race on 
the Black Warrior River. The introduction of Dragon Boats into a 
commercially transited river system poses significant safety hazards to 
both the Dragon Boat racers and the commercial vessels. The COTP Mobile 
is establishing a temporary special local regulation for a portion of 
the Black Warrior River, Tuscaloosa, AL, to safeguard persons and 
vessels during the Dragon Boat races.
    The COTP anticipates minimal impact on vessel traffic due to this 
regulation. However, this special local regulation is deemed necessary 
to safeguard life and property within the COTP Mobile zone.

Discussion of Rule

    The Coast Guard is establishing a temporary special local 
regulation for a portion of the Black Warrior River from mile 340.5 to 
mile 341.0, Tuscaloosa, AL. This temporary rule will safeguard life and 
property in this area. Entry into, transiting or anchoring in this zone 
is prohibited to all vessels not registered with the sponsor as 
participants or not part of the regatta patrol, unless specifically 
authorized by the COTP Mobile or a designated representative. They may 
be contacted on VHF-FM Channel 16 or through Coast Guard Sector Mobile 
at 251-441-5976.
    The COTP Mobile or a designated representative will inform the 
public through broadcast notice to mariners of changes in the effective 
period for the special local regulation. This rule is effective from 11 
a.m. until 4 p.m. on April 28, 2012.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    The special local regulation listed in this rule will only restrict 
vessel traffic from entering, transiting, or anchoring within a small 
portion of the Black Warrior River, Tuscaloosa, AL. The effect of this 
regulation will not be significant for several reasons: (1) This rule 
will only affect vessel traffic for a short duration; (2) vessels may 
request permission from the COTP to transit through the regulated area; 
and (3) the impacts on routine navigation are expected to be minimal. 
Notifications to the marine community will be made through broadcast 
notice to mariners. These notifications will allow the public to plan 
operations around the regulated area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in affected portions of the Black Warrior River, 
Tuscaloosa, AL during the Dragon Boat Races. This special local 
regulation will not have a significant economic impact on a substantial 
number of small entities for the following reasons. The zone is limited 
in size, is of short duration and vessel traffic may request permission 
from the COTP Mobile or a designated representative to enter or transit 
through the regulated area.

Assistance for Small Entities

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

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132,

[[Page 23127]]

Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(h), of the Instruction. This rule involves establishing a special 
local regulation, requiring a permit wherein an analysis of the 
environmental impact of the regulations was performed. Under figure 2-
1, paragraph (34)(h), of the Instruction, an environmental analysis 
checklist and a categorical exclusion determination are not required 
for this rule.

List of Subjects 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


0
2. Add Sec.  100.35T08-0218 to read as follows:


Sec.  100.35T08-0218  Special Local Regulation; Black Warrior River; 
Tuscaloosa, AL.

    (a) Regulated Area. The following area is a regulated area: A 
portion of the Black Warrior River, from mile 340.5 to mile 341, 
Tuscaloosa, AL.
    (b) Enforcement dates. This rule will be enforced from 11 a.m. 
until 4 p.m. on April 28, 2012.
    (c) Special Local Regulations.
    (1) The Coast Guard will patrol the regulated area under the 
direction of a designated Coast Guard Patrol Commander. The Patrol 
Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call 
sign ``PATCOM''.
    (2) All Persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the Captain of the Port Mobile to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the Patrol Commander and when so 
directed by that officer and will be operated at a minimum safe 
navigation speed in a manner which will not endanger participants in 
the regulated area or any other vessels.
    (4) No spectator shall anchor, block, loiter, or impede the through 
transit of participants or official patrol vessels in the regulated 
area during the effective dates and times, unless cleared for entry by 
or through an official patrol vessel.
    (5) The patrol commander may forbid and control the movement of all 
vessels in the regulated area. When hailed or signaled by an official 
patrol vessel, a vessel shall come to an immediate stop and comply with 
the directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (6) Any spectator vessel may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the event. Such mooring must be complete at least 30 minutes prior to 
the establishment of the regulated area and remain moored through the 
duration of the event.
    (7) The Patrol Commander may terminate the event or the operation 
of any vessel at any time it is deemed necessary for the protection of 
life or property.
    (8) The Patrol Commander will terminate enforcement of the special 
local regulations at the conclusion of the event.
    (d) Informational Broadcasts. The Captain of the Port or a 
designated representative will inform the public through broadcast 
notices to mariners of

[[Page 23128]]

the enforcement period for the regulated area as well as any changes in 
the planned schedule.

    Dated: March 27, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2012-9375 Filed 4-17-12; 8:45 am]
BILLING CODE 9110-04-P