[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Rules and Regulations]
[Pages 24065-24067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09721]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0190]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

DATES: This rule is effective from 10:30 a.m. until 4:30 p.m. on April 
27, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0190. To view documents mentioned in this preamble as being 
available in the docket, go to 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 Lenell J. Carson, Sector Mobile, 
Waterways Division, U.S. Coast Guard; telephone 251-441-5940, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM with respect to this rule 
because there is insufficient time to publish a NPRM. The Coast Guard 
received an application for a Marine Event Permit on March 17, 2013 
from the Junior League of Tuscaloosa to conduct their event on April 
27, 2013. After reviewing the details of the event and the permit 
application, the Coast Guard determined that a special local regulation 
is needed and delaying or foregoing this safety measure would be 
contrary to the public interest. The special local regulation is

[[Page 24066]]

needed to safeguard persons and vessels from safety hazards associated 
with the Junior League of Tuscaloosa Dragon Boat Races. This event is 
advertised as scheduled and participants, sponsors and spectators have 
planned for the event. It would be impracticable and unnecessary to 
reschedule the planned and advertised event in order to complete the 
NPRM process.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register. Delaying the 
effective date to provide a full 30 day notice is contrary to public 
interest because immediate action is needed to protect persons and 
vessels from safety hazards associated with the Junior League of 
Tuscaloosa Dragon Boat Races.

B. Basis and Purpose

    The Junior League of Tuscaloosa is sponsoring a Dragon Boat Race on 
the Black Warrior River. The introduction of Dragon Boats into a 
commercially transited river system poses significant safety hazards to 
both, the Dragon Boat racers and the commercial vessels. The COTP 
Mobile is establishing a temporary special local regulation for a 
portion of the Black Warrior River, Tuscaloosa, AL, to safeguard 
persons and vessels during the Dragon Boat races. The legal basis and 
authorities for this rule are found in 33 U.S.C. 1233 and 33 CFR part 
100, which authorizes the Coast Guard to propose, establish, and define 
regulatory special local regulations for safety during marine events.
    The COTP anticipates minimal impact on vessel traffic due to this 
regulation. However, the temporary special local regulation is deemed 
necessary for the safeguard of life and property within the COTP Mobile 
zone.

C. Discussion of Comments, Changes and the Temporary Final Rule

    The Coast Guard is establishing a temporary special local 
regulation for a portion of the Black Warrior River from river mile 
340.5 to river mile 341.0, Tuscaloosa, AL. This temporary rule will 
safeguard life and property in this area. Entry into, transiting or 
anchoring in this zone is prohibited to all vessels not registered with 
the sponsor as participants or not part of the regatta patrol, unless 
specifically authorized by the COTP Mobile or a designated 
representative. They may be contacted on VHF-FM Channel 16 or through 
Coast Guard Sector Mobile at 251-441-5976.
    The COTP Mobile or a designated representative will inform the 
public through broadcast notice to mariners of changes in the effective 
period for the temporary special local regulation. This rule is 
effective from 10:30 a.m. until 4:30 p.m. on April 27, 2013.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The temporary special local regulation listed in this rule will 
only restrict vessel traffic from entering, transiting, or anchoring 
within a small portion of the Black Warrior River, Tuscaloosa, AL. The 
effect of this regulation will not be significant for several reasons: 
(1) This rule will only affect vessel traffic for a short duration; (2) 
vessels may request permission from the COTP to transit through the 
regulated area; and (3) the impacts on routine navigation are expected 
to be minimal. Notifications to the marine community will be made 
through Local Notice to Mariners and Broadcast Notice to Mariners. 
These notifications will allow the public to plan operations around the 
regulated area.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule will affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to transit or anchor in the affected portion of the Black 
Warrior River, Tuscaloosa, AL during the Dragon Boat Races. This 
temporary special local regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. The regulated area is limited in size, is of short duration 
and vessel traffic may request permission from the COTP Mobile or a 
designated representative to enter or transit through the regulated 
area.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the

[[Page 24067]]

person listed in the FOR FURTHER INFORMATION CONTACT section to 
coordinate protest activities so that your message can be received 
without jeopardizing the safety or security of people, places or 
vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

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

List of Subjects 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.


0
2. Add Sec.  100.T08-0190 to read as follows:


Sec.  100.T08-0190  Special Local Regulation; Tuscaloosa Dragon Boat 
Races; Black Warrior River; Tuscaloosa, AL.

    (a) Location. The following area is a regulated area: a portion of 
the Black Warrior River, from river mile 340.5 to river mile 341, 
Tuscaloosa, AL.
    (b) Effective dates. This rule will be effective and enforceable 
with actual notice from 10:30 a.m. until 4:30 p.m. on April 27, 2013.
    (c) Special Local Regulations. (1) The Coast Guard will patrol the 
regulated area under the direction of a designated Coast Guard Patrol 
Commander. The Patrol Commander may be contacted on Channel 16 VHF-FM 
(156.8 MHz) by the call sign ``PATCOM.''
    (2) All Persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the Captain of the Port Mobile to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the Patrol Commander and when so 
directed by that officer and will be operated at a minimum safe 
navigation speed in a manner which will not endanger participants in 
the regulated area or any other vessels.
    (4) No spectator shall anchor, block, loiter, or impede the through 
transit of participants or official patrol vessels in the regulated 
area during the effective dates and times, unless cleared for entry by 
or through an official patrol vessel.
    (5) The patrol commander may forbid and control the movement of all 
vessels in the regulated area. When hailed or signaled by an official 
patrol vessel, a vessel shall come to an immediate stop and comply with 
the directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (6) Any spectator vessel may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the event. Such mooring must be complete at least 30 minutes prior to 
the establishment of the regulated area and remain moored through the 
duration of the event.
    (7) The Patrol Commander may terminate the event or the operation 
of any vessel at any time it is deemed necessary for the protection of 
life or property.
    (8) The Patrol Commander will terminate enforcement of the special 
local regulations at the conclusion of the event.
    (d) Informational Broadcasts. The Captain of the Port or a 
designated representative will inform the public through broadcast 
notices to mariners of the enforcement period for the regulated area as 
well as any changes in the planned schedule.

    Dated: April 4, 2013.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2013-09721 Filed 4-23-13; 8:45 am]
BILLING CODE 9110-04-P