[Federal Register Volume 78, Number 246 (Monday, December 23, 2013)]
[Rules and Regulations]
[Pages 77359-77362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30382]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0980]
RIN 1625-AA00


Eighth Coast Guard District Annual Safety Zones; New Year's Eve 
Celebration/City of Mobile; Mobile Channel; Mobile, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard will enforce the City of Mobile New Year's Eve 
Celebration safety zone in the Mobile Channel, Mobile, AL from 11:30 
p.m. December 31, 2013 until 12:30 a.m. January 1, 2014. This safety 
zone has been implemented in past years but the fireworks display will 
move to a new location in the Mobile Channel beginning with the 
December 31, 2013 display. This safety zone is necessary for the 
safeguard of participants and spectators, including all crews, vessels, 
and persons on navigable waters during the City of Mobile New Year's 
Eve Celebration fireworks display. During the enforcement period, entry 
into, transiting or anchoring in the Safety Zone is prohibited to all 
vessels not registered with the sponsor as participants or official 
patrol vessels, unless specifically authorized by the Captain of the 
Port Mobile or a designated representative.

[[Page 77360]]


DATES: The safety zone is effective from 11:30 p.m. December 31, 2013 
until 12:30 a.m. January 1, 2014.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email LT Stanley A. Tarrant, Coast Guard Sector 
Mobile, Waterways Management Division; telephone (251) 441-5940, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl F. Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
COTP Captain of the Port

A. Regulatory History and Information

    Through a direct final rulemaking with a request for comments, the 
Coast Guard amended and updated the safety zones under 33 CFR 165.801 
to incorporate the numerous recurring safety zones related to events 
and fireworks displays held on or around navigable waters within the 
Eighth Coast Guard District. No comments to the direct final rule were 
received and the May 30, 2012 effective date for the amendments and 
updates was confirmed in the Federal Register (77 FR 28766) on May 16, 
2012. The City of Mobile New Year's Eve Celebration and safety zone was 
included in that update as a safety zone under 33 CFR 165.801; Table 1, 
Table No. 150; Sector Mobile No. 9. This temporary final rule changes 
the location where the safety zone will be enforced.
    The Coast Guard is issuing this temporary final rule without a full 
30 days 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. On November 5, 
2013 the Coast Guard received notice that the City of Mobile would be 
putting on its New Year's Eve Celebration fireworks display at a new 
location located approximately one-half mile from the location listed 
in the current safety zone under 33 CFR 165.801. This notice did not 
allow for the full NPRM process. The New Year's Eve Celebration and 
fireworks display has been and continues to be advertised to the local 
communities; therefore, delaying or foregoing the safety zone to 
provide notice and comment opportunity for a minimal change in location 
would be unnecessary and impracticable. Additionally, making the new 
location permanent will be part of an upcoming rulemaking updating the 
safety zones listed in 33 CFR 165.801. That rulemaking will offer 
notice and opportunity to comment on updates to this and other 
recurring safety zones for future occurrences.
    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 a 
full 30 days after publication in the Federal Register.

B. Basis and Purpose

    This temporary final rule is issued under authority of 5 U.S.C. 
552(a); 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, and 160.5; Public Law 107-295, 
116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 
The City of Mobile applied for a Marine Event permit on November 5, 
2013 related to the vessels and navigational needs resulting from and 
supporting their annual New Year's Eve Celebration fireworks display. 
The location for the 2013 display differs from the location listed in 
33 CFR 165.801; Table 1, Table No. 150; Sector Mobile No. 9. The new 
2013 location is in the Mobile Channel between the Arthur R. Outlaw 
Convention Center and Cooper Riverside Park. This location replaces the 
published coordinates found in 33 CFR part 165.801; Table 1. The COTP 
Mobile will establish and enforce a safety zone extending 200 yards in 
all directions from the fireworks display barge located in the Mobile 
Channel between the Arthur R. Outlaw Convention Center and Cooper 
Riverside Park to protect persons and vessels during the City of Mobile 
New Year's Eve Celebration fireworks display.
    The COTP anticipates minimal impact on vessel traffic due to this 
change of location. However, this safety zone is deemed necessary for 
the protection of life and property within the COTP Mobile zone.

C. Discussion of the Temporary Final Rule

    The Coast Guard will enforce a Safety Zone for the annual City of 
Mobile New Year's Eve Celebration fireworks display listed in 33 CFR 
165.801 Table 1, Table No. 150; Sector Mobile, No. 9 from 11:30 p.m. 
December 31, 2013 until 12:30 a.m. January 1, 2014. The safety zone 
will include all waters extending 200 yards in all directions from the 
fireworks display barge located in the Mobile Channel between the 
Arthur R. Outlaw Convention Center and Cooper Riverside Park.
    Under the provisions of 33 CFR 165.801, entry into the safety zone 
listed above is prohibited unless authorized by the Captain of the Port 
or a designated representative. Persons or vessels desiring to enter 
into or pass through the Safety Zone must request permission from the 
Captain of the Port or a designated representative. If permission is 
granted, all persons and vessels shall comply with the instructions of 
the Captain of the Port or designated representative.
    In addition to this temporary final rule in the Federal Register, 
the Coast Guard will provide the maritime community with advance 
notification of this enforcement period and location via Local Notice 
to Mariners and Marine Information Broadcasts.
    If the COTP Mobile or a designated representative determines that 
the safety zone need not be enforced for the full duration stated in 
this rule, he or she may use a Broadcast Notice to Mariners to grant 
general permission to enter the safety zone.

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. This rule establishes a 
temporary safety zone extending 200 yards in all directions from a 
fireworks display barge located in the Mobile Channel between the 
Arthur R. Outlaw Convention Center and Cooper Riverside Park from 11:30 
p.m. December 31, 2013 until 12:30 a.m. January 1, 2014. The impacts on 
navigation will be limited to ensuring the safety of persons and 
vessels in the area during the fireworks display.

[[Page 77361]]

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 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. 
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 
the Mobile Channel between the Arthur R. Outlaw Convention Center and 
Cooper Riverside Park from 11:30 p.m. December 31, 2013 until 12:30 
a.m. January 1, 2014. This safety zone will not have a significant 
economic impact on a substantial number of small entities because this 
rule is in place for one hour on New Year's Eve, 2013. Notifications to 
the marine community will be made through Local Notice to Mariners and 
Marine Information Broadcasts.
    Notices of changes to the safety zone and effective times will also 
be made as necessary. Deviation from the restrictions may be requested 
from the COTP Mobile or designated representative and will be 
considered on a case-by-case basis.

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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
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.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist and a categorical exclusion 
determination will be made available as indicated under the ADDRESSES 
section.

 List of Subjects in 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.

[[Page 77362]]

107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. A new temporary Sec.  165.T08-0980 is added to read as follows:


Sec.  165.T08-0980  Safety Zone; New Year's Eve Celebration/City of 
Mobile; Mobile Channel; Mobile, AL.

    (a) Location. The following area is a safety zone: All waters 
extending 200 yards in all directions from the fireworks display barge 
located in the Mobile Channel between the Arthur R. Outlaw Convention 
Center and Cooper Riverside Park.
    (b) Effective dates. This safety zone is effective and enforceable 
from 11:30 p.m. December 31, 2013 until 12:30 a.m. January 1, 2014.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Mobile or a designated 
representative.
    (2) Persons or vessels desiring to enter into or passage through 
the zone must request permission from the Captain of the Port Mobile or 
a designated representative. They may be contacted on VHF-FM channels 
16 or by telephone at 251-441-5976.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the Captain of the Port or designated 
representative.
    (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: November 27, 2013.
S. Walker,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2013-30382 Filed 12-20-13; 8:45 am]
BILLING CODE 9110-04-P