[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Rules and Regulations]
[Pages 57802-57804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22976]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0791]
RIN 1625-AA00


Safety Zone; University of Alabama vs. University of Alabama at 
Huntsville Rowing Competition; Black Warrior River mm 339 to mm 341.65; 
Tuscaloosa, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
encompassing the waters of the Black Warrior River, Tuscaloosa, AL from 
mm 339 to mm 341.65. This action is necessary for the protection of 
persons and vessels on navigable waters during the University of 
Alabama (U of AL) vs. University of Alabama at Huntsville (UAH) Rowing 
Competition. Entry into or transiting 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 on September 27, 2014 from 9:00 a.m. to 
11:30 a.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0791. 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 Stanley A. Tarrant, Sector Mobile, 
Waterways Management 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 Cheryl F. Collins, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of Proposed Rulemaking
mm Mile marker

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)(3)(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 an NPRM. The Coast Guard received notification on August 20, 
2014 from the University of Alabama Women's Rowing team with intentions 
to conduct a rowing competition on the Black Warrior River in 
Tuscaloosa, AL on September 27, 2014. After reviewing the details of 
the event, the Coast Guard determined that additional safety measures 
are necessary during this rowing competition on the Black Warrior 
River. A temporary safety zone is being established to provide for the 
safety of participants, spectators, and other waterway users during 
this rowing competition. Publishing a NPRM is contrary to public 
interest because it would unnecessarily delay the required safety 
zone's effective date. Additionally, delaying the safety zone for the 
NPRM process would unnecessarily interfere with the scheduled rowing 
competition.
    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 days' notice is contrary to public 
interest because immediate action is needed to protect persons and 
vessels from safety hazards associated with a rowing competition on the 
Black Warrior River.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 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; and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to propose, establish, and 
define regulatory safety zones.
    The University of Alabama Women's Rowing Team will conduct a rowing 
competition on the Black Warrior River in Tuscaloosa, AL on September 
27, 2014. The rowing competition will consist of 12 row boats on the 
race course at a time. These row boats will impede normal vessel 
traffic which poses significant safety hazards to the rowers and other 
vessels and mariners during the course of the race on the Black Warrior 
River. The COTP Mobile is establishing a temporary safety zone 
encompassing the waters of Black Warrior River, Tuscaloosa, AL from mm 
339 to mm 341.65, to protect persons and vessels, during the rowing 
competition in Tuscaloosa, AL.
    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.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone 
encompassing the waters of Black Warrior River,

[[Page 57803]]

Tuscaloosa, AL from mm 339 to mm 341.65. This temporary rule will 
protect the safety of life and property in this area. Entry into or 
transiting 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 (BNM) of changes in the 
effective period for the safety zone. This rule will be enforced for a 
short period during the rowing competition occurring on September 27, 
2014 between the hours of 9:00 a.m. and 11:30 a.m. BNMs will be used to 
inform waterway users of the exact enforcement times and any changes in 
this safety zones or its enforcement on the day of the rowing 
competition, September 27, 2014.

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 safety zone listed in this rule will restrict vessel traffic 
from entering or transiting in a small portion of 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 
Mobile or a designated representative to transit through the safety 
zone; and (3) impacts on routine navigation are expected to be minimal. 
Notifications to the marine community will be made through BNMs. These 
notifications will allow the public to plan operations around the 
affected area.

2. 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 in the affected portions of Black Warrior River 
during the rowing competition on the morning of September 27, 2014 
between 9:00 and 11:30 a.m. 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.

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 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 will not result in 
such 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,

[[Page 57804]]

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 which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves establishing a safety zone on a 
waterway during a rowing competition 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)(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a categorical 
exclusion determination will be made available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

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


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2. A new temporary Sec.  165.T08-0791 is added to read as follows:


Sec.  165.T08-0791  Safety Zone; University of Alabama vs. University 
of Alabama at Huntsville Rowing Competition; Black Warrior River mm 339 
to mm 341.65; Tuscaloosa, AL.

    (a) Location. The following area is a safety zone: all waters, 
surface to bottom, extending the entire width of the Black Warrior 
River, Tuscaloosa, AL from mm 339 to mm 341.65.
    (b) Effective dates and enforcement period. This section is 
effective on September 27, 2014. Broadcast notices to mariners will be 
used to inform the public of specific enforcement times expected to 
occur between the hours of 9:00 a.m. and 11:30 a.m.
    (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 Mobile or designated 
representative.
    (d) Informational Broadcasts. The Captain of the Port Mobile 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 safety zone or the planned schedule.

    Dated: August 26, 2014.
S. Walker,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2014-22976 Filed 9-25-14; 8:45 am]
BILLING CODE 9110-04-P