[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Rules and Regulations]
[Pages 13241-13244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05744]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0076]
RIN 1625-AA00


Safety Zone; Tuscaloosa Regional Air Show; 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 safety zone 
encompassing the waters of the Black Warrior River in Tuscaloosa, AL. 
This action is necessary for the safeguard of participants and 
spectators, including all crews, vessels, and persons on

[[Page 13242]]

navigable waters during the Tuscaloosa Regional Air Show. Entry into or 
transiting in this zone is prohibited to all vessels, mariners, and 
persons unless specifically authorized by the Captain of the Port 
Mobile or a designated representative.

DATES: This rule is effective on March 26-29, 2015, from 11:30 a.m. 
until 5 p.m. each day.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0076. 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
FAA Federal Aviation Administration
FR Federal Register
LNM Local Notice to Mariners
NEPA National Environmental Policy Act
NPRM Notice of Proposed Rulemaking

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 the Coast Guard did not 
receive the necessary information from The City of Tuscaloosa of their 
intentions to conduct an air show on March 26-29, 2015 over a portion 
of the Black Warrior River, in Tuscaloosa, AL until January 29, 2015. 
The City of Tuscaloosa informed Coast Guard Sector Mobile that a 
Federal Aviation Administration (FAA) rule prohibits all vessel traffic 
and persons within the exclusion area where the air craft will be 
flying overhead and therefore, requested a safety zone to keep all 
vessels out of the exclusion area that crosses over the Black Warrior 
River. As a result, the Coast Guard did not have sufficient time to 
publish an NPRM and to receive public comments prior to the event. Any 
delay in the effective date of this rule would be contrary to public 
interest because immediate action is needed to protect persons and 
vessels from the safety hazards associated with the planned event. 
Additionally, delaying the safety zone for the NPRM process would 
unnecessarily interfere with the Tuscaloosa Regional Air Show flight 
schedule, compliance with federal regulations enforced by the FAA, and 
potential contractual obligations.
    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.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1, 1 which 
collectively authorize the Coast Guard to propose, establish, and 
define regulatory safety zones.
    The City of Tuscaloosa plans to conduct an air show for the public, 
over a portion of the Black Warrior River in Tuscaloosa, AL on March, 
26-29, 2015 between the hours of 11:30 a.m. and 5 p.m. each day.
    The hazards associated with the air show poses safety hazards to 
both vessels and mariners while airplanes fly over the Black Warrior 
River, in Tuscaloosa, AL. The (Captain of the Port) COTP Mobile is 
establishing a temporary safety zone encompassing the waters of the 
Black Warrior River between Mile Marker (MM) 335.8 to MM 336.3, in 
Tuscaloosa, AL, to protect persons and vessels, during the air show.
    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 the Black Warrior River between MM 335.8 to 
MM 336.3, in Tuscaloosa, AL. 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 from 
March 26-29, 2015 at 11:30 a.m. until 5 p.m. each day.
    BNMs will be used to inform waterway users of the exact enforcement 
times and any changes in this safety zone or its enforcement prior to 
the Tuscaloosa Regional Air Show.

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 the Black Warrior 
River, in 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 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, 5 U.S.C. 601-612, as 
amended,

[[Page 13243]]

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 the Black Warrior 
River during the Tuscaloosa Regional Air Show. 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, 
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 a safety zone on a waterway during the 
Tuscaloosa Regional Air Show 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 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5;

[[Page 13244]]

Department of Homeland Security Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T08-0076 to read as follows:


Sec.  165.T08-0076  Safety Zone; Tuscaloosa Regional Air Show; Black 
Warrior River; Tuscaloosa, AL.

    (a) Location. The following area is a safety zone: all waters 
encompassing the waters of the Black Warrior River between MM 335.8 to 
MM 336.3, in Tuscaloosa, AL.
    (b) Effective dates and enforcement period. This rule is effective 
on March 26-29, 2015, from 11:30 a.m. until 5:00 p.m. each day.
    (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: February 2, 2015.
S. Walker,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2015-05744 Filed 3-12-15; 8:45 am]
 BILLING CODE 9110-04-P