[Federal Register Volume 81, Number 193 (Wednesday, October 5, 2016)]
[Rules and Regulations]
[Pages 68934-68936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24071]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0887]
RIN 1625-AA08


Special Local Regulation; Arkansas River; Little Rock, AR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation controlling movement of vessels for certain waters of the 
Arkansas River. This rule is necessary to provide for the safety of 
life on navigable waters during a rowing regatta on October 14 and 15, 
2016. This regulation prohibits entry by all vessels, mariners, and 
persons into the event area, a 1.2 mile stretch of the Arkansas River 
extending 25-yards from the left descending bank. All vessels 
transiting the regulated area outside of the 25-yard zone will be 
limited to slowest speed for safe navigation to minimize wake unless 
specifically authorized by the Captain of the Port Memphis.

DATES: This rule is effective from 7 a.m. on October 14, 2016 until 7 
p.m. on October 15, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to

[[Page 68935]]

http://www.regulations.gov, type USCG-2016-0887 in the ``SEARCH'' box 
and click ``SEARCH.'' Click on Open Docket Folder on the line 
associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Petty Officer Todd Manow, Waterways Management, Sector 
Lower Mississippi River, U.S. Coast Guard, telephone 901-521-4813, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory Hostory

    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 doing so would be 
impracticable. While the Arkansas Boathouse Club notified the Coast 
Guard that it will be conducting a rowing regatta, the ``Six Bridges 
Regatta'', from 7 a.m. until 7 p.m. on October 14 and 15, 2016, the 
final details of this event were not made known to the Coast Guard 
until early September, leaving an insufficient amount of time remaining 
to publish an NPRM. It is impracticable to publish an NPRM because we 
must establish this safety zone by October 14, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making this temporary rule 
effective less than 30 days after publication in the Federal Register. 
For the same reasons discussed in the preceding paragraph, waiting for 
a 30 day notice period to run would be impracticable.

III. Legal Authority and Need for a Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The COTP has determined that potential hazards posed to 
participants of a rowing regatta in this section of river would be a 
safety concern for anyone transiting the river from mile marker 117.4 
to 118.6. The purpose of this rulemaking is to ensure the safety of 
event participants and other waterway users in U.S. navigable waters 
from mile marker 117.4 to 118.6 before, during, and after the scheduled 
event.

IV. Discussion of the Rule

    This rule establishes a special local regulation, enforced from 7 
a.m. until 7 p.m. each day on October 14 and 15, 2016. In light of the 
aforementioned hazards, the COTP has determined that a special local 
regulation is necessary to protect spectators, vessels, and 
participants. The special local regulation will encompass the following 
waterway: All waters of the Arkansas River between mile markers 117.4 
and 118.6 in the vicinity of Little Rock, AR.
    This regulation prohibits entry by all vessels, mariners, and 
persons into the event area, a 1.2 mile stretch of the Arkansas River 
extending 25-yards from the left descending bank. All vessels 
transiting the regulated area outside of the 25-yard zone will be 
limited to slowest speed for safe navigation to minimize wake unless 
specifically authorized by the Captain of the Port Memphis.

V. 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 and Executive orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders (E.O.) 12866 and 13563 direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. E.O. 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. This rule has not been designated a 
``significant regulatory action,'' under E.O. 12866. Accordingly, it 
has not been reviewed by the Office of Management and Budget.
    The Coast Guard's use of this special local regulation will be only 
12 hours in duration each day on a Friday and a Saturday, and it is 
designed to minimize the impact on navigation. Moreover, vessels will 
be allowed to transit the marked navigation channel outside the 25 
yards from left descending bank from mile marker 117.4 to mile marker 
118.6 at the slowest speed for safe navigation to minimize wake unless 
specifically authorized by the Captain of the Port Memphis. Overall, 
the Coast Guard expects minimal impact to vessel movement from the 
enforcement of this special local regulation.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in this portion of the Arkansas River in the vicinity 
of Little Rock, AR between 7 a.m. on October 14, 2016 and 7 p.m. on 
October 15, 2016.
    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 will 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 
section. 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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 is consistent with the fundamental federalism 
principles and

[[Page 68936]]

preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it will 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section.

E. 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.

F. 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 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination 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 involves the establishment of a special local 
regulation lasting 12 hours each day over the course of a Friday and 
Saturday. Normally such actions are categorically excluded from further 
review under paragraph 34(h) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist and Categorical 
Exclusion Determination are 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.

G. 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.

List of Subjects in 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.  100.35T08-0887 to read as follows:


Sec.  100.35T08-0887  Special Local Regulation; Arkansas River, Little 
Rock, AR.

    (a) Regulated area. (1) A regulated area is established to 
encompass the following waterway: All waters of the Arkansas River mile 
117.4 through mile 118.6.
    (2) All vessels are prohibited from entering the event area which 
extends out 25-yards from the left descending bank within the regulated 
area. All vessels transiting the regulated area outside of 25 yards 
from the left descending bank zone are limited to slowest speed for 
safe navigation to minimize wake unless specifically authorized by the 
COTP.
    (b) Effective period. This section is effective from 7 a.m. on 
October 14, 2016 until 7 p.m. on October 15, 2016 and will be enforced 
each day from 7 a.m. until 7 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.801 of this part, all vessels, mariners, and persons are 
prohibited from entering the event area, without permission of the 
Captain of the Port Memphis (COTP). All vessel operators desiring to 
operate in the event area of this special local regulation must contact 
the COTP or a designated representative to request permission to do so. 
The COTP or a designated representative may be contacted via VHF 
Channel 16 or by telephone at 1-866-777-2784.
    (2) During enforcement, all vessels transiting the marked 
navigation channel from mile marker 117.4 to mile marker 118.6 will be 
limited to slowest speed for safe navigation to minimize wake unless 
specifically authorized by the COTP.
    (d) Informational broadcasts. The COTP 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 dates and times of enforcement.

    Dated: September 27, 2016.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Memphis, Tennessee.
[FR Doc. 2016-24071 Filed 10-4-16; 8:45 am]
 BILLING CODE 9110-04-P