[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)]
[Rules and Regulations]
[Pages 18221-18223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07834]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0189]
RIN 1625-AA08


Special Local Regulation; Lake Ferguson; Greenville, MS

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 Lake 
Ferguson, Greenville, MS. This rule is necessary to provide for the 
safety of life on navigable waters during a paddling event on April 22, 
2017. This regulation prohibits entry by all vessels, mariners, and 
persons into the event area, an approximate 300-yard stretch of Lake 
Ferguson extending approximately 150-yards west from the Greenville 
boat launch. All vessels transiting Lake Ferguson west-northwest of the 
regulated area will be limited to slowest speed for safe navigation to 
minimize wake unless specifically authorized by the Captain of the Port 
Memphis or an on-scene representative.

DATES: This rule is effective from 8 a.m. until 4 p.m. on April 22, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0189 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 History

    The Coast Guard is issuing this temporary final rule without prior

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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. The Greater Greenville Development Foundation did not 
notify the Coast Guard that it will be sponsoring the ``Delta Dragon 
Boat Race'' on April 22, 2017 with sufficient time remaining to publish 
an NPRM. It is impracticable to publish an NPRM because we must 
establish this safety zone by April 22, 2017.
    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 Lake Ferguson would be a safety 
concern for anyone transiting this waterway in the vicinity of the 
Greenville boat launch in Greenville, Mississippi. The purpose of this 
rulemaking is to ensure the safety of event participants and other 
waterway users before, during, and after the scheduled event in the 
navigable waters of Lake Ferguson.

IV. Discussion of the Rule

    This rule establishes a special local regulation, enforced from 8 
a.m. until 4 p.m. on April 22, 2017. 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 in Lake Ferguson in the 
vicinity of Greenville, MS: starting from a point on shore at 
33[deg]24.83' N., 091[deg]03.95' W., proceeding 150 yards west-
northwest into the lake at 33[deg]24.88' N., 091[deg]04.02' W., then 
proceeding approximately 390 yards south-southwest to 33[deg]24.71' N., 
091[deg]04.15' W., then proceeding 160 yards east-southeast to a point 
on shore at 33[deg]24.67' N., 091[deg]04.07' W., before returning 
north-northeast along the shoreline to the point of origin.
    This regulation prohibits entry by all vessels, mariners, and 
persons into the event area, an approximate 300-yard stretch of Lake 
Ferguson extending approximately 150-yards west-northwest from the 
Greenville boat launch. All vessels transiting Lake Ferguson through 
the spectator zone, west-northwest of the regulated area to the state 
line, will be limited to slowest speed for safe navigation to minimize 
wake unless specifically authorized by the Captain of the Port Memphis 
or an on-scene representative.

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

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O.13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    The Coast Guard's use of this special local regulation will be only 
eight hours in duration on a Saturday in April, and it is designed to 
minimize the impact on navigation. Moreover, vessels will be allowed to 
transit Lake Ferguson west-northwest of the event area at the slowest 
speed for safe navigation to minimize wake. 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 Lake Ferguson in the vicinity of 
Greenville, MS between 8 a.m. and 4 p.m. on April 22, 2017.
    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

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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 eight hours on a Saturday in April. 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.  100.35T08-0189 to read as follows:


Sec.  100.35 T08-0189  Special Local Regulation; Lake Ferguson, 
Greenville, MS.

    (a) Regulated area. (1) A regulated area is established to 
encompass all waters of Lake Ferguson, in the vicinity of the 
Greenville Boat Launch, within an area starting from a point on shore 
at 33[deg]24.83' N., 091[deg]03.95' W., proceeding approximately 150 
yards WNW into the lake at 33[deg]24.88' N., 091[deg]04.02' W., then 
proceeding approximately 390 yards SSW to 33[deg]24.71' N., 
091[deg]04.15' W., then proceeding 160 yards ESE to a point on shore at 
33[deg]24.67' N., 091[deg]04.07' W., before returning NNE along the 
shoreline to the point of origin.
    (2) A spectator zone will be established in Lake Ferguson, west-
northwest of the regulated area to the state line.
    (b) Effective period. This section is effective and will be 
enforced from 8 a.m. until 4 p.m. on April 22, 2017.
    (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) or an on-scene representative. All 
vessel operators desiring to operate in the event area of this special 
local regulation must contact the COTP or an on-scene representative to 
request permission to do so. The COTP or may be contacted via VHF 
Channel 16 or by telephone at 1-866-777-2784. An on-scene 
representative may be a commissioned, warrant, or petty officer of the 
United States Coast Guard or a federal, state or local law enforcement 
officer.
    (2) During enforcement, all Vessels transiting Lake Ferguson 
through the spectator zone will be limited to slowest speed for safe 
navigation to minimize wake unless specifically authorized by the COTP 
or an on-scene representative.
    (d) Informational broadcasts. The COTP 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: March 31, 2017.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Memphis, Tennessee.
[FR Doc. 2017-07834 Filed 4-17-17; 8:45 am]
 BILLING CODE 9110-04-P