[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Rules and Regulations]
[Pages 38598-38600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17215]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0710]
RIN 1625-AA08


Special Local Regulation; Mobile River, Mobile, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation on the Mobile River, Mobile, AL. The special local 
regulation is needed to protect the persons participating in the Rubber 
Ducky Regatta marine event. This rule restricts transit into, through, 
and within the regulated area unless specifically authorized by the 
Captain of the Port Mobile.

DATES: This rule is effective from 9 a.m. until 1 p.m. on August 26, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0710 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 on this rule, 
call or email LT Kyle D. Berry, Sector Mobile, Waterways Management 
Division, U.S. Coast Guard; telephone 251-441-5940, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Mobile
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 it is impracticable. We did not 
receive notice of the event until July 13, 2017. After a thorough 
review of the details for this event, including the number of 
anticipated spectators, the Coast Guard determined that a special local 
regulation was needed to protect persons and property in the vicinity 
of the area from potential hazards present with the Rubber Ducky 
Regatta marine event on this navigable waterway. This special local 
regulation must be established by August 26, 2017 and we lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to respond to the potential safety hazards 
associated with this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Mobile (COTP) has determined that 
potential hazards associated with the marine event on August 26, 2017 
will be a safety concern for anyone within the area of the Mobile 
River, Mobile, AL encompassing a half-mile radius of a point near 
30[deg]41'24.8'' N., 88[deg]2'12.9'' W. This rule is needed to protect 
participants, spectators, and other persons and vessels during the 
marine event on navigable waters.

IV. Discussion of the Rule

    This rule establishes a special local regulation on August 26, 
2017, which will be enforced between the hours of 9 a.m. and 1 p.m. The 
special local regulation takes place on the Mobile River, Mobile AL, 
encompassing a half-mile radius of a point at approximate location 
30[deg]41'24.8'' N., 88[deg]2'12.9'' W.

[[Page 38599]]

The regulation is intended to protect participants, spectators, and 
other persons and vessels before, during, and after the marine event. 
No vessel or person will be permitted to enter, transit within or 
through, or exit the regulated area without obtaining permission from 
the COTP or a designated representative. Spectator vessels desiring to 
enter, transit through or within, or exit the regulated area may 
request permission to do so from the Patrol Commander (PATCOM). When 
permitted to transit the area vessels must follow restrictions within 
the regulated area as directed by the Coast Guard, and must operate at 
a minimum safe navigation speed in a manner which will not endanger 
participants in the regulated area or any other vessels.

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 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the regulation. The special 
local regulation will take place on a mile stretch of navigable 
waterway, during a short duration of four hours on one day on the 
Mobile River, Mobile, AL encompassing a half-mile radius of a point at 
approximate location 30[deg]41'24.8'' N., 88[deg]2'12.9'' W. Moreover, 
the Coast Guard will issue Broadcast Notices to Mariners via VHF-FM 
marine channel 16 about the regulation so that waterway users may plan 
accordingly for transits during this restriction. The rule also allows 
vessels to seek permission from the COTP or a designated representative 
to enter the regulated area.

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.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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.

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 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 is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 an 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 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 involves a special local regulation lasting for four hours on one 
day on the Mobile River, Mobile, AL encompassing a half-mile radius of 
a point at approximate location 30[deg]41'24.8'' N., 88[deg]2'12.9'' W. 
It is categorically excluded from further review under paragraph 34(h) 
of Figure 2-1 of the Commandant Instruction. A Record of Environmental 
Consideration (REC) supporting this determination will be made 
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.

[[Page 38600]]

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.  100.35T08-0710 to read as follows:


Sec.  100.35T08-0710  Special Local Regulation; Mobile River, Mobile, 
AL.

    (a) Regulated area. All navigable waters of the Mobile River, 
Mobile, AL encompassing a half-mile radius of a point at approximate 
location 30[deg]41'24.8'' N., 88[deg]2'12.9'' W.
    (b) Period of enforcement. This rule will be enforced from 9 a.m. 
until 1 p.m. on August 26, 2017.
    (c) Special local regulations. (1) Entry into, transit within or 
through, or exit from this area is prohibited unless authorized by the 
Captain of the Port Mobile (COTP) or the designated Patrol Commander. 
The Coast Guard will patrol the regulated area under the direction of a 
designated Coast Guard Patrol Commander. The Patrol Commander may be 
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
    (2) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the COTP to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the Patrol Commander and when so 
directed by that officer will be operated at a minimum safe navigation 
speed in a manner which will not endanger participants in the regulated 
area or any other vessels.
    (4) No spectator vessel shall anchor, block, loiter, or impede the 
through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times, unless cleared for 
entry by or through an official patrol vessel.
    (5) The patrol commander may forbid and control the movement of all 
vessels in the regulated area. When hailed or signaled by an official 
patrol vessel, a vessel shall come to an immediate stop and comply with 
the directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (6) Any spectator vessel may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the event. Such mooring must be complete at least 30 minutes prior to 
the establishment of the regulated area and remain moored through the 
duration of the event.
    (7) The Patrol Commander may terminate the event or the operation 
of any vessel at any time it is deemed necessary for the protection of 
life or property.
    (8) The Patrol Commander will terminate enforcement of the special 
local regulations at the conclusion of the event.
    (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 date and times of enforcement.

    Dated: July 25, 2017.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2017-17215 Filed 8-14-17; 8:45 am]
 BILLING CODE 9110-04-P