[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Rules and Regulations]
[Pages 17754-17756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08461]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0083]
RIN 1625-AA00


Safety Zone; Mississippi Sound, Biloxi, MS

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain navigable waters on the Mississippi Sound over the Biloxi 
Harbor Channel in Biloxi, MS. This action is necessary to provide for 
the safety of life and property on these navigable waters during the 
2018 Biloxi Air Show. This regulation prohibits persons and vessels 
from entering the safety zone unless authorized by the Captain of the 
Port Sector Mobile (COTP) or a designated representative.

DATES: This rule is effective from 9 a.m. on July 19, 2018 through 5 
p.m. on July 22, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0083 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 Lieutenant 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 Sector Mobile
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 3, 2018, the sponsor for the 2018 Biloxi Air Show 
submitted an application for a marine event permit for the air show 
that will take place every day from 9 a.m. through 5 p.m. from July 19, 
2018 through July 22, 2018. In response, on March 9, 2018, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled Safety 
Zone; Mississippi Sound, Biloxi, MS (83 FR 10419). There we stated why 
we issued the NPRM, and invited comments on our proposed regulatory 
action related to this air show. During the comment period that ended 
April 9, 2018, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Sector Mobile (COTP) has determined that 
potential hazards associated with the air show on July 19, 2018 and 
July 22, 2018 will be a safety concern for any vessels or persons in 
the vicinity of waters of the navigable waters on the Mississippi Sound 
over the Biloxi Harbor Channel in Biloxi, MS. The purpose of this rule 
is to ensure the safety of vessels and persons before, during, and 
after the air show.

IV. Discussion of the Rule

    As noted above, we received no comments on our NPRM published on 
March 9, 2018. There are no changes in the regulatory text of this rule 
from the NPRM.
    This rule establishes a temporary safety zone on the Mississippi 
Sound within the positions of 30[deg]23'22.6'' N 88[deg]50'54.9'' W; 
30[deg]23'25.5'' N 88[deg]53'12.1'' W; 30[deg]22'52.3'' N 
88[deg]50'55.8'' W; 30[deg]22'56.3'' N 88[deg]53'11.9'' W over the 
Biloxi Harbor Channel in Biloxi, MS from 9 a.m. through 5 p.m. on July 
19, 2018 through July 22, 2018. This rule is intended to ensure the 
safety of vessels and persons before, during, and after the 2018 Biloxi 
Air Show. No vessel or person is permitted to enter the zone without 
obtaining permission from the COTP or a designated representative. A 
designated representative may be a Patrol Commander (PATCOM). The 
PATCOM maybe aboard either a Coast Guard or Coast Guard Auxiliary 
vessel. The PATCOM may be contacted on Channel 16 VHF-FM (156.8 MHz) by 
the call sign ``PATCOM''. 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 zone.
    Spectator vessels desiring to transit the zone may do so only with 
prior approval of the PATCOM and when so directed by that officer shall 
be operated at a minimum safe navigation speed in a manner that will 
not endanger any other vessels. No spectator vessel shall anchor, 
block, loiter, or impede the through transit of official patrol vessels 
in the zone during the effective dates and times, unless cleared for 
entry by or through an official patrol vessel. Any spectator vessel may 
anchor outside the zone, but may not anchor in, block, or loiter in a 
navigable channel. Spectator vessels may be moored to a waterfront 
facility within the zone in such a way that they shall not interfere 
with the progress of the air show. Such mooring must be complete at 
least 30 minutes prior to the establishment of the zone and remain 
moored through the duration of the air show.
    The COTP or a designated representative may forbid and control the 
movement of all vessels in the zone.

[[Page 17755]]

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 zone, citation for failure to 
comply, or both.
    The COTP or a designated representative may terminate the operation 
of any vessel at any time it is deemed necessary for the protection of 
life or property. The COTP or a designated representative can terminate 
enforcement of the safety zone at the conclusion of the air show.

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 protectors.

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 size, location, 
and duration of the safety zone. This rule will take place on a small 
area of Mississippi Sound, during a short duration of only eight hours, 
lasting for four days from July 19, 2018 through July 22, 2018. 
Additionally, the Coast Guard will issue Broadcast Notices to Mariners 
via VHF-FM marine channel 16 about the safety zone so that waterway 
users may plan accordingly for transits during this restriction, and 
the rule also allows vessels to seek permission from the COTP or a 
designated representative to enter the zone.

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 received no comments from the Small Business 
Administration on this rulemaking. 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 
safety zone 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 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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 safety zone on the Mississippi Sound, within the positions of 
30[deg]23'22.6'' N 88[deg]50'54.9'' W; 30[deg]23'25.5'' N 
88[deg]53'12.1'' W; 30[deg]22'52.3'' N 88[deg]50'55.8'' W; 
30[deg]22'56.3'' N 88[deg]53'11.9'' W over the Biloxi Harbor Channel in 
Biloxi, MS. It is categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration (REC) 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

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

[[Page 17756]]

jeopardizing the safety or security of people, places or vessels.

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; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T08-0083 to read as follows:


Sec.  165.T08-0083  Safety Zone; Mississippi Sound, Biloxi, MS

    (a) Location. The following area is a safety zone. All navigable 
waters of the Mississippi Sound, within the positions of 
30[deg]23'22.6'' N 88[deg]50'54.9'' W; 30[deg]23'25.5'' N 
88[deg]53'12.1'' W; 30[deg]22'52.3'' N 88[deg]50'55.8'' W; 
30[deg]22'56.3'' N 88[deg]53'11.9'' W over the Biloxi Harbor Channel in 
Biloxi, MS.
    (b) Enforcement period. This section is effective from 9 a.m. on 
July 19, 2018 through 5 p.m. on July 22, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting through, or exiting 
from this area is prohibited unless authorized by the Captain of the 
Port Sector Mobile (COTP) or a designated representative. A designated 
representative may be a Patrol Commander (PATCOM). The PATCOM may be 
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM 
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 event 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 COTP or a designated representative 
and when so directed by that officer will be operated at a minimum safe 
navigation speed in a manner that will not endanger participants in the 
zone 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) 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.
    (6) The COTP or a designated representative 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.
    (7) The COTP or a designated representative 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 COTP or a designated representative can terminate 
enforcement of the safety zone 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 temporary safety zone as 
well as any changes in the planned schedule.

    Dated: April 17, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-08461 Filed 4-23-18; 8:45 am]
BILLING CODE 9110-04-P