[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Rules and Regulations]
[Pages 21171-21174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09908]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0313]
RIN 1625-AA08


Special Local Regulation; Wolf River Chute, Memphis, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for all navigable waters of the Wolf River Chute in the 
vicinity of the Mud Island River Park near Memphis, TN. This action is 
necessary to protect spectators and vessels during the Duncan William 
Dragon Boat Races regatta. Entry of vessels or persons into this 
regulated area is prohibited unless authorized by the Captain of the 
Port Sector Lower Mississippi River (COTP) or a designated 
representative.

DATES: This rule is effective from 7 a.m. through 4 p.m. on May 12, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0313 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, Sector Lower Mississippi River 
Prevention Department, 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 Sector Lower Mississippi River
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

    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 it is 
impracticable. The Coast Guard did not receive the event details in 
sufficient time to publish an NPRM. We must establish this special 
local regulation on May 12, 2018 and lack sufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing this rule. The NPRM process would delay the establishment of 
the regulated area until after the date of the regatta and compromise 
public safety.
    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. Delaying the effective

[[Page 21172]]

date of this rule would be impracticable and contrary to public 
interest because immediate action is necessary to protect persons and 
property from the dangers associated with commercial traffic 
interacting with this rowing event.

III. Legal Authority and Need for a Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Sector Lower Mississippi River (COTP) has 
determined that potential hazards associated with the Duncan Williams 
Dragon Boat Races from 7 a.m. to 4 p.m. on May 12, 2018 will be a 
safety concern for all navigable waters of the Wolf River Chute in the 
vicinity of the Mud Island River Park. This rule is necessary to ensure 
the safety of life and vessels on these navigable waters before, 
during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 7 a.m. 
through 4 p.m. on May 12, 2017 for all navigable waters of the Wolf 
River Chute from the Mud Island River Park Monorail Bridge at 
35[deg]08.9'' N, 090[deg]03.4'' W, south to the mouth of the Chute at 
35[deg]08.5'' N, 090[deg]08.5'' W, in Memphis, TN. The duration of the 
regulated area is intended to ensure the safety of life and vessels on 
these navigable waters before, during, and after the scheduled event. 
No vessel or person shall transit the regulated area unless authorized 
by the 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''.
    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.
    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 
regulated area or any other vessels. 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. 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.
    Persons or vessels seeking to enter into or transit through the 
regulated area must request permission from the COTP or a designated 
representative. They may be contacted on VHF-FM channels 16 or by 
telephone at 1-866-777-2784. If permission is granted, all persons and 
vessels must comply with the instructions of the COTP or designated 
representative.
    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.
    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. The COTP or a designated representative 
will terminate enforcement of the regulated area at the conclusion of 
the event.

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-day of the special local regulation. 
This special local regulation will restrict vessel traffic for nine 
hours on a less than half-mile stretch of the Wolf River Chute for one 
day. Moreover, the Coast Guard will issue Broadcast Notice to Mariners 
(BNMs) via VHF-FM marine channel 16 about the regulated area, and the 
rule allows vessels to seek permission 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.

[[Page 21173]]

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 
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 the establishment of a special local regulation lasting 
nine hours for an event spanning 860 yards of the Wolf River Chute in 
the vicinity of the Mud Island River Park in Memphis, TN. It is 
categorically excluded from further review under paragraphs L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration 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 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.  100.35T08-0313 to read as follows:


Sec.  100.35T08-0313  Special Local Regulation; Wolf River Chute, 
Memphis, TN.

    (a) Location. (1) The following area is a special local regulation: 
All navigable waters of the Wolf River Chute forming the mouth of the 
Chute, from the Mud Island River Park Monorail bridge at 35[deg]08.9'' 
N, 090[deg]03.4'' W, south to the mouth of the Chute at 35[deg]08.5'' 
N, 090[deg]08.5'' W.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec.  100.801 of this part, no vessel or person shall enter the 
regulated area unless authorized by the Captain of the Port Sector 
Lower Mississippi River (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 
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) 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) Persons or vessels seeking to enter into or transit through the 
regulated area must request permission from the COTP or a designated 
representative. They may be contacted on VHF-FM channels 16 or by 
telephone at 1-866-777-2784.
    (7) If permission is granted, all persons and vessels must comply 
with the instructions of the COTP or designated representative.
    (8) 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.
    (9) 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.
    (10) The COTP or a designated representative will terminate 
enforcement of the regulated area at the conclusion of the event.
    (c) Effective period. This section is effective from 7 a.m. until 4 
p.m. on May 12, 2018.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through Broadcast Notices to 
Mariners (BNMs) of the enforcement period for the

[[Page 21174]]

regulated area as well as any changes in the dates and times of 
enforcement.

    Dated: April 23, 2018.
R. Tamez,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi 
River.
[FR Doc. 2018-09908 Filed 5-8-18; 8:45 am]
 BILLING CODE 9110-04-P