82_FR_12453 82 FR 12412 - Special Local Regulation; Black Warrior River; Tuscaloosa, AL

82 FR 12412 - Special Local Regulation; Black Warrior River; Tuscaloosa, AL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 41 (March 3, 2017)

Page Range12412-12414
FR Document2017-04149

The Coast Guard is establishing a temporary special local regulation on the Black Warrior River extending the entire width of the river from mile marker 338.5 to mile marker 339.5 in Tuscaloosa, AL. The special local regulation is needed to protect the persons participating in the USA Triathlon Collegiate National Championships marine event. This rulemaking restricts transit into, through and within the regulated area unless specifically authorized by the Captain of the Port Mobile.

Federal Register, Volume 82 Issue 41 (Friday, March 3, 2017)
[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Rules and Regulations]
[Pages 12412-12414]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04149]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0034]
RIN 1625-AA08


Special Local Regulation; Black Warrior River; Tuscaloosa, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation on the Black Warrior River extending the entire width of the 
river from mile marker 338.5 to mile marker 339.5 in Tuscaloosa, AL. 
The special local regulation is needed to protect the persons 
participating in the USA Triathlon Collegiate National Championships 
marine event. This rulemaking 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 5 a.m. on April 21, 2017 until 6 
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-
2017-0034 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 Fannie L. Wilks, Sector Mobile, Waterways Management 
Division, U.S. Coast Guard; telephone 251-441-5940, email 
Fannie.L.Wilks@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
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

[[Page 12413]]

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. At this time, it 
would be impracticable to complete the full notice and comment process 
because this special local regulation must be established on April 21, 
2017 and April 22, 2017.

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 triathlon event on April 21, 2017 
and April 22, 2017 will be a safety concern for anyone within the area 
of the Black Warrior River between mile marker 338.5 and mile marker 
339.5. This rule is needed to protect participants, spectators, and 
other persons and vessels during the Triathlon event on navigable 
waters.

IV. Discussion of the Rule

    This rule establishes a special local regulation on April 21, 2017 
and April 22, 2017, which will be enforced between the hours of 5 a.m. 
and 6 p.m. The special local regulation takes place on the Black 
Warrior River between mile marker 338.5 and mile marker 339.5, 
extending the entire width of the navigable channel. The duration of 
the regulation is intended to protect participants, spectators, and 
other persons and vessels before, during, and after the triathlon 
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. 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 (``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). 
Executive Order 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).
    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 one mile stretch of navigable 
waterway, during a short duration of eleven hours on two days on the 
Black Warrior River from mile marker 338.5 to 339.5 on April 21, 2017 
and April 22, 2017. 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 Mobile 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.

[[Page 12414]]

    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 11 hours on two 
days on the Black Warrior River between mile marker 338.5 and mile 
marker 339.5. It is categorically excluded from further review under 
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
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.  100.35T08-0034 to read as follows:


Sec.  100.35T08-0034  Special Local Regulation; Black Warrior River; 
Tuscaloosa, AL.

    (a) Regulated area. All navigable waters of the Black Warrior River 
between mile marker 338.5 and mile marker 339.5, Tuscaloosa, AL.
    (b) Period of enforcement. This rule will be enforced from 5 a.m. 
until 6 p.m. on April 21, 2017 and April 22, 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 Captain of the Port (COTP) Mobile 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 Mobile 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: February 3, 2017.
J.H. Snowden,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2017-04149 Filed 3-2-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                12412                Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Rules and Regulations

                                                do all applicable corrective actions, in                requirement is removed from that step or              DEPARTMENT OF HOMELAND
                                                accordance with the Accomplishment                      substep. An AMOC is required for any                  SECURITY
                                                Instructions of ASB 767–53A0265, R1. Do all             deviations to RC steps, including substeps
                                                applicable corrective actions before further            and identified figures.                               Coast Guard
                                                flight. Repeat the inspections specified in                (ii) Steps not labeled as RC may be
                                                paragraphs (g)(1) and (g)(2) of this AD
                                                                                                        deviated from using accepted methods in               33 CFR Part 100
                                                thereafter at the applicable intervals specified
                                                in paragraph 1.E., ‘‘Compliance,’’ of ASB               accordance with the operator’s maintenance
                                                                                                        or inspection program without obtaining               [Docket Number USCG–2017–0034]
                                                767–53A0265, R1.
                                                   (1) Do a detailed inspection and a surface           approval of an AMOC, provided the RC steps,           RIN 1625–AA08
                                                high frequency eddy current (HFEC)                      including substeps and identified figures, can
                                                inspection for cracking of the frame inner              still be done as specified, and the airplane          Special Local Regulation; Black
                                                chord and web common to the floor beam                  can be put back in an airworthy condition.            Warrior River; Tuscaloosa, AL
                                                joint in sections 41 and 43 on the left and
                                                right sides.                                            (k) Related Information                               AGENCY:    Coast Guard, DHS.
                                                   (2) Do a detailed inspection and a surface             (1) For more information about this AD,             ACTION:   Temporary final rule.
                                                HFEC inspection for cracking of the section             contact Wayne Lockett, Aerospace Engineer,
                                                43 and 46 frames common to the shear ties                                                                     SUMMARY:   The Coast Guard is
                                                                                                        Airframe Branch, ANM–120S, Seattle ACO,
                                                on the left and right sides.                                                                                  establishing a temporary special local
                                                                                                        FAA, 1601 Lind Avenue SW., Renton, WA
                                                (h) Service Information Exception                       98057 3356; phone: 425–917–6447; fax: 425–            regulation on the Black Warrior River
                                                  Where ASB 767–53A0265, R1 specifies a                 917–6590; email: wayne.lockett@faa.gov.               extending the entire width of the river
                                                compliance time ‘‘after the original issue date           (2) Service information identified in this          from mile marker 338.5 to mile marker
                                                of this service bulletin,’’ this AD requires            AD that is not incorporated by reference is           339.5 in Tuscaloosa, AL. The special
                                                compliance within the specified compliance              available at the addresses specified in               local regulation is needed to protect the
                                                time after the effective date of this AD.               paragraphs (l)(3) and (l)(4) of this AD.              persons participating in the USA
                                                (i) Credit for Previous Actions                                                                               Triathlon Collegiate National
                                                                                                        (l) Material Incorporated by Reference                Championships marine event. This
                                                   This paragraph provides credit for the
                                                actions specified in paragraph (g) of this AD,
                                                                                                           (1) The Director of the Federal Register           rulemaking restricts transit into, through
                                                if those actions were performed before the              approved the incorporation by reference               and within the regulated area unless
                                                effective date of this AD using Boeing Alert            (IBR) of the service information listed in this       specifically authorized by the Captain of
                                                Service Bulletin 767–53A0265, dated March               paragraph under 5 U.S.C. 552(a) and 1 CFR             the Port Mobile.
                                                18, 2015.                                               part 51.                                              DATES: This rule is effective from 5 a.m.
                                                                                                           (2) You must use this service information          on April 21, 2017 until 6 p.m. on April
                                                (j) Alternative Methods of Compliance
                                                                                                        as applicable to do the actions required by           22, 2017.
                                                (AMOCs)
                                                                                                        this AD, unless the AD specifies otherwise.
                                                   (1) The Manager, Seattle Aircraft                                                                          ADDRESSES: To view documents
                                                                                                           (i) Boeing Alert Service Bulletin 767–
                                                Certification Office (ACO), FAA, has the
                                                                                                        53A0265, Revision 1, dated March 18, 2016.            mentioned in this preamble as being
                                                authority to approve AMOCs for this AD, if                                                                    available in the docket, go to http://
                                                requested using the procedures found in 14                 (ii) Reserved.
                                                                                                           (3) For Boeing service information                 www.regulations.gov, type USCG–2017–
                                                CFR 39.19. In accordance with 14 CFR 39.19,                                                                   0034 in the ‘‘SEARCH’’ box and click
                                                send your request to your principal inspector           identified in this AD, contact Boeing
                                                or local Flight Standards District Office, as           Commercial Airplanes, Attention:                      ‘‘SEARCH.’’ Click on Open Docket
                                                appropriate. If sending information directly            Contractual & Data Services (C&DS), 2600              Folder on the line associated with this
                                                to the manager of the ACO, send it to the               Westminster Blvd., MC 110–SK57, Seal                  rule.
                                                attention of the person identified in                   Beach, CA 90740–5600; telephone 562–797–              FOR FURTHER INFORMATION CONTACT: If
                                                paragraph (k)(1) of this AD. Information may            1717; Internet https://                               you have questions on this rule, call or
                                                be emailed to: 9-ANM-Seattle-ACO-AMOC-                  www.myboeingfleet.com.                                email LT Fannie L. Wilks, Sector
                                                Requests@faa.gov.
                                                   (2) Before using any approved AMOC,
                                                                                                           (4) You may view this service information          Mobile, Waterways Management
                                                notify your appropriate principal inspector,            at the FAA, Transport Airplane Directorate,           Division, U.S. Coast Guard; telephone
                                                or lacking a principal inspector, the manager           1601 Lind Avenue SW., Renton, WA. For                 251–441–5940, email Fannie.L.Wilks@
                                                of the local flight standards district office/          information on the availability of this               uscg.mil.
                                                certificate holding district office.                    material at the FAA, call 425–227–1221.
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                   (3) An AMOC that provides an acceptable                 (5) You may view this service information
                                                level of safety may be used for any repair,             that is incorporated by reference at the              I. Table of Abbreviations
                                                modification, or alteration required by this            National Archives and Records
                                                AD if it is approved by the Boeing                                                                            CFR Code of Federal Regulations
                                                                                                        Administration (NARA). For information on             DHS Department of Homeland Security
                                                Commercial Airplanes Organization                       the availability of this material at NARA, call
                                                Designation Authorization (ODA) that has                                                                      FR Federal Register
                                                                                                        202–741–6030, or go to: http://                       NPRM Notice of proposed rulemaking
                                                been authorized by the Manager, Seattle
                                                ACO, to make those findings. To be                      www.archives.gov/federal-register/cfr/ibr-            PATCOM Patrol Commander
                                                approved, the repair method, modification               locations.html.                                       § Section
                                                deviation, or alteration deviation must meet                                                                  U.S.C. United States Code
                                                                                                          Issued in Renton, Washington, on February
                                                the certification basis of the airplane, and the        17, 2017.                                             II. Background Information and
                                                approval must specifically refer to this AD.
                                                   (4) For service information that contains            Michael Kaszycki,                                     Regulatory History
                                                steps that are labeled as Required for                  Acting Manager, Transport Airplane                      The Coast Guard is issuing this
mstockstill on DSK3G9T082PROD with RULES




                                                Compliance (RC), the provisions of                      Directorate, Aircraft Certification Service.          temporary rule without prior notice and
                                                paragraphs (j)(4)(i) and (j)(4)(ii) of this AD          [FR Doc. 2017–03964 Filed 3–2–17; 8:45 am]            opportunity to comment pursuant to
                                                apply.
                                                   (i) The steps labeled as RC, including               BILLING CODE 4910–13–P                                authority under section 4(a) of the
                                                substeps under an RC step and any figures                                                                     Administrative Procedure Act (APA) (5
                                                identified in an RC step, must be done to                                                                     U.S.C. 553(b)). This provision
                                                comply with the AD. If a step or substep is                                                                   authorizes an agency to issue a rule
                                                labeled ‘‘RC Exempt,’’ then the RC                                                                            without prior notice and opportunity to


                                           VerDate Sep<11>2014   16:07 Mar 02, 2017   Jkt 241001   PO 00000   Frm 00020   Fmt 4700   Sfmt 4700   E:\FR\FM\03MRR1.SGM   03MRR1


                                                                     Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Rules and Regulations                                         12413

                                                comment when the agency for good                        A. Regulatory Planning and Review                     businesses, not-for-profit organizations
                                                cause finds that those procedures are                      Executive Orders 12866 (‘‘Regulatory               that are independently owned and
                                                ‘‘impracticable, unnecessary, or contrary               Planning and Review’’) and 13563                      operated and are not dominant in their
                                                to the public interest.’’ Under 5 U.S.C.                (‘‘Improving Regulation and Regulatory                fields, and governmental jurisdictions
                                                553(b)(B), the Coast Guard finds that                   Review’’) direct agencies to assess the               with populations of less than 50,000.
                                                good cause exists for not publishing a                  costs and benefits of available regulatory            The Coast Guard certifies under 5 U.S.C.
                                                notice of proposed rulemaking (NPRM)                    alternatives and, if regulation is                    605(b) that this rule will not have a
                                                with respect to this rule because doing                 necessary, to select regulatory                       significant economic impact on a
                                                so would be impracticable. At this time,                approaches that maximize net benefits                 substantial number of small entities.
                                                it would be impracticable to complete                                                                            While some owners or operators of
                                                                                                        (including potential economic,
                                                the full notice and comment process                                                                           vessels intending to transit the regulated
                                                                                                        environmental, public health and safety
                                                because this special local regulation                                                                         area may be small entities, for the
                                                                                                        effects, distributive impacts, and
                                                must be established on April 21, 2017                                                                         reasons stated in section V.A above, this
                                                                                                        equity). Executive Order 13563
                                                and April 22, 2017.                                                                                           rule will not have a significant
                                                                                                        emphasizes the importance of
                                                III. Legal Authority and Need for Rule                  quantifying both costs and benefits, of               economic impact on any vessel owner
                                                                                                        reducing costs, of harmonizing rules,                 or operator.
                                                   The Coast Guard is issuing this rule
                                                                                                        and of promoting flexibility. Executive                  Under section 213(a) of the Small
                                                under authority in 33 U.S.C. 1233. The
                                                                                                        Order 13771 (‘‘Reducing Regulation and                Business Regulatory Enforcement
                                                Captain of the Port Mobile (COTP) has
                                                                                                        Controlling Regulatory Costs’’), directs              Fairness Act of 1996 (Pub. L. 104–121),
                                                determined that potential hazards
                                                                                                        agencies to reduce regulation and                     we want to assist small entities in
                                                associated with the triathlon event on
                                                                                                        control regulatory costs and provides                 understanding this rule. If the rule
                                                April 21, 2017 and April 22, 2017 will
                                                                                                        that ‘‘for every one new regulation                   would affect your small business,
                                                be a safety concern for anyone within
                                                                                                        issued, at least two prior regulations be             organization, or governmental
                                                the area of the Black Warrior River
                                                                                                        identified for elimination, and that the              jurisdiction and you have questions
                                                between mile marker 338.5 and mile
                                                                                                        cost of planned regulations be prudently              concerning its provisions or options for
                                                marker 339.5. This rule is needed to
                                                                                                        managed and controlled through a                      compliance, please contact the person
                                                protect participants, spectators, and
                                                                                                        budgeting process.’’                                  listed in the FOR FURTHER INFORMATION
                                                other persons and vessels during the
                                                                                                           The Office of Management and Budget                CONTACT section.
                                                Triathlon event on navigable waters.
                                                                                                        (OMB) has not designated this rule a                     Small businesses may send comments
                                                IV. Discussion of the Rule                              significant regulatory action under                   on the actions of Federal employees
                                                   This rule establishes a special local                section 3(f) of Executive Order 12866.                who enforce, or otherwise determine
                                                regulation on April 21, 2017 and April                  Accordingly, the Office of Management                 compliance with, Federal regulations to
                                                22, 2017, which will be enforced                        and Budget (OMB) has not reviewed it.                 the Small Business and Agriculture
                                                between the hours of 5 a.m. and 6 p.m.                  As this rule is not a significant                     Regulatory Enforcement Ombudsman
                                                The special local regulation takes place                regulatory action, this rule is exempt                and the Regional Small Business
                                                on the Black Warrior River between                      from the requirements of Executive                    Regulatory Fairness Boards. The
                                                mile marker 338.5 and mile marker                       Order 13771. See OMB’s Memorandum                     Ombudsman evaluates these actions
                                                339.5, extending the entire width of the                titled ‘‘Interim Guidance Implementing                annually and rates each agency’s
                                                navigable channel. The duration of the                  Section 2 of the Executive Order of                   responsiveness to small business. If you
                                                regulation is intended to protect                       January 30, 2017 titled ‘Reducing                     wish to comment on actions by
                                                participants, spectators, and other                     Regulation and Controlling Regulatory                 employees of the Coast Guard, call 1–
                                                persons and vessels before, during, and                 Costs’ ’’ (February 2, 2017).                         888–REG–FAIR (1–888–734–3247). The
                                                after the triathlon event. No vessel or                    This regulatory action determination               Coast Guard will not retaliate against
                                                person will be permitted to enter, transit              is based on the size, location, duration,             small entities that question or complain
                                                within or through, or exit the regulated                and time-of-year of the regulation. The               about this rule or any policy or action
                                                area without obtaining permission from                  special local regulation will take place              of the Coast Guard.
                                                the COTP or a designated                                on a one mile stretch of navigable                    C. Collection of Information
                                                representative. Spectator vessels                       waterway, during a short duration of
                                                desiring to enter, transit through or                   eleven hours on two days on the Black                   This rule will not call for a new
                                                within, or exit the regulated area may                  Warrior River from mile marker 338.5 to               collection of information under the
                                                request permission to do so from the                    339.5 on April 21, 2017 and April 22,                 Paperwork Reduction Act of 1995 (44
                                                Patrol Commander. When permitted to                     2017. Moreover, the Coast Guard will                  U.S.C. 3501–3520).
                                                transit the area vessels must follow                    issue Broadcast Notices to Mariners via               D. Federalism and Indian Tribal
                                                restrictions within the regulated area as               VHF–FM marine channel 16 about the                    Governments
                                                directed by the Coast Guard, and must                   regulation so that waterway users may
                                                operate at a minimum safe navigation                    plan accordingly for transits during this                A rule has implications for federalism
                                                speed in a manner which will not                        restriction. The rule also allows vessels             under Executive Order 13132,
                                                endanger participants in the regulated                  to seek permission from the COTP                      Federalism, if it has a substantial direct
                                                area or any other vessels.                              Mobile or a designated representative to              effect on the States, on the relationship
                                                                                                        enter the regulated area.                             between the national government and
                                                V. Regulatory Analyses                                                                                        the States, or on the distribution of
                                                                                                        B. Impact on Small Entities
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                                                  We developed this rule after                                                                                power and responsibilities among the
                                                considering numerous statutes and                         The Regulatory Flexibility Act of                   various levels of government. We have
                                                Executive orders related to rulemaking.                 1980, 5 U.S.C. 601–612, as amended,                   analyzed this rule under that Order and
                                                Below we summarize our analyses                         requires Federal agencies to consider                 have determined that it is consistent
                                                based on a number of these statutes and                 the potential impact of regulations on                with the fundamental federalism
                                                Executive orders, and we discuss First                  small entities during rulemaking. The                 principles and preemption requirements
                                                Amendment rights of protestors.                         term ‘‘small entities’’ comprises small               described in Executive Order 13132.


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                                                12414                Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Rules and Regulations

                                                   Also, this rule does not have tribal                 message can be received without                          (5) The patrol commander may forbid
                                                implications under Executive Order                      jeopardizing the safety or security of                and control the movement of all vessels
                                                13175, Consultation and Coordination                    people, places or vessels.                            in the regulated area. When hailed or
                                                with Indian Tribal Governments,                                                                               signaled by an official patrol vessel, a
                                                                                                        List of Subjects in 33 CFR Part 100
                                                because it does not have a substantial                                                                        vessel shall come to an immediate stop
                                                direct effect on one or more Indian                       Marine safety, Navigation (water),                  and comply with the directions given.
                                                tribes, on the relationship between the                 Reporting and recordkeeping                           Failure to do so may result in expulsion
                                                Federal Government and Indian tribes,                   requirements, Waterways.                              from the area, citation for failure to
                                                or on the distribution of power and                       For the reasons discussed in the                    comply, or both.
                                                responsibilities between the Federal                    preamble, the Coast Guard amends 33                      (6) Any spectator vessel may anchor
                                                Government and Indian tribes. If you                    CFR part 100 as follows:                              outside the regulated area, but may not
                                                believe this rule has implications for                                                                        anchor in, block, or loiter in a navigable
                                                federalism or Indian tribes, please                     PART 100—SAFETY OF LIFE ON                            channel. Spectator vessels may be
                                                contact the person listed in the FOR                    NAVIGABLE WATERS                                      moored to a waterfront facility within
                                                FURTHER INFORMATION CONTACT section                                                                           the regulated area in such a way that
                                                above.                                                  ■ 1. The authority citation for part 100              they shall not interfere with the progress
                                                                                                        continues to read as follows:                         of the event. Such mooring must be
                                                E. Unfunded Mandates Reform Act                             Authority: 33 U.S.C. 1233.                        complete at least 30 minutes prior to the
                                                  The Unfunded Mandates Reform Act                      ■ 2. Add § 100.35T08–0034 to read as                  establishment of the regulated area and
                                                of 1995 (2 U.S.C. 1531–1538) requires                   follows:                                              remain moored through the duration of
                                                Federal agencies to assess the effects of                                                                     the event.
                                                their discretionary regulatory actions. In              § 100.35T08–0034 Special Local                           (7) The Patrol Commander may
                                                particular, the Act addresses actions                   Regulation; Black Warrior River;                      terminate the event or the operation of
                                                that may result in the expenditure by a                 Tuscaloosa, AL.                                       any vessel at any time it is deemed
                                                State, local, or tribal government, in the                 (a) Regulated area. All navigable                  necessary for the protection of life or
                                                aggregate, or by the private sector of                  waters of the Black Warrior River                     property.
                                                $100,000,000 (adjusted for inflation) or                between mile marker 338.5 and mile                       (8) The Patrol Commander will
                                                more in any one year. Though this rule                  marker 339.5, Tuscaloosa, AL.                         terminate enforcement of the special
                                                will not result in such an expenditure,                    (b) Period of enforcement. This rule               local regulations at the conclusion of the
                                                we do discuss the effects of this rule                  will be enforced from 5 a.m. until 6 p.m.             event.
                                                elsewhere in this preamble.                             on April 21, 2017 and April 22, 2017.                    (d) Informational broadcasts. The
                                                                                                           (c) Special local regulations. (1) Entry           COTP Mobile or a designated
                                                F. Environment                                          into, transit within or through, or exit              representative will inform the public
                                                  We have analyzed this rule under                      from this area is prohibited unless                   through broadcast notices to mariners of
                                                Department of Homeland Security                         authorized by the Captain of the Port                 the enforcement period for the regulated
                                                Management Directive 023–01 and                         Mobile (COTP) or the designated Patrol                area as well as any changes in the date
                                                Commandant Instruction M16475.lD,                       Commander. The Coast Guard will                       and times of enforcement.
                                                which guide the Coast Guard in                          patrol the regulated area under the
                                                                                                                                                                Dated: February 3, 2017.
                                                complying with the National                             direction of a designated Coast Guard
                                                                                                                                                              J.H. Snowden,
                                                Environmental Policy Act of 1969 (42                    Patrol Commander. The Patrol
                                                U.S.C. 4321–4370f), and have                            Commander may be contacted on                         Captain, U.S. Coast Guard, Captain of the
                                                                                                                                                              Port Mobile.
                                                determined that this action is one of a                 Channel 16 VHF-FM (156.8 MHz) by the
                                                category of actions that do not                                                                               [FR Doc. 2017–04149 Filed 3–2–17; 8:45 am]
                                                                                                        call sign ‘‘PATCOM’’.
                                                individually or cumulatively have a                        (2) All persons and vessels not                    BILLING CODE 9110–04–P

                                                significant effect on the human                         registered with the sponsor as
                                                environment. This rule involves a                       participants or official patrol vessels are
                                                special local regulation lasting for 11                 considered spectators. The ‘‘official                 DEPARTMENT OF HOMELAND
                                                hours on two days on the Black Warrior                  patrol vessels’’ consist of any Coast                 SECURITY
                                                River between mile marker 338.5 and                     Guard, state, or local law enforcement                Coast Guard
                                                mile marker 339.5. It is categorically                  and sponsor provided vessels assigned
                                                excluded from further review under                      or approved by the Captain of the Port                33 CFR Part 100
                                                paragraph 34(h) of Figure 2–1 of the                    (COTP) Mobile to patrol the regulated
                                                Commandant Instruction. An                              area.                                                 [Docket No. USCG–2017–0037]
                                                environmental analysis checklist                           (3) Spectator vessels desiring to
                                                                                                        transit the regulated area may do so only             Special Local Regulation; Black
                                                supporting this determination and a
                                                                                                        with prior approval of the Patrol                     Warrior River; Tuscaloosa, AL
                                                Categorical Exclusion Determination are
                                                available in the docket where indicated                 Commander and when so directed by                     AGENCY:  Coast Guard, DHS.
                                                under ADDRESSES. We seek any                            that officer will be operated at a                    ACTION: Notice of enforcement of
                                                comments or information that may lead                   minimum safe navigation speed in a                    regulation.
                                                to the discovery of a significant                       manner which will not endanger
                                                environmental impact from this rule.                    participants in the regulated area or any             SUMMARY:   The Coast Guard will enforce
                                                                                                        other vessels.                                        a special local regulation on the Black
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                                                G. Protest Activities                                      (4) No spectator vessel shall anchor,              Warrior River extending the entire
                                                  The Coast Guard respects the First                    block, loiter, or impede the through                  width of the channel from mile marker
                                                Amendment rights of protesters.                         transit of participants or official patrol            339.0 to mile marker 341.5 in
                                                Protesters are asked to contact the                     vessels in the regulated area during the              Tuscaloosa, AL on March 25, 2017, to
                                                person listed in the FOR FURTHER                        effective dates and times, unless cleared             provide for the safety of life on
                                                INFORMATION CONTACT section to                          for entry by or through an official patrol            navigable waterways during the Rowing
                                                coordinate protest activities so that your              vessel.                                               Competition marine event. Our


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Document Created: 2018-02-01 14:46:07
Document Modified: 2018-02-01 14:46:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 5 a.m. on April 21, 2017 until 6 p.m. on April 22, 2017.
ContactIf you have questions on this rule, call or email LT Fannie L. Wilks, Sector Mobile, Waterways Management Division, U.S. Coast Guard; telephone 251-441-5940, email [email protected]
FR Citation82 FR 12412 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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