83 FR 17751 - Special Local Regulation; Black Warrior River, Tuscaloosa, AL
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 79 (April 24, 2018)
Coast Guard
Federal Register Volume 83, Issue 79 (April 24, 2018)
| Page Range | 17751-17754 | |
| FR Document | 2018-08463 |
[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)] [Rules and Regulations] [Pages 17751-17754] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08463] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2018-0014] 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 (MM) 338.5 to MM 339.5 in Tuscaloosa, AL. This special local regulation is necessary to protect the persons participating in the USA Triathlon Collegiate National Championships marine event. This regulation restricts transit into, through, and within the regulated area unless specifically authorized by the Captain of the Port Sector Mobile (COTP) or a designated representative. DATES: This rule is effective from 4 a.m. on April 27, 2018 through 6 p.m. on April 28, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0014 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Kyle D. Berry, Sector Mobile, Waterways Management Division, U.S. Coast Guard; telephone 251-441-5940, email [email protected]. SUPPLEMENTARY INFORMATION: [[Page 17752]] I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Mobile DHS Department of Homeland Security FR Federal Register MM Mile marker NPRM Notice of proposed rulemaking PATCOM Patrol Commander Sec. Section U.S.C. United States Code II. Background Information and Regulatory History On November 31, 2017, the sponsor for the USA Triathlon Collegiate National Championships marine event submitted an application for a marine event permit for the event from 4 a.m. on April 27, 2018 through 6 p.m. on April 28, 2018. In response, on March 2, 2018, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Special Local Regulation; Black Warrior River, Tuscaloosa, AL (83 FR 8955). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this triathlon event. During the comment period that ended April 2, 2018, we received one comment. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register because it is impracticable and contrary to the public interest. Delaying the effective date of this rule would delay the safety measures necessary to respond to potential safety hazards associated with this triathlon event. Immediate action is needed to protect participants, spectators, and other persons and vessels during the triathlon event. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1233. The Captain of the Port Sector Mobile (COTP) has determined that potential hazards associated with the triathlon event on April 27, 2018 and April 28, 2018 will be a safety concern for anyone within the area of the Black Warrior River between mile markers (MMs) 338.5 and 339.5. The purpose of this rule is to protect participants, spectators, and other persons and vessels before, during, and after the Triathlon event. IV. Discussion of the Rule As noted above, we received one comment on our NPRM published March 2, 2018. The comment received was unrelated to the subject matter of this rulemaking. However, the regulatory text has been changed from the proposed rule in the NPRM to include specific times for daily enforcement during the effective period. This rule establishes a special local regulation on April 27, 2018 and April 28, 2018, which will be enforced between the hours of 4 a.m. and 6 p.m. daily. The regulated area will cover all navigable waters of the Black Warrior River between MMs 338.5 and 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. A designated representative may be a Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Patrol Commander 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 Captain of the Port (COTP) Mobile to patrol the regulated area. Spectator vessels desiring to enter, transit through or within, or exit the regulated area may do so only with permission from the Patrol Commander, and when permitted, must operate at a minimum safe navigation speed in a manner which 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. 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 would terminate enforcement of the special local regulations 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 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. 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 27, 2018 and April 28, 2018. Moreover, the Coast Guard will issue Broadcast Notices to Mariners (BNMs) via VHF-FM marine channel 16 about the regulation so that waterway users may plan accordingly for transits during this restriction. The rule also allows vessels to seek permission from the COTP or a designated representative to enter the regulated area. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions [[Page 17753]] 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 regulated area may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security 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 special local regulation on the Black Warrior River, extending the entire width of the river, from MM 338.5 to MM 339.5. It is categorically excluded from further review under paragraph L61 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 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; 33 CFR 1.05-1. 0 2. Add Sec. 100.35T08-0014 to read as follows: Sec. 100.35T08-0014 Special Local Regulation; Black Warrior River, Tuscaloosa, AL. (a) Regulated area. All navigable waters of the Black Warrior River between mile markers 338.5 and 339.5 in Tuscaloosa, AL. (b) Effective period. This section is effective from 4 a.m. on April 27, 2018 through 6 p.m. on April 28, 2018. (c) Enforcement periods. This section will be enforced from 4 a.m. through 6 p.m. daily from April 27, 2018 through April 28, 2018. (d) Special local regulations. (1) In accordance with the general regulations in Sec. 100.801, entry into, transit within or through, or exit 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 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 [[Page 17754]] 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 will terminate enforcement of the special local regulations at the conclusion of the event. (e) 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. 2018-08463 Filed 4-23-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Rules and Regulations 17751
collection of information subject to the 108–19, 19 U.S.C. Section 3901 et seq. Control (OFAC) also has enforcement
requirements of the Paperwork (CDTA), and Executive Order 13312, authority pursuant to section 5(a) of the
Reduction Act (PRA), unless that and not Title 13, U.S.C. CDTA, Executive Order 13312, and
collection of information displays a ■ 4. Amend § 30.7 by revising paragraph Rough Diamonds Control Regulations
current, valid Office of Management and (c) to read as follows: (31 CFR part 592). CBP, ICE, and OFAC
Budget (OMB) control number. This rule are authorized to enforce provisions of
contains a collection-of-information § 30.7 Annotating the bill of lading, air the CDTA providing the following civil
subject to the requirements of the PRA waybill, or other commercial loading and criminal penalties:
documents with proof of filing citations,
(44 U.S.C. 3501 et seq.) and that has * * * * *
and exemption legends.
been approved under OMB control
* * * * * Dated: April 17, 2018.
number 0607–0152.
(c) Exports of rough diamonds Ron S. Jarmin,
List of Subjects in 15 CFR Part 30 classified under HS subheadings Associate Director for Economic Programs,
Economic statistics, Exports, Foreign 7102.10, 7102.21, and 7102.31 require performing the non-exclusive functions and
trade, Reporting and recordkeeping the proof of filing citation, as stated in duties of the Director, Bureau of the Census.
requirements. paragraph (b) of this section, to be [FR Doc. 2018–08518 Filed 4–23–18; 8:45 am]
For the reasons set out in the indicated on the Kimberley Process BILLING CODE 3510–07–P
preamble, the Census Bureau amends 15 Certificate (KPC). In addition, the KPC
CFR part 30 as follows: must be faxed by the USPPI or U.S.
authorized agent to the Census Bureau DEPARTMENT OF HOMELAND
PART 30—FOREIGN TRADE on (800) 457–7328, or provided by other SECURITY
REGULATIONS methods as permitted by the Census
Bureau, immediately after export of the Coast Guard
■ 1. The authority citation for 15 CFR shipment from the United States.
part 30 continues to read as follows: ■ 5. Amend § 30.50 by revising 33 CFR Part 100
Authority: 5 U.S.C. 301; 13 U.S.C. 301– paragraph (c) to read as follows:
307; Reorganization plan No. 5 of 1990 (3 [Docket Number USCG–2018–0014]
CFR 1949–1953 Comp., p. 1004); Department § 30.50 General requirements for filing
import entries. RIN 1625–AA08
of Commerce Organization Order No. 35–2A,
July 22, 1987, as amended, and No. 35–2B, * * * * * Special Local Regulation; Black
December 20, 1996, as amended; Pub. L. 107– (c) The Kimberley Process Certificate
228, 116 Stat. 1350. Warrior River, Tuscaloosa, AL
(KPC) for all imports of rough diamonds
■ 2. Amend § 30.1(c) by adding classified under HS subheadings AGENCY: Coast Guard, DHS.
definitions for ‘‘Kimberley Process 7102.10, 7102.21, 7102.31 must be faxed ACTION: Temporary final rule.
Certificate (KPC)’’ and ‘‘Voided by the importer or customs broker to the
Kimberley Process Certificate’’ in Census Bureau on (800) 457–7328, or SUMMARY: The Coast Guard is
alphabetical order to read as follows: provided by other methods as permitted establishing a temporary special local
by the Census Bureau, immediately after regulation on the Black Warrior River,
§ 30.1 Purpose and definitions. extending the entire width of the river,
entry of the shipment in the United
* * * * * States. from mile marker (MM) 338.5 to MM
(c) * * * 339.5 in Tuscaloosa, AL. This special
■ 6. Amend § 30.60 by adding a note to
Kimberley Process Certificate (KPC). A local regulation is necessary to protect
read as follows:
forgery resistant document used to the persons participating in the USA
certify the origin of rough diamonds § 30.60 Confidentiality of Electronic Export Triathlon Collegiate National
from sources which are free of conflict. Information. Championships marine event. This
* * * * * * * * * * regulation restricts transit into, through,
Voided Kimberley Process Certificate. Note to § 30.60: Kimberley Process and within the regulated area unless
A Kimberley Process Certificate Certificates (KPCs), including voided specifically authorized by the Captain of
intended to be used for the exportation KPCs, provided to the Census Bureau the Port Sector Mobile (COTP) or a
of rough diamonds from the United pursuant to the Clean Diamond Trade designated representative.
States that has been cancelled for Act, Executive Order 13312, and this DATES: This rule is effective from 4 a.m.
reasons such as loss or error. part are not considered EEI and are not on April 27, 2018 through 6 p.m. on
* * * * * confidential under Title 13. KPCs and April 28, 2018.
■ 3. Amend § 30.4 by adding paragraph voided KPCs may be protected from
ADDRESSES: To view documents
(e) to read as follows: public disclosure by the Privacy Act or
mentioned in this preamble as being
other applicable nondisclosure statutes.
§ 30.4 Electronic Export Information filing
available in the docket, go to http://
■ 7. Amend § 30.70 by revising the www.regulations.gov, type USCG–2018–
procedures, deadlines, and certification introductory text to read as follows:
statements. 0014 in the ‘‘SEARCH’’ box and click
* * * * * § 30.70 Violation of the Clean Diamond ‘‘SEARCH.’’ Click on Open Docket
(e) Collection of KPCs and voided Trade Act. Folder on the line associated with this
KPCs. Any voided KPC must be faxed by Section 8(c) of the Clean Diamond rule.
jstallworth on DSKBBY8HB2PROD with RULES
the voiding party to the Census Bureau Trade Act (CDTA) authorizes U.S. FOR FURTHER INFORMATION CONTACT: If
on (800) 457–7328, or provided by other Customs and Border Protection (CBP) you have questions on this rule, call or
methods as permitted by the Census and U.S. Immigration and Customs email LT Kyle D. Berry, Sector Mobile,
Bureau, immediately upon voiding. The Enforcement (ICE) to enforce the laws Waterways Management Division, U.S.
collection of KPCs, including voided and regulations governing exports of Coast Guard; telephone 251–441–5940,
KPCs, is performed pursuant to the rough diamonds. The Treasury email Kyle.D.Berry@uscg.mil.
Clean Diamond Trade Act, Public Law Department’s Office of Foreign Assets SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014 14:18 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\24APR1.SGM 24APR1](https://thefederalregister.org/doc/83_FR_17830/page/1.svg)
![17754 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Rules and Regulations
vessels in the regulated area during the certain navigable waters on the Sound over the Biloxi Harbor Channel
effective dates and times, unless cleared Mississippi Sound over the Biloxi in Biloxi, MS. The purpose of this rule
for entry by or through an official patrol Harbor Channel in Biloxi, MS. This is to ensure the safety of vessels and
vessel. action is necessary to provide for the persons before, during, and after the air
(5) Any spectator vessel may anchor safety of life and property on these show.
outside the regulated area, but may not navigable waters during the 2018 Biloxi
IV. Discussion of the Rule
anchor in, block, or loiter in a navigable Air Show. This regulation prohibits
channel. Spectator vessels may be persons and vessels from entering the As noted above, we received no
moored to a waterfront facility within safety zone unless authorized by the comments on our NPRM published on
the regulated area in such a way that Captain of the Port Sector Mobile March 9, 2018. There are no changes in
they shall not interfere with the progress (COTP) or a designated representative. the regulatory text of this rule from the
of the event. Such mooring must be DATES: This rule is effective from 9 a.m. NPRM.
complete at least 30 minutes prior to the on July 19, 2018 through 5 p.m. on July This rule establishes a temporary
establishment of the regulated area and 22, 2018. safety zone on the Mississippi Sound
remain moored through the duration of within the positions of 30°23′22.6″ N
ADDRESSES: To view documents
the event. 88°50′54.9″ W; 30°23′25.5″ N
mentioned in this preamble as being
(6) The COTP or a designated 88°53′12.1″ W; 30°22′52.3″ N
available in the docket, go to http://
representative may forbid and control 88°50′55.8″ W; 30°22′56.3″ N
www.regulations.gov, type USCG–2018–
the movement of all vessels in the 88°53′11.9″ W over the Biloxi Harbor
0083 in the ‘‘SEARCH’’ box and click
regulated area. When hailed or signaled Channel in Biloxi, MS from 9 a.m.
‘‘SEARCH.’’ Click on Open Docket
by an official patrol vessel, a vessel shall through 5 p.m. on July 19, 2018 through
Folder on the line associated with this
come to an immediate stop and comply July 22, 2018. This rule is intended to
rule.
with the directions given. Failure to do ensure the safety of vessels and persons
FOR FURTHER INFORMATION CONTACT: If before, during, and after the 2018 Biloxi
so may result in expulsion from the you have questions on this rule, call or
area, citation for failure to comply, or Air Show. No vessel or person is
email Lieutenant Kyle D. Berry, Sector permitted to enter the zone without
both. Mobile, Waterways Management
(7) The COTP or a designated obtaining permission from the COTP or
Division, U.S. Coast Guard; telephone a designated representative. A
representative may terminate the event 251–441–5940, email Kyle.D.Berry@
or the operation of any vessel at any designated representative may be a
uscg.mil. Patrol Commander (PATCOM). The
time it is deemed necessary for the
SUPPLEMENTARY INFORMATION: PATCOM maybe aboard either a Coast
protection of life or property.
(8) The COTP or a designated Guard or Coast Guard Auxiliary vessel.
I. Table of Abbreviations
representative will terminate The PATCOM may be contacted on
CFR Code of Federal Regulations Channel 16 VHF–FM (156.8 MHz) by
enforcement of the special local COTP Captain of the Port Sector Mobile the call sign ‘‘PATCOM’’. All persons
regulations at the conclusion of the DHS Department of Homeland Security and vessels not registered with the
event. FR Federal Register
sponsor as participants or official patrol
(e) Informational broadcasts. The NPRM Notice of proposed rulemaking
§ Section vessels are considered spectators. The
COTP or a designated representative
U.S.C. United States Code ‘‘official patrol vessels’’ consist of any
will inform the public through
Coast Guard, state, or local law
Broadcast Notices to Mariners of the II. Background Information and enforcement and sponsor provided
enforcement period for the temporary Regulatory History vessels assigned or approved by the
safety zone as well as any changes in the
On January 3, 2018, the sponsor for COTP to patrol the zone.
planned schedule. Spectator vessels desiring to transit
the 2018 Biloxi Air Show submitted an
Dated: April 17, 2018. application for a marine event permit the zone may do so only with prior
M.R. McLellan, for the air show that will take place approval of the PATCOM and when so
Captain, U.S. Coast Guard, Captain of the every day from 9 a.m. through 5 p.m. directed by that officer shall be operated
Port Sector Mobile. from July 19, 2018 through July 22, at a minimum safe navigation speed in
[FR Doc. 2018–08463 Filed 4–23–18; 8:45 am] 2018. In response, on March 9, 2018, the a manner that will not endanger any
BILLING CODE 9110–04–P Coast Guard published a notice of other vessels. No spectator vessel shall
proposed rulemaking (NPRM) titled anchor, block, loiter, or impede the
Safety Zone; Mississippi Sound, Biloxi, through transit of official patrol vessels
DEPARTMENT OF HOMELAND MS (83 FR 10419). There we stated why in the zone during the effective dates
SECURITY we issued the NPRM, and invited and times, unless cleared for entry by or
comments on our proposed regulatory through an official patrol vessel. Any
Coast Guard action related to this air show. During spectator vessel may anchor outside the
the comment period that ended April 9, zone, but may not anchor in, block, or
33 CFR Part 165 2018, we received no comments. loiter in a navigable channel. Spectator
[Docket Number USCG–2018–0083] vessels may be moored to a waterfront
III. Legal Authority and Need for Rule facility within the zone in such a way
RIN 1625–AA00 The Coast Guard is issuing this rule that they shall not interfere with the
under authority in 33 U.S.C. 1231. The progress of the air show. Such mooring
jstallworth on DSKBBY8HB2PROD with RULES
Safety Zone; Mississippi Sound, Biloxi, Captain of the Port Sector Mobile must be complete at least 30 minutes
MS (COTP) has determined that potential prior to the establishment of the zone
AGENCY: Coast Guard, DHS. hazards associated with the air show on and remain moored through the
ACTION: Temporary final rule. July 19, 2018 and July 22, 2018 will be duration of the air show.
a safety concern for any vessels or The COTP or a designated
SUMMARY: The Coast Guard is persons in the vicinity of waters of the representative may forbid and control
establishing a temporary safety zone for navigable waters on the Mississippi the movement of all vessels in the zone.
VerDate Sep<11>2014 14:18 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\24APR1.SGM 24APR1](https://thefederalregister.org/doc/83_FR_17830/page/4.svg)
Document Created: 2018-04-24 00:39:44
Document Modified: 2018-04-24 00:39:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 4 a.m. on April 27, 2018 through 6 p.m. on April 28, 2018. | |
| Contact | If you have questions on this rule, call or email LT Kyle D. Berry, Sector Mobile, Waterways Management Division, U.S. Coast Guard; telephone 251-441-5940, email [email protected] | |
| FR Citation | 83 FR 17751 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR