83_FR_5059 83 FR 5035 - Special Local Regulation; Black Warrior River; Tuscaloosa, AL

83 FR 5035 - Special Local Regulation; Black Warrior River; Tuscaloosa, AL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 24 (February 5, 2018)

Page Range5035-5037
FR Document2018-02159

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 339.0 to mile marker 341.5 in Tuscaloosa, AL. The special local regulation is needed to protect the persons participating in the NCAA Collegiate Rowing Competition marine event. Entry into, transiting through, or exiting from this regulated area is prohibited unless specifically authorized by the Captain of the Port Sector Mobile, or a designated representative.

Federal Register, Volume 83 Issue 24 (Monday, February 5, 2018)
[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)]
[Rules and Regulations]
[Pages 5035-5037]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02159]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0009]
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 339.0 to mile marker 341.5 in Tuscaloosa, AL. 
The special local regulation is needed to protect the persons 
participating in the NCAA Collegiate Rowing Competition marine event. 
Entry into, transiting through, or exiting from this regulated area is 
prohibited unless specifically authorized by the Captain of the Port 
Sector Mobile, or a designated representative.

DATES: This rule is effective from 6 a.m. until noon on February 24, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0009 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Kyle D. Berry, Sector Mobile, Waterways 
Management Division, U.S. Coast Guard; telephone 251-441-5940, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
event sponsors have informed the U.S. Coast Guard that a marine event 
will occur on February 24, 2018. After gathering all necessary 
information, including safety needs related to this event, the Coast 
Guard determined that this special local regulation is necessary for 
this event. It is impracticable to publish an NPRM because we must 
establish this special local regulation by February 24, 2018 and lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing this rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is necessary to protect persons and property 
from the dangers associated with the rowing 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 rowing event on February 24, 2018 
will be a safety concern for anyone within the area of the Black 
Warrior River between mile markers 339.0 and 341.5. This rule is needed 
to protect participants, spectators, and other persons and vessels 
during the rowing event on navigable waters.

IV. Discussion of the Rule

    This rule establishes a special local regulation on February 24, 
2018, which will be enforced between the 6 a.m. and noon. The special 
local regulation takes place on the Black Warrior River between mile 
markers 339.0 and 341.5, 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 rowing event. No vessel or person will be permitted to 
enter into, transit through, or exist the regulated area without 
obtaining permission from the COTP or a designated representative.
    The Coast Guard will patrol the regatta area under the direction of 
the COTP, or a designated representative. A designated representative 
may be a Coast Guard Patrol Commander (PATCOM). Patrol Commander 
(PATCOM) means a Coast Guard commissioned, warrant, or petty officer 
who has been designated by the COTP to monitor the rowing area, permit 
entry into the area, give legally enforceable orders to persons or 
vessels within the area, and take other actions authorized by the COTP. 
The PATCOM will be aboard either a Coast Guard or Coast Guard Auxiliary 
vessel. The PATCOM may be contacted on Channel 16 (156.8 MHZ) by the 
call sign ``Coast Guard Patrol Commander.''
    All persons and vessels not registered with the event sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the COTP to patrol the regulated area.
    Spectator vessels desiring to enter, transit through or within, or 
exit the regulated area may request permission to do so from the COTP 
or a PATCOM. When permitted to transit the area vessels must follow 
restrictions within the regulated area as directed by the Coast Guard, 
and must operate at a minimum safe navigation speed in a manner which 
will not endanger participants in the regulated area or any other 
vessels.
    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.

[[Page 5036]]

    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 
will 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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 Budget (OMB), and pursuant to OMB 
guidance it is exempt from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the regulation. The special 
local regulation will take place on a 2.5 mile stretch of the Black 
Warrior River between mile markers 339.0 and 341.5, during a short 
duration of six hours on February 24, 2018, which is a time of year 
experiencing lower than normal traffic. Moreover, the Coast Guard will 
issue Broadcast Notices to Mariners via VHF-FM marine channel 16 about 
the regulation so that waterway users may plan accordingly for transits 
during this restriction. The rule also allows vessels to seek 
permission from the COTP or a designated representative to enter the 
regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, which guides 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 only six hours on the Black Warrior River between mile markers 
339.0 and 341.5. It is categorically excluded from further

[[Page 5037]]

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

    Harbors, 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.  100.35T08-0009 to read as follows:


Sec.  100.35T08-0009  Special Local Regulation; Black Warrior River, 
Tuscaloosa, AL.

    (a) Regulated area. All navigable waters of the Black Warrior River 
between mile markers 339.0 and 341.5, Tuscaloosa, AL.
    (b) Period of enforcement. This section will be enforced from 6 
a.m. until noon on February 24, 2018.
    (c) 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 will 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 event sponsor 
as participants or official patrol vessels are considered spectators. 
The ``official patrol vessels'' consist of any Coast Guard, state, or 
local law enforcement and sponsor provided vessels assigned or approved 
by the COTP to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the COTP or a designated representative 
and when so directed by that officer will be operated at a minimum safe 
navigation speed in a manner 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) 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.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the regulated area as well as 
any changes in the date and times of enforcement.

    Dated: January 26, 2018.
M.R. Mclellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-02159 Filed 2-2-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Rules and Regulations                                            5035

                                              sterility, package integrity, and device                SUPPLEMENTARY INFORMATION:                            vessels during the rowing event on
                                              functionality over the specified shelf                                                                        navigable waters.
                                                                                                      I. Table of Abbreviations
                                              life.
                                                                                                                                                            IV. Discussion of the Rule
                                                 (7) Labeling must include the                        CFR Code of Federal Regulations
                                              following:                                              COTP Captain of the Port Sector Mobile                   This rule establishes a special local
                                                 (i) A detailed summary of the device                 DHS Department of Homeland Security                   regulation on February 24, 2018, which
                                              technical parameters;                                   FR Federal Register                                   will be enforced between the 6 a.m. and
                                                 (ii) A warning stating that the device               NPRM Notice of proposed rulemaking
                                                                                                      PATCOM Patrol Commander
                                                                                                                                                            noon. The special local regulation takes
                                              is only for use on clean, intact skin;                  §§ Section                                            place on the Black Warrior River
                                                 (iii) Instructions for use, including                U.S.C. United States Code                             between mile markers 339.0 and 341.5,
                                              placement of the device on the patient;                                                                       extending the entire width of the
                                              and                                                     II. Background Information and                        navigable channel. The duration of the
                                                 (iv) A shelf life.                                   Regulatory History                                    regulation is intended to protect
                                                Dated: January 31, 2018.                                 The Coast Guard is issuing this                    participants, spectators, and other
                                              Leslie Kux,                                             temporary rule without prior notice and               persons and vessels before, during, and
                                              Associate Commissioner for Policy.                      opportunity to comment pursuant to                    after the rowing event. No vessel or
                                              [FR Doc. 2018–02202 Filed 2–2–18; 8:45 am]              authority under section 4(a) of the                   person will be permitted to enter into,
                                                                                                      Administrative Procedure Act (APA) (5                 transit through, or exist the regulated
                                              BILLING CODE 4164–01–P
                                                                                                      U.S.C. 553(b)). This provision                        area without obtaining permission from
                                                                                                      authorizes an agency to issue a rule                  the COTP or a designated
                                                                                                      without prior notice and opportunity to               representative.
                                              DEPARTMENT OF HOMELAND                                                                                           The Coast Guard will patrol the
                                              SECURITY                                                comment when the agency for good
                                                                                                      cause finds that those procedures are                 regatta area under the direction of the
                                              Coast Guard                                             ‘‘impracticable, unnecessary, or contrary             COTP, or a designated representative. A
                                                                                                      to the public interest.’’ Under 5 U.S.C.              designated representative may be a
                                              33 CFR Part 100                                         553(b)(B), the Coast Guard finds that                 Coast Guard Patrol Commander
                                                                                                      good cause exists for not publishing a                (PATCOM). Patrol Commander
                                              [Docket Number USCG–2018–0009]                          notice of proposed rulemaking (NPRM)                  (PATCOM) means a Coast Guard
                                              RIN 1625–AA08                                           with respect to this rule because doing               commissioned, warrant, or petty officer
                                                                                                      so would be impracticable. The event                  who has been designated by the COTP
                                              Special Local Regulation; Black                         sponsors have informed the U.S. Coast                 to monitor the rowing area, permit entry
                                              Warrior River; Tuscaloosa, AL                           Guard that a marine event will occur on               into the area, give legally enforceable
                                                                                                      February 24, 2018. After gathering all                orders to persons or vessels within the
                                              AGENCY:    Coast Guard, DHS.                                                                                  area, and take other actions authorized
                                                                                                      necessary information, including safety
                                              ACTION:   Temporary final rule.                         needs related to this event, the Coast                by the COTP. The PATCOM will be
                                                                                                      Guard determined that this special local              aboard either a Coast Guard or Coast
                                              SUMMARY:   The Coast Guard is
                                                                                                      regulation is necessary for this event. It            Guard Auxiliary vessel. The PATCOM
                                              establishing a temporary special local
                                                                                                      is impracticable to publish an NPRM                   may be contacted on Channel 16 (156.8
                                              regulation on the Black Warrior River
                                                                                                      because we must establish this special                MHZ) by the call sign ‘‘Coast Guard
                                              extending the entire width of the river
                                                                                                      local regulation by February 24, 2018                 Patrol Commander.’’
                                              from mile marker 339.0 to mile marker
                                              341.5 in Tuscaloosa, AL. The special                    and lack sufficient time to provide a                    All persons and vessels not registered
                                              local regulation is needed to protect the               reasonable comment period and then                    with the event sponsor as participants
                                              persons participating in the NCAA                       consider those comments before issuing                or official patrol vessels are considered
                                              Collegiate Rowing Competition marine                    this rule.                                            spectators. The ‘‘official patrol vessels’’
                                              event. Entry into, transiting through, or                  Under 5 U.S.C. 553(d)(3), the Coast                consist of any Coast Guard, state, or
                                              exiting from this regulated area is                     Guard finds that good cause exists for                local law enforcement and sponsor
                                              prohibited unless specifically                          making this temporary rule effective less             provided vessels assigned or approved
                                              authorized by the Captain of the Port                   than 30 days after publication in the                 by the COTP to patrol the regulated
                                              Sector Mobile, or a designated                          Federal Register. Delaying the effective              area.
                                              representative.                                         date of this rule would be impracticable                 Spectator vessels desiring to enter,
                                                                                                      and contrary to the public interest                   transit through or within, or exit the
                                              DATES: This rule is effective from 6 a.m.               because immediate action is necessary                 regulated area may request permission
                                              until noon on February 24, 2018.                        to protect persons and property from the              to do so from the COTP or a PATCOM.
                                              ADDRESSES: To view documents                            dangers associated with the rowing                    When permitted to transit the area
                                              mentioned in this preamble as being                     event.                                                vessels must follow restrictions within
                                              available in the docket, go to http://                                                                        the regulated area as directed by the
                                              www.regulations.gov, type USCG–2018–                    III. Legal Authority and Need for Rule                Coast Guard, and must operate at a
                                              0009 in the ‘‘SEARCH’’ box and click                       The Coast Guard is issuing this rule               minimum safe navigation speed in a
                                              ‘‘SEARCH.’’ Click on Open Docket                        under authority in 33 U.S.C. 1233. The                manner which will not endanger
                                              Folder on the line associated with this                 Captain of the Port Sector Mobile                     participants in the regulated area or any
                                              rule.                                                   (COTP) has determined that potential                  other vessels.
nshattuck on DSK9F9SC42PROD with RULES




                                              FOR FURTHER INFORMATION CONTACT: If                     hazards associated with the rowing                       No spectator vessel shall anchor,
                                              you have questions on this rule, call or                event on February 24, 2018 will be a                  block, loiter, or impede the through
                                              email Lieutenant Kyle D. Berry, Sector                  safety concern for anyone within the                  transit of participants or official patrol
                                              Mobile, Waterways Management                            area of the Black Warrior River between               vessels in the regulated area during the
                                              Division, U.S. Coast Guard; telephone                   mile markers 339.0 and 341.5. This rule               effective dates and times, unless cleared
                                              251–441–5940, email Kyle.D.Berry@                       is needed to protect participants,                    for entry by or through an official patrol
                                              uscg.mil.                                               spectators, and other persons and                     vessel.


                                         VerDate Sep<11>2014   15:20 Feb 02, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4700   Sfmt 4700   E:\FR\FM\05FER1.SGM   05FER1


                                              5036              Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Rules and Regulations

                                                Any spectator vessel may anchor                       339.0 and 341.5, during a short duration              C. Collection of Information
                                              outside the regulated area, but may not                 of six hours on February 24, 2018,                      This rule will not call for a new
                                              anchor in, block, or loiter in a navigable              which is a time of year experiencing                  collection of information under the
                                              channel. Spectator vessels may be                       lower than normal traffic. Moreover, the              Paperwork Reduction Act of 1995 (44
                                              moored to a waterfront facility within                  Coast Guard will issue Broadcast                      U.S.C. 3501–3520).
                                              the regulated area in such a way that                   Notices to Mariners via VHF–FM marine
                                              they shall not interfere with the progress              channel 16 about the regulation so that               D. Federalism and Indian Tribal
                                              of the event. Such mooring must be                      waterway users may plan accordingly                   Governments
                                              complete at least 30 minutes prior to the               for transits during this restriction. The                A rule has implications for federalism
                                              establishment of the regulated area and                 rule also allows vessels to seek                      under Executive Order 13132,
                                              remain moored through the duration of                   permission from the COTP or a                         Federalism, if it has a substantial direct
                                              the event.                                              designated representative to enter the                effect on the States, on the relationship
                                                The COTP or a designated                              regulated area.                                       between the national government and
                                              representative may forbid and control                                                                         the States, or on the distribution of
                                              the movement of all vessels in the                      B. Impact on Small Entities
                                                                                                                                                            power and responsibilities among the
                                              regulated area. When hailed or signaled                                                                       various levels of government. We have
                                                                                                         The Regulatory Flexibility Act of
                                              by an official patrol vessel, a vessel shall                                                                  analyzed this rule under that Order and
                                                                                                      1980, 5 U.S.C. 601–612, as amended,
                                              come to an immediate stop and comply                                                                          have determined that it is consistent
                                                                                                      requires Federal agencies to consider
                                              with the directions given. Failure to do                                                                      with the fundamental federalism
                                                                                                      the potential impact of regulations on
                                              so may result in expulsion from the                                                                           principles and preemption requirements
                                                                                                      small entities during rulemaking. The
                                              area, citation for failure to comply, or                                                                      described in Executive Order 13132.
                                                                                                      term ‘‘small entities’’ comprises small
                                              both.                                                                                                            Also, this rule does not have tribal
                                                The COTP or a designated                              businesses, not-for-profit organizations
                                                                                                      that are independently owned and                      implications under Executive Order
                                              representative may terminate the event                                                                        13175, Consultation and Coordination
                                              or the operation of any vessel at any                   operated and are not dominant in their
                                                                                                      fields, and governmental jurisdictions                with Indian Tribal Governments,
                                              time it is deemed necessary for the                                                                           because it does not have a substantial
                                              protection of life or property. The COTP                with populations of less than 50,000.
                                                                                                      The Coast Guard certifies under 5 U.S.C.              direct effect on one or more Indian
                                              or a designated representative will                                                                           tribes, on the relationship between the
                                              terminate enforcement of the special                    605(b) that this rule will not have a
                                                                                                      significant economic impact on a                      Federal Government and Indian tribes,
                                              local regulations at the conclusion of the                                                                    or on the distribution of power and
                                              event.                                                  substantial number of small entities.
                                                                                                                                                            responsibilities between the Federal
                                                                                                         While some owners or operators of                  Government and Indian tribes. If you
                                              V. Regulatory Analyses                                  vessels intending to transit the regulated            believe this rule has implications for
                                                We developed this rule after                          area may be small entities, for the                   federalism or Indian tribes, please
                                              considering numerous statutes and                       reasons stated in section V.A above, this             contact the person listed in the FOR
                                              Executive orders related to rulemaking.                 rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                              Below we summarize our analyses                         economic impact on any vessel owner                   above.
                                              based on a number of these statutes and                 or operator.
                                              Executive orders, and we discuss First                                                                        E. Unfunded Mandates Reform Act
                                                                                                         Under section 213(a) of the Small
                                              Amendment rights of protestors.                         Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                              A. Regulatory Planning and Review                       Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                      we want to assist small entities in                   Federal agencies to assess the effects of
                                                 Executive Orders 12866 and 13563                                                                           their discretionary regulatory actions. In
                                              direct agencies to assess the costs and                 understanding this rule. If the rule
                                                                                                      would affect your small business,                     particular, the Act addresses actions
                                              benefits of available regulatory                                                                              that may result in the expenditure by a
                                              alternatives and, if regulation is                      organization, or governmental
                                                                                                      jurisdiction and you have questions                   State, local, or tribal government, in the
                                              necessary, to select regulatory                                                                               aggregate, or by the private sector of
                                              approaches that maximize net benefits.                  concerning its provisions or options for
                                                                                                      compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                              Executive Order 13771 directs agencies                                                                        more in any one year. Though this rule
                                              to control regulatory costs through a                   listed in the FOR FURTHER INFORMATION
                                                                                                                                                            will not result in such an expenditure,
                                                                                                      CONTACT section.
                                              budgeting process. Executive Order                                                                            we do discuss the effects of this rule
                                              13563 emphasizes the importance of                         Small businesses may send comments                 elsewhere in this preamble.
                                              quantifying both costs and benefits, of                 on the actions of Federal employees
                                              reducing costs, of harmonizing rules,                   who enforce, or otherwise determine                   F. Environment
                                              and of promoting flexibility. This rule                 compliance with, Federal regulations to                  We have analyzed this rule under
                                              has not been designated a ‘‘significant                 the Small Business and Agriculture                    Department of Homeland Security
                                              regulatory action,’’ under Executive                    Regulatory Enforcement Ombudsman                      Directive 023–01, which guides the
                                              Order 12866. Accordingly, it has not                    and the Regional Small Business                       Coast Guard in complying with the
                                              been reviewed by the Office of                          Regulatory Fairness Boards. The                       National Environmental Policy Act of
                                              Management and Budget Budget (OMB),                     Ombudsman evaluates these actions                     1969(42 U.S.C. 4321–4370f), and have
                                              and pursuant to OMB guidance it is                      annually and rates each agency’s                      determined that this action is one of a
                                              exempt from the requirements of                         responsiveness to small business. If you              category of actions that do not
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                                              Executive Order 13771.                                  wish to comment on actions by                         individually or cumulatively have a
                                                 This regulatory action determination                 employees of the Coast Guard, call                    significant effect on the human
                                              is based on the size, location, duration,               1–888–REG–FAIR (1–888–734–3247).                      environment. This rule involves a
                                              and time-of-year of the regulation. The                 The Coast Guard will not retaliate                    special local regulation lasting only six
                                              special local regulation will take place                against small entities that question or               hours on the Black Warrior River
                                              on a 2.5 mile stretch of the Black                      complain about this rule or any policy                between mile markers 339.0 and 341.5.
                                              Warrior River between mile markers                      or action of the Coast Guard.                         It is categorically excluded from further


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                                                                Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Rules and Regulations                                                5037

                                              review under paragraph L61 of                           or approved by the COTP to patrol the                 DEPARTMENT OF TRANSPORTATION
                                              Appendix A, Table 1 of DHS Instruction                  regulated area.
                                              Manual 023–01–001–01, Rev. 01. A                                                                              Pipeline and Hazardous Materials
                                                                                                         (3) Spectator vessels desiring to
                                              Record of Environmental Consideration                                                                         Safety Administration
                                                                                                      transit the regulated area may do so only
                                              (REC) supporting this determination is                  with prior approval of the COTP or a
                                              available in the docket where indicated                                                                       49 CFR Part 171
                                                                                                      designated representative and when so
                                              under ADDRESSES.
                                                                                                      directed by that officer will be operated             General Information, Regulations, and
                                              G. Protest Activities                                   at a minimum safe navigation speed in                 Definitions
                                                The Coast Guard respects the First                    a manner which will not endanger
                                                                                                      participants in the regulated area or any             CFR Correction
                                              Amendment rights of protesters.
                                              Protesters are asked to contact the                     other vessels.                                           In Title 49 of the Code of Federal
                                              person listed in the FOR FURTHER                           (4) No spectator vessel shall anchor,              Regulations, Parts 100 to 177, revised as
                                              INFORMATION CONTACT section to                          block, loiter, or impede the through                  of October 1, 2017, on page 131, in
                                              coordinate protest activities so that your              transit of participants or official patrol            § 171.8, reinstate the definition of
                                              message can be received without                         vessels in the regulated area during the              ‘‘specification packaging’’ to read as
                                              jeopardizing the safety or security of                                                                        follows:
                                                                                                      effective dates and times, unless cleared
                                              people, places or vessels.                              for entry by or through an official patrol            § 171.8    Definitions and abbreviations.
                                              List of Subjects in 33 CFR Part 100                     vessel.                                               *     *     *    *     *
                                                Harbors, Marine safety, Navigation                       (5) Any spectator vessel may anchor                  Specification packaging means a
                                              (water), Reporting and recordkeeping                    outside the regulated area, but may not               packaging conforming to one of the
                                              requirements, Waterways.                                anchor in, block, or loiter in a navigable            specifications or standards for
                                                For the reasons discussed in the                      channel. Spectator vessels may be                     packagings in part 178 or part 179 of
                                              preamble, the Coast Guard amends 33                     moored to a waterfront facility within                this subchapter.
                                              CFR part 100 as follows:                                the regulated area in such a way that                 *     *     *    *     *
                                                                                                      they shall not interfere with the progress            [FR Doc. 2018–02303 Filed 2–2–18; 8:45 am]
                                              PART 100—SAFETY OF LIFE ON                              of the event. Such mooring must be                    BILLING CODE 1301–00–D
                                              NAVIGABLE WATERS                                        complete at least 30 minutes prior to the
                                              ■ 1. The authority citation for part 100                establishment of the regulated area and
                                                                                                      remain moored through the duration of                 DEPARTMENT OF THE INTERIOR
                                              continues to read as follows:
                                                                                                      the event.
                                                Authority: 33 U.S.C. 1233; 33 CFR                                                                           Fish and Wildlife Service
                                              1.05–1.                                                    (6) The COTP or a designated
                                                                                                      representative may forbid and control                 50 CFR Part 20
                                              ■ 2. Add § 100.35T08–0009 to read as
                                              follows:                                                the movement of all vessels in the
                                                                                                      regulated area. When hailed or signaled               [Docket No. FWS–HQ–MB–2016–0051;
                                                                                                                                                            FF09M21200–178–FXMB1231099BPP0]
                                              § 100.35T08–0009 Special Local                          by an official patrol vessel, a vessel shall
                                              Regulation; Black Warrior River,                        come to an immediate stop and comply                  RIN 1018–BB40
                                              Tuscaloosa, AL.                                         with the directions given. Failure to do
                                                 (a) Regulated area. All navigable                    so may result in expulsion from the                   Migratory Bird Hunting; Migratory Bird
                                              waters of the Black Warrior River                       area, citation for failure to comply, or              Hunting Regulations on Certain
                                              between mile markers 339.0 and 341.5,                   both.                                                 Federal Indian Reservations and
                                              Tuscaloosa, AL.                                                                                               Ceded Lands for the 2017–18 Season
                                                 (b) Period of enforcement. This                         (7) The COTP or a designated
                                              section will be enforced from 6 a.m.                    representative may terminate the event                AGENCY:   Fish and Wildlife Service,
                                              until noon on February 24, 2018.                        or the operation of any vessel at any                 Interior.
                                                 (c) Special local regulations. (1) In                time it is deemed necessary for the                   ACTION: Final rule.
                                              accordance with the general regulations                 protection of life or property.
                                                                                                                                                            SUMMARY:   This rule prescribes special
                                              in § 100.801, entry into, transit within or                (8) The COTP or a designated                       migratory bird hunting regulations for
                                              through, or exit from this area is                      representative will terminate                         certain Tribes on Federal Indian
                                              prohibited unless authorized by the                     enforcement of the special local                      reservations, off-reservation trust lands,
                                              Captain of the Port Sector Mobile                       regulations at the conclusion of the                  and ceded lands. This rule responds to
                                              (COTP) or a designated representative.                  event.                                                tribal requests for U.S. Fish and Wildlife
                                              A designated representative may be a
                                                                                                         (d) Informational broadcasts. The                  Service (hereinafter Service or we)
                                              Patrol Commander (PATCOM). The
                                                                                                      COTP or a designated representative                   recognition of their authority to regulate
                                              PATCOM will be aboard either a Coast
                                                                                                      will inform the public through                        hunting under established guidelines.
                                              Guard or Coast Guard Auxiliary vessel.
                                                                                                      broadcast notices to mariners of the                  This rule allows the establishment of
                                              The Patrol Commander may be
                                                                                                      enforcement period for the regulated                  season bag limits and, thus, harvest at
                                              contacted on Channel 16 VHF–FM
                                                                                                      area as well as any changes in the date               levels compatible with populations and
                                              (156.8 MHz) by the call sign
                                                                                                      and times of enforcement.                             habitat conditions.
                                              ‘‘PATCOM’’.
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                                                 (2) All persons and vessels not                                                                            DATES: This rule takes effect on
                                                                                                        Dated: January 26, 2018.
                                              registered with the event sponsor as                                                                          February 5, 2018.
                                                                                                      M.R. Mclellan,
                                              participants or official patrol vessels are                                                                   ADDRESSES: You may inspect comments
                                              considered spectators. The ‘‘official                   Captain, U.S. Coast Guard, Captain of the             received on the special hunting
                                              patrol vessels’’ consist of any Coast                   Port Sector Mobile.                                   regulations and Tribal proposals during
                                              Guard, state, or local law enforcement                  [FR Doc. 2018–02159 Filed 2–2–18; 8:45 am]            normal business hours at U.S. Fish and
                                              and sponsor provided vessels assigned                   BILLING CODE 9110–04–P                                Wildlife Headquarters, 5275 Leesburg


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Document Created: 2018-02-03 01:25:03
Document Modified: 2018-02-03 01:25:03
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 6 a.m. until noon on February 24, 2018.
ContactIf you have questions on this rule, call or email Lieutenant Kyle D. Berry, Sector Mobile, Waterways Management Division, U.S. Coast Guard; telephone 251-441-5940, email [email protected]
FR Citation83 FR 5035 
RIN Number1625-AA08
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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