83 FR 8955 - Special Local Regulation; Black Warrior River, Tuscaloosa, AL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 42 (March 2, 2018)

Page Range		8955-8957
FR Document		2018-04254

Federal Register, Volume 83 Issue 42 (Friday, March 2, 2018)

[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Proposed Rules]
[Pages 8955-8957]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-04254]

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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary special
local regulation on the Black Warrior River extending the entire width
of the river from mile marker 338.5 to mile marker 339.5 in Tuscaloosa,
AL. The proposed rulemaking is needed to protect the persons
participating in the USA Triathlon Collegiate National Championships
marine event. This proposed rulemaking 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. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before April 2, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0014 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Kyle D. Berry, Sector Mobile,
Waterways Management Division, U.S. Coast Guard; telephone 251-441-
5940, email kyle.d.berry@uscg.mil.

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. Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

On November 31, 2017, the marine event sponsor for the annual USA
Triathlon Collegiate National Championships marine event submitted an
application for a marine event permit. The Captain of the Port Sector
Mobile (COTP) has determined a special local regulation is needed to
protect the persons participating in and viewing the USA Triathlon
Collegiate National Championships marine event.
The purpose of this proposed rulemaking is to restrict transit
into, through and within the regulated area on the Black Warrior River
extending the entire width of the river from mile marker 338.5 to mile
marker 339.5 in Tuscaloosa, AL during the USA Triathlon Collegiate
National Championships. The Coast Guard proposes this rulemaking under
authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

The Coast Guard proposes to establish a temporary special local
regulation on the Black Warrior River extending the entire width of the
river from mile marker 338.5 to mile marker 339.5 in Tuscaloosa, AL.
The proposed rulemaking is needed to needed to protect the persons
participating in the USA Triathlon Collegiate National Championships
marine event. This proposed rulemaking restricts transit into, through
and within the regulated area unless specifically authorized by the
COTP. No vessel or person would be permitted to enter the regulated
area without obtaining permission from the COTP or a designated
representative. A designated representative may be a Patrol Commander
(PATCOM). The PATCOM would 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 COTP to patrol
the regulated area.
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 would be operated 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.
The regulatory text we are proposing appears at the end of this
document.

IV. Regulatory Analyses

We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and

[[Page 8956]]

pursuant to OMB guidance it is exempt from the requirements of
Executive Order 13771.
This regulatory action determination is based on size, location,
and duration of the proposed rulemaking. The proposed special local
regulation on the Black Warrior River would extend the entire width of
the river from mile marker 338.5 to mile marker 339.5 in Tuscaloosa, AL
from 4 a.m. on April 27, 2018 through 6 p.m. on April 28, 2018.
Additionally, 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

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 proposed rule would 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 on the
Black Warrior River extending the entire width of the river from mile
marker 338.5 to mile marker 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 would be available in
the docket where indicated under ADDRESSES.
We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.

G. Protest Activities

The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified

[[Page 8957]]

when comments are posted or a final rule is published.

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 proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

Authority: 33 U.S.C. 1233.

0
2. Add Sec. 100.35T08-0014 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) Enforcement period. This section will be enforced from April
27, 2018 through April 28, 2018.
(c) Special local regulations. (1) In accordance with the general
regulations in Sec. 100.801 of this part, 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 sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the Captain of the Port (COTP) Mobile to patrol the regulated area.
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer will be operated at a minimum safe navigation
speed in a manner which will not endanger participants in the regulated
area or any other vessels.
(4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
(5) 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 temporary safety zone as
well as any changes in the planned schedule.

Dated: February 2, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard Captain of the Port Sector Mobile.
[FR Doc. 2018-04254 Filed 3-1-18; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Proposed Rules 8955

2021, for manufacturers with less than DHS Department of Homeland Security and when so directed by that officer
$10 million in annual food sales? Please FR Federal Register would be operated at a minimum safe
explain your reasoning. NPRM Notice of Proposed Rulemaking navigation speed in a manner which
PATCOM Patrol Commander will not endanger participants in the
Dated: February 27, 2018. § Section
Leslie Kux, U.S.C. United States Code
regulated area or any other vessels. No
spectator vessel shall anchor, block,
Associate Commissioner for Policy.
II. Background, Purpose, and Legal loiter, or impede the through transit of
[FR Doc. 2018–04281 Filed 3–1–18; 8:45 am] Basis participants or official patrol vessels in
BILLING CODE 4164–01–P
On November 31, 2017, the marine the regulated area during the effective
event sponsor for the annual USA dates and times, unless cleared for entry
Triathlon Collegiate National by or through an official patrol vessel.
DEPARTMENT OF HOMELAND Any spectator vessel may anchor
Championships marine event submitted
SECURITY outside the regulated area, but may not
an application for a marine event
permit. The Captain of the Port Sector anchor in, block, or loiter in a navigable
Coast Guard channel. Spectator vessels may be
Mobile (COTP) has determined a special
moored to a waterfront facility within
33 CFR Part 100 local regulation is needed to protect the
the regulated area in such a way that
persons participating in and viewing the
[Docket Number USCG–2018–0014] they shall not interfere with the progress
USA Triathlon Collegiate National
of the event. Such mooring must be
RIN 1625–AA08 Championships marine event.
complete at least 30 minutes prior to the
The purpose of this proposed
Special Local Regulation; Black establishment of the regulated area and
rulemaking is to restrict transit into,
Warrior River, Tuscaloosa, AL remain moored through the duration of
through and within the regulated area
the event.
on the Black Warrior River extending
AGENCY: Coast Guard, DHS. The COTP or a designated
the entire width of the river from mile
ACTION: Notice of proposed rulemaking. representative may forbid and control
marker 338.5 to mile marker 339.5 in
the movement of all vessels in the
SUMMARY: The Coast Guard proposes to Tuscaloosa, AL during the USA
regulated area. When hailed or signaled
establish a temporary special local Triathlon Collegiate National
by an official patrol vessel, a vessel shall
regulation on the Black Warrior River Championships. The Coast Guard
come to an immediate stop and comply
extending the entire width of the river proposes this rulemaking under
with the directions given. Failure to do
from mile marker 338.5 to mile marker authority in 33 U.S.C. 1233.
so may result in expulsion from the
339.5 in Tuscaloosa, AL. The proposed III. Discussion of Proposed Rule area, citation for failure to comply, or
rulemaking is needed to protect the both.
persons participating in the USA The Coast Guard proposes to establish
The COTP or a designated
Triathlon Collegiate National a temporary special local regulation on
representative may terminate the event
Championships marine event. This the Black Warrior River extending the
or the operation of any vessel at any
proposed rulemaking restricts transit entire width of the river from mile
time it is deemed necessary for the
into, through and within the regulated marker 338.5 to mile marker 339.5 in
protection of life or property. The COTP
area unless specifically authorized by Tuscaloosa, AL. The proposed
or a designated representative would
the Captain of the Port Sector Mobile rulemaking is needed to needed to
terminate enforcement of the special
(COTP) or a designated representative. protect the persons participating in the
local regulations at the conclusion of the
We invite your comments on this USA Triathlon Collegiate National
event.
proposed rulemaking. Championships marine event. This The regulatory text we are proposing
proposed rulemaking restricts transit appears at the end of this document.
DATES: Comments and related material
into, through and within the regulated
must be received by the Coast Guard on area unless specifically authorized by IV. Regulatory Analyses
or before April 2, 2018. the COTP. No vessel or person would be We developed this proposed rule after
ADDRESSES: You may submit comments permitted to enter the regulated area considering numerous statutes and
identified by docket number USCG– without obtaining permission from the Executive orders related to rulemaking.
2018–0014 using the Federal COTP or a designated representative. A Below we summarize our analyses
eRulemaking Portal at http:// designated representative may be a based on a number of these statutes and
www.regulations.gov. See the ‘‘Public Patrol Commander (PATCOM). The Executive orders and we discuss First
Participation and Request for PATCOM would be aboard either a Amendment rights of protestors.
Comments’’ portion of the Coast Guard or Coast Guard Auxiliary
SUPPLEMENTARY INFORMATION section for vessel. The Patrol Commander may be A. Regulatory Planning and Review
further instructions on submitting contacted on Channel 16 VHF–FM Executive Orders 12866 and 13563
comments. (156.8 MHz) by the call sign direct agencies to assess the costs and
FOR FURTHER INFORMATION CONTACT: If ‘‘PATCOM’’. All persons and vessels not benefits of available regulatory
you have questions about this proposed registered with the sponsor as alternatives and, if regulation is
rulemaking, call or email LT Kyle D. participants or official patrol vessels are necessary, to select regulatory
Berry, Sector Mobile, Waterways considered spectators. The ‘‘official approaches that maximize net benefits.
daltland on DSKBBV9HB2PROD with PROPOSALS

Management Division, U.S. Coast patrol vessels’’ consist of any Coast Executive Order 13771 directs agencies
Guard; telephone 251–441–5940, email Guard, state, or local law enforcement to control regulatory costs through a
kyle.d.berry@uscg.mil. and sponsor provided vessels assigned budgeting process. This NPRM has not
SUPPLEMENTARY INFORMATION: or approved by the COTP to patrol the been designated a ‘‘significant
regulated area. regulatory action,’’ under Executive
I. Table of Abbreviations Spectator vessels desiring to transit Order 12866. Accordingly, the NPRM
CFR Code of Federal Regulations the regulated area may do so only with has not been reviewed by the Office of
COTP Captain of the Port Sector Mobile prior approval of the Patrol Commander Management and Budget (OMB), and

VerDate Sep<11>2014 17:47 Mar 01, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1

Document Created: 2018-03-01 23:56:38
Document Modified: 2018-03-01 23:56:38

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		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before April 2, 2018.
Contact		If you have questions about this proposed rulemaking, 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 8955
RIN Number		1625-AA08
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

83 FR 8955 - Special Local Regulation; Black Warrior River, Tuscaloosa, AL

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 42 (March 2, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard