
[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Rules and Regulations]
[Pages 64411-64414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25981]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0869]
RIN 1625-AA00


Safety Zone; Cooper T. Smith Fireworks Event; Mobile River; 
Mobile, AL

AGENCY: Coast Guard, DHS.

[[Page 64412]]


ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
portion of the Mobile River, Mobile, AL in the vicinity of Cooper 
Riverside Park. This action is necessary for the protection of persons 
and vessels on navigable waters during the Cooper T. Smith Fireworks 
Event. Entry into, transiting or anchoring in this zone is prohibited 
to all vessels, mariners, and persons unless specifically authorized by 
the Captain of the Port Mobile or a designated representative.

DATES: This rule is effective from 9 p.m. to 10 p.m. on October 22, 
2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0869. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH''. Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email LT Lenell J. Carson, Sector Mobile, 
Waterways Division, U.S. Coast Guard; telephone 251-441-5940, email 
Lenell.J.Carson@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because there is insufficient time to publish 
a NPRM. The Coast Guard received an application for a Marine Event 
Permit on August 24, 2012 from Pyro Tecnico to conduct a fireworks 
display on October 22, 2012. Publishing a NPRM is impracticable because 
it would unnecessarily delay the required safety zone's effective date. 
The safety zone is needed to protect persons and vessels from safety 
hazards associated with a fireworks display. Additionally, delaying the 
safety zone for the NPRM process would unnecessarily interfere with the 
event and its possible commercial and contractual obligations.
    For the same reasons, 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. Delaying the 
effective date to provide a full 30 day notice is impracticable because 
immediate action is needed to protect persons and vessels from safety 
hazards associated with a fireworks display.

B. Basis and Purpose

    Cooper T. Smith Corp. has hired Pyro Tecnico to conduct a fireworks 
display on the Mobile River, Mobile, AL in the vicinity of Cooper 
Riverside Park. The fireworks fall out zone for this event is 600 feet 
and covers the entire width of the Mobile River posing significant 
safety hazards to both vessels and mariners operating on the Mobile 
River. The Captain of the Port (COTP) Mobile is establishing a 
temporary safety zone for a portion of the Mobile River, Mobile, AL, to 
protect persons and vessels during the fireworks display. The legal 
basis and authorities for this rule are found in 33 U.S.C. 1231, 46 
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; and 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorizes the Coast Guard to propose, establish, and 
define regulatory safety zones.
    The COTP anticipates minimal impact on vessel traffic due to this 
regulation. However, this safety zone is deemed necessary for the 
protection of life and property within the COTP Mobile zone.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone for a 
portion of the Mobile River, to include all waters within a 600 foot 
radius around position 30[deg]41'21.7'' N, 088[deg]02'04.7'' W. This 
temporary rule will protect the safety of life and property in this 
area. Entry into, transiting or anchoring in this zone is prohibited to 
all vessels, mariners, and persons unless specifically authorized by 
the COTP Mobile or a designated representative. The COTP may be 
contacted by telephone at 251-441-5976.
    The COTP Mobile or a designated representative will inform the 
public through broadcast notice to mariners of changes in the effective 
period for the safety zone. This rule is effective from 9:00 p.m. to 
10:00 p.m. on October 22, 2012.

D. 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 or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under that Order.
    The safety zone listed in this rule will restrict vessel traffic 
from entering, transiting or anchoring in a small portion of the Mobile 
River, Mobile, AL. The effect of this regulation will not be 
significant for several reasons: (1) This rule will only affect vessel 
traffic for a short duration; (2) vessels may request permission from 
the COTP to transit through the safety zone; and (3) the impacts on 
routine navigation are expected to be minimal. Notifications to the 
marine community will be made through broadcast notice to mariners. 
These notifications will allow the public to plan operations around the 
affected area.

Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during 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. 
This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in the affected portions of the Mobile River during a 
fireworks display. This safety zone will

[[Page 64413]]

not have a significant economic impact on a substantial number of small 
entities for the following reasons. The zone is limited in size, is of 
short duration and vessel traffic may request permission from the COTP 
Mobile or a designated representative to enter or transit through the 
zone.

Assistance for Small Entities

    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, 
above.
    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.

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).

Federalism

    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 does not have implications for federalism.

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.

Unfunded Mandates Reform Act

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

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference With Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, To Minimize Litigation, 
Eliminate Ambiguity, and Reduce Burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children From Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves a safety zone on a waterway during a 
fireworks display and is not expected to result in any significant 
adverse environmental impact as described in NEPA. This rule is 
categorically excluded from further review under paragraph (34)(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a categorical exclusion 
determination will be made available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T08-0869 to read as follows:


Sec.  165.T08-0869  Cooper T. Smith Fireworks Event; Mobile River; 
Mobile, AL.

    (a) Location. The following area is a safety zone: A portion of the 
Mobile River, to include all waters within a 600 foot radius around 
position 30[deg]41'21.7'' N, 088[deg]02'04.7'' W.
    (b) Enforcement date. This rule will be enforced from 9 p.m. to 10 
p.m. on October 22, 2012.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Mobile or a designated 
representative.

[[Page 64414]]

    (2) Persons or vessels desiring to enter into or passage through 
the zone must request permission from the Captain of the Port Mobile or 
a designated representative. They may be contacted on VHF-FM channels 
16 or by telephone at 251-441-5976.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the Captain of the Port or designated 
representative.
    (d) Informational Broadcasts. The Captain of the Port or a 
designated representative will inform the public through broadcast 
notices to mariners of the enforcement period for the safety zone as 
well as any changes in the planned schedule.

    Dated: September 21, 2012.
D.J. Rose,
Captain, U.S. Coast Guard Captain of the Port Mobile.
[FR Doc. 2012-25981 Filed 10-19-12; 8:45 am]
BILLING CODE 9110-04-PENVIRONMENTAL PROTECTION AGENCY


