[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Rules and Regulations]
[Pages 17751-17754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08463]


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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: Temporary final rule.

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

DATES: This rule is effective from 4 a.m. on April 27, 2018 through 6 
p.m. on April 28, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0014 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION:

[[Page 17752]]

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On November 31, 2017, the sponsor for the USA Triathlon Collegiate 
National Championships marine event submitted an application for a 
marine event permit for the event from 4 a.m. on April 27, 2018 through 
6 p.m. on April 28, 2018. In response, on March 2, 2018, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled Special 
Local Regulation; Black Warrior River, Tuscaloosa, AL (83 FR 8955). 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this triathlon event. During the 
comment period that ended April 2, 2018, we received one comment.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register because it is impracticable and 
contrary to the public interest. Delaying the effective date of this 
rule would delay the safety measures necessary to respond to potential 
safety hazards associated with this triathlon event. Immediate action 
is needed to protect participants, spectators, and other persons and 
vessels during the triathlon event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Sector Mobile (COTP) has determined that 
potential hazards associated with the triathlon event on April 27, 2018 
and April 28, 2018 will be a safety concern for anyone within the area 
of the Black Warrior River between mile markers (MMs) 338.5 and 339.5. 
The purpose of this rule is to protect participants, spectators, and 
other persons and vessels before, during, and after the Triathlon 
event.

IV. Discussion of the Rule

    As noted above, we received one comment on our NPRM published March 
2, 2018. The comment received was unrelated to the subject matter of 
this rulemaking. However, the regulatory text has been changed from the 
proposed rule in the NPRM to include specific times for daily 
enforcement during the effective period.
    This rule establishes a special local regulation on April 27, 2018 
and April 28, 2018, which will be enforced between the hours of 4 a.m. 
and 6 p.m. daily. The regulated area will cover all navigable waters of 
the Black Warrior River between MMs 338.5 and 339.5, extending the 
entire width of the navigable channel. The duration of the regulation 
is intended to protect participants, spectators, and other persons and 
vessels before, during, and after the triathlon event. No vessel or 
person will be permitted to enter, transit within or through, or exit 
the regulated area without obtaining permission from the COTP or a 
designated representative. A designated representative may be a Patrol 
Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or 
Coast Guard Auxiliary vessel. The Patrol Commander may be contacted on 
Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
    All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the Captain of the Port (COTP) Mobile to patrol the regulated area.
    Spectator vessels desiring to enter, transit through or within, or 
exit the regulated area may do so only with permission from the Patrol 
Commander, and when permitted, must operate at a minimum safe 
navigation speed in a manner which will not endanger participants in 
the regulated area or any other vessels. No spectator vessel shall 
anchor, block, loiter, or impede the through transit of participants or 
official patrol vessels in the regulated area during the effective 
dates and times, unless cleared for entry by or through an official 
patrol vessel. Any spectator vessel may anchor outside the regulated 
area, but may not anchor in, block, or loiter in a navigable channel. 
Spectator vessels may be moored to a waterfront facility within the 
regulated area in such a way that they shall not interfere with the 
progress of the event. Such mooring must be complete at least 30 
minutes prior to the establishment of the regulated area and remain 
moored through the duration of the event.
    The COTP or a designated representative may forbid and control the 
movement of all vessels in the regulated area. When hailed or signaled 
by an official patrol vessel, a vessel shall come to an immediate stop 
and comply with the directions given. Failure to do so may result in 
expulsion from the area, citation for failure to comply, or both.
    The COTP or a designated representative may terminate the event or 
the operation of any vessel at any time it is deemed necessary for the 
protection of life or property. The COTP or a designated representative 
would terminate enforcement of the special local regulations at the 
conclusion of the event.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the regulation. The special 
local regulation will take place on a one-mile stretch of navigable 
waterway, during a short duration of eleven hours on two days on the 
Black Warrior River from mile marker 338.5 to 339.5 on April 27, 2018 
and April 28, 2018. Moreover, the Coast Guard will issue Broadcast 
Notices to Mariners (BNMs) via VHF-FM marine channel 16 about the 
regulation so that waterway users may plan accordingly for transits 
during this restriction. The rule also allows vessels to seek 
permission from the COTP or a designated representative to enter the 
regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions

[[Page 17753]]

with populations of less than 50,000. The Coast Guard received no 
comments from the Small Business Administration on this rulemaking. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not 
have a significant economic impact on a substantial number of small 
entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule involves 
a special local regulation on the Black Warrior River, extending the 
entire width of the river, from MM 338.5 to MM 339.5. It is 
categorically excluded from further review under paragraph L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration (REC) supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  100.35T08-0014 to read as follows:


Sec.  100.35T08-0014  Special Local Regulation; Black Warrior River, 
Tuscaloosa, AL.

    (a) Regulated area. All navigable waters of the Black Warrior River 
between mile markers 338.5 and 339.5 in Tuscaloosa, AL.
    (b) Effective period. This section is effective from 4 a.m. on 
April 27, 2018 through 6 p.m. on April 28, 2018.
    (c) Enforcement periods. This section will be enforced from 4 a.m. 
through 6 p.m. daily from April 27, 2018 through April 28, 2018.
    (d) Special local regulations. (1) In accordance with the general 
regulations in Sec.  100.801, entry into, transit within or through, or 
exit from this area is prohibited unless authorized by the Captain of 
the Port Sector Mobile (COTP) or a designated representative. A 
designated representative may be a Patrol Commander (PATCOM). The 
PATCOM may be aboard either a Coast Guard or Coast Guard Auxiliary 
vessel. The Patrol Commander may be contacted on Channel 16 VHF-FM 
(156.8 MHz) by the call sign ``PATCOM''.
    (2) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the Captain of the Port (COTP) Mobile to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the Patrol Commander and when so 
directed by that officer will be operated at a minimum safe navigation 
speed in a manner which will not endanger participants in the regulated 
area or any other vessels.
    (4) No spectator vessel shall anchor, block, loiter, or impede the 
through transit of participants or official patrol

[[Page 17754]]

vessels in the regulated area during the effective dates and times, 
unless cleared for entry by or through an official patrol vessel.
    (5) Any spectator vessel may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the event. Such mooring must be complete at least 30 minutes prior to 
the establishment of the regulated area and remain moored through the 
duration of the event.
    (6) The COTP or a designated representative may forbid and control 
the movement of all vessels in the regulated area. When hailed or 
signaled by an official patrol vessel, a vessel shall come to an 
immediate stop and comply with the directions given. Failure to do so 
may result in expulsion from the area, citation for failure to comply, 
or both.
    (7) The COTP or a designated representative may terminate the event 
or the operation of any vessel at any time it is deemed necessary for 
the protection of life or property.
    (8) The COTP or a designated representative will terminate 
enforcement of the special local regulations at the conclusion of the 
event.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through Broadcast Notices to 
Mariners of the enforcement period for the temporary safety zone as 
well as any changes in the planned schedule.

    Dated: April 17, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-08463 Filed 4-23-18; 8:45 am]
BILLING CODE 9110-04-P


