[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)]
[Rules and Regulations]
[Pages 18221-18223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08792]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0312]
RIN 1625-AA08


Special Local Regulation; Red River, Alexandria, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for all navigable waters of the Red River from mile marker 
(MM) 88.0 to MM 88.4, in Alexandria, LA. This action is necessary to 
protect spectators and vessels during the Louisiana Dragon Boat Races 
regatta. Entry of vessels or persons into this regulated area is 
prohibited unless authorized by the

[[Page 18222]]

Captain of the Port Sector Lower Mississippi River (COTP) or a 
designated representative.

DATES: This rule is effective from 6 a.m. through 4 p.m. on May 5, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0312 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 about this rule, 
call or email Petty Officer Todd Manow, Sector Lower Mississippi River 
Prevention Department, U.S. Coast Guard; telephone 901-521-4813, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    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 it is impracticable. The Coast 
Guard did not receive the event details in sufficient time to publish 
an NPRM. We must establish this special local regulation on May 5, 2018 
and lack sufficient time to provide a reasonable comment period and 
then consider those comments before issuing this rule. The NPRM process 
would delay the establishment of the regulated area until after the 
date of the regatta and compromise public safety.
    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 of 
this rule would be impracticable and contrary to public interest 
because immediate action is necessary to protect persons and property 
from the dangers associated with commercial traffic interacting with 
this rowing event.

III. Legal Authority and Need for a Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Sector Lower Mississippi River (COTP) has 
determined that potential hazards associated with the Louisiana Dragon 
Boat Races from 6 a.m. to 4 p.m. on May 5, 2018 will be a safety 
concern for all navigable waters of the Red River from mile marker (MM) 
88.0 to MM 88.4. This rule is needed to ensure the safety of life and 
vessels on these navigable waters before, during, and after the 
scheduled event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 6 a.m. 
through 4 p.m. on May 5, 2017 for all navigable waters of the Red River 
from MM 88.0 to MM 88.4 in the vicinity of Alexandria, LA. The duration 
of the regulated area is intended to ensure the safety of life and 
vessels on these navigable waters before, during, and after the 
scheduled event. No vessel or person may enter the regulated area 
unless authorized by the COTP or a designated representative. A 
designated representative is a commissioned, warrant, or petty officer 
of the U.S. Coast Guard assigned to units under the operational control 
of USCG Sector Lower Mississippi River.

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. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and 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-day of the special local regulation. 
This special local regulation will restrict vessel traffic on a less 
than half-mile stretch of the Red River during daylight hours on only 
one day. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners (BNMs) via VHF-FM marine channel 16 about the regulated area, 
and the rule allows vessels to seek permission to enter the zone.

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.

[[Page 18223]]

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 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 the establishment of a special local regulation lasting 
ten hours for an event spanning 0.4 miles of the Red River in the 
vicinity of Alexandria, LA. It is categorically excluded from further 
review under paragraphs L61 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration 
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


0
2. Add Sec.  100.35T08-0312 to read as follows:


Sec.  100.35T08-0312   Special Local Regulation; Red River, Alexandria, 
LA.

    (a) Location. The following area is a special local regulation: All 
navigable waters of the Red River from mile marker (MM) 88.0 To MM 
88.4, Alexandria, LA.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec.  100.801 of this part, no vessel or person shall enter the 
regulated area unless authorized by the Captain of the Port Sector 
Lower Mississippi River (COTP) or a designated representative.
    (2) Persons and vessels permitted to enter this regulated area must 
transit outside of the race area at their slowest safe speed to 
minimize wake and comply with all lawful directions issued by the COTP 
or the designated representative.
    (c) Effective period. This section is effective from 6 a.m. through 
4 p.m. on May 5, 2018.
    (c) Informational broadcasts. The COTP or a designated 
representative will inform the public through Broadcast Notices to 
Mariners (BNMs) of the enforcement period for the regulated area as 
well as any changes in the dates and times of enforcement.

    Dated: April 20, 2018.
R. Tamez,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi 
River.
[FR Doc. 2018-08792 Filed 4-25-18; 8:45 am]
 BILLING CODE 9110-04-P


