[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Rules and Regulations]
[Pages 39972-39974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16156]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[USCG-2014-0277]
RIN 1625-AA08
Special Local Regulation, Tennessee River, Mile 256.0 to 257.5;
Florence, TN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for the waters of the Tennessee River beginning at mile
marker 256.0 and ending at mile marker 257.5, extending bank to bank.
This zone is necessary to protect participants of the Renaissance Man
Triathlon during the swim portion of the event. Entry into this area is
prohibited unless specifically authorized by the Captain of the Port
(COTP) Ohio Valley or designated representative.
DATES: This rule is effective from 5:00 a.m. to 10:30 a.m. July 13,
2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0277]. 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 Petty Officer Chad Phillips, Marine Safety
Detachment Nashville, at (615) 736-5421 or email at
[email protected]. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
BNM Broadcast Notices to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking
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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule. The Coast Guard received notice on
April 7, 2014 that the Renaissance Man Triathlon is planned to take
place on July 13, 2014. The swimming portion of this event will take
place on the Tennessee River from mile 256.0 to mile 257.5. Upon
reviewing the details of this event, the Coast Guard determined that a
special local regulation is necessary during the event's swimming
portion, taking place on the Tennessee River. Completing the full NPRM
process is contrary to the public interest as it would delay the
additional safety measures necessary to protect participants and event
personnel
[[Page 39973]]
from the possible marine hazards present during the swimming portion of
this event. The event has been advertised and is planned by the local
community. Delaying the special local regulation would also
unnecessarily interfere with the planned event and with the potential
to affect contractual obligations of the event sponsors.
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. Providing a full 30
days' notice and delaying the effective date for this special local
regulation would be impracticable because immediate action is necessary
to protect event participants from the possible marine hazards present
during this swimming event.
B. Basis and Purpose
The swim portion of the Renaissance Man Triathlon takes place on
the Tennessee River from mile markers 256.0 to 257.5. The Coast Guard
determined that a temporary special local regulation is needed to
protect the 300 participants in the Renaissance Man Triathlon during
the swimming portion. The legal basis and authorities for this
rulemaking establishing a special local regulation are found in 33
U.S.C. 1233, which authorizes the Coast Guard to establish and define
special local regulations. The COTP Ohio Valley is establishing a
special local regulation for the waters of the Tennessee River,
beginning at mile marker 256.0 and ending at 257.5 to protect the
participants in the swimming portion of the Renaissance Man Triathlon.
Entry into this area is prohibited unless specifically authorized by
the COTP Ohio Valley or designated representative.
C. Discussion of the Final Rule
The COTP Ohio Valley is establishing a special local regulation for
the waters of the Tennessee River, beginning at mile marker 256.0 and
ending at 257.5, during the swimming portion of the Renaissance Man
Triathlon. During this event, vessels shall not enter into, depart
from, or move within the regulated area without permission from the
COTP Ohio Valley or his authorized representative. Persons or vessels
requiring entry into or passage through the regulated area must request
permission from the COTP Ohio Valley, or a designated representative.
Sector Ohio Valley may be contacted on VHF-FM Channel 13 or 16, or 1-
800-253-7465. This rule is effective from 5:00 a.m. to 10:30 a.m. July
13, 2014. The COTP Ohio Valley will inform the public through Broadcast
Notices to Mariners (BNM) of the enforcement period for the special
local regulation as well as any changes in the planned schedule.
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.
1. 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.
This special local regulation restricts transit on the Tennessee
River from mile marker 256.0 through 257.5 and covers a period of five
and one half hours, from 5:00 a.m. to 10:30 a.m. on July 13, 2014. Due
to its short duration and limited scope, it does not pose a significant
regulatory impact. BNMs will also inform the community of this special
local regulation so that they may plan accordingly for this short
restriction on transit. Vessel traffic may request permission from the
COTP Ohio Valley or a designated representative to enter the restricted
area or deviated from this regulation. Requests to deviate from this
regulation will be considered on a case-by-case basis.
2. Impact on 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
mile marker 256.0 to 257.5 on the Tennessee River, from 5:00 a.m. to
10:30 a.m. on July 13, 2014. The special local regulation will not have
a significant economic impact on a substantial number of small entities
because this rule will be in effect for a short period of time. BNMs
will also inform the community of this special local regulation so that
they may plan accordingly for this short restriction on transit. Vessel
traffic may request permission from the COTP Ohio Valley or a
designated representative to enter the restricted area.
3. 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.
4. 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).
5. 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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
[[Page 39974]]
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves establishing a temporary special
local regulation to protect the participants in the swimming portion of
the Renaissance Man Triathlon on the Tennessee River from mile markers
256.0 to 257.5 for five and one half hour period on one day.
An environmental analysis was performed during the marine event
permit process for the swimming event and a checklist and a categorical
exclusion determination are not required for this special local
regulation.
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 U.S. 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. A new temporary Sec. 100.T08-0277 is added to read as follows:
Sec. 100.T08-0277--Special Local Regulation; Tennessee River, Miles
256.0 to 257.5, Florence, TN.
(a) Location. The following area is a regulated area: All waters of
the Tennessee River, beginning at mile marker 256.0 and ending at mile
marker 257.5.
(b) Effective date. This section is effective from 5:00 a.m. to
10:30 a.m. on July 13, 2014.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.35 of this part, entry into this area is prohibited unless
authorized by the Captain of the Port Ohio Valley or a designated
representative.
(2) Persons or vessels requiring entry into or passage through the
area must request permission from the Captain of the Port Ohio Valley
or a designated representative. U.S. Coast Guard Sector Ohio Valley may
be contacted on VHF Channel 13 or 16, or at 1-800-253-7465.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Ohio Valley and designated U.S. Coast Guard
patrol personnel. On-scene U.S. Coast Guard patrol personnel include
commissioned, warrant, and petty officers of the U.S. Coast Guard.
(d) Informational broadcasts. The Captain of the Port Ohio Valley
or a designated representative will inform the public through broadcast
notice to mariners when the special local regulation is being enforced
and if there are changes to the planned schedule and enforcement period
for this special local regulation.
Dated: June 18, 2014.
R. V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-16156 Filed 7-10-14; 8:45 am]
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