[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Proposed Rules]
[Pages 49968-49970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20403]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-0011]
RIN 1625-AA08
Special Local Regulation, Tennessee River 463.0 to 467.0;
Chattanooga, TN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing a special local regulated area
for all waters of the Tennessee River, beginning at mile marker 463.0
and ending at mile marker 467.0. This proposed regulated area is
necessary to provide safety for the approximately 2,500 swimmers that
will be participating in the ``Ironman Chattanooga'' on the Tennessee
River from mile marker 463.0 to mile marker 467.0. Entry into this area
will be prohibited unless specifically authorized by the Captain of the
Port Ohio Valley or designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before September 2, 2015.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Ashley Schad, MSD Nashville Nashville, TN,
at 615-736-5421 or 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
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. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2015-0011) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2015-0011) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not plan to hold a public meeting, but you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Basis and Purpose
The ``Ironman Chattanooga'' is a second year event being held on
September 27, 2015. The Captain of the Port Ohio Valley has determined
that additional safety measures are necessary to protect race
participants, spectators, and waterway users during this event.
Therefore, the Coast Guard proposes to establish a special local
regulation for all waters of the Tennessee River beginning at mile
marker 463.0 and ending at mile marker 467.0. This proposed regulation
would provide safety for the approximately 2,500 swimmers that will be
racing in the ``Ironman Chattanooga.''
The legal basis and authorities for this proposed 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 for regattas under 33 CFR 100.
[[Page 49969]]
C. Discussion of Proposed Rule
The Captain of the Port Ohio Valley is proposing a special local
regulated area for all waters of the Tennessee River beginning at mile
marker 463.0 and ending at mile marker 467.0. Vessels or persons would
not be permitted to enter into, depart from, or move within this area
without permission from the Captain of the Port Ohio Valley or
designated representative. Persons or vessels requiring entry into or
passage through the proposed special local regulated area will be
required to request permission from the Captain of the Port Ohio
Valley, or designated representative. They would be contacted on VHF-FM
Channel 13 or 16, or through Coast Guard Sector Ohio Valley at 1-800-
253-7465. This proposed rule would be enforced from 5:00 a.m. until
11:00 a.m. on September 27, 2015. The Captain of the Port Ohio Valley
would inform the public through broadcast notices to mariners of the
enforcement period for the special local regulated area as well if any
changes in the planned schedule.
E. 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 or executive orders.
1. Regulatory Planning and Review
This proposed 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 those Orders.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. 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 will not have a significant
economic impact on a substantial number of small entities. 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 463.0 to mile marker 467.0 on the Tennessee River, from
5:00 a.m. to 11:00 a.m. on September 27, 2015. This proposed special
local regulated area will not have a significant economic impact on a
substantial number of small entities as it will be enforced for only
hours. Additionally, although the proposed special local regulated area
will apply to the entire width of the river, traffic will be allowed to
pass through the area with the permission of the Captain of the Port
Ohio Valley or designated representative.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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.
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 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, above. 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.
4. Collection of Information
This proposed 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 proposed 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
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.
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 proposed rule would not
result in such expenditures, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
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
[[Page 49970]]
power and responsibilities between the Federal Government and Indian
tribes.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use because it is
not a ``significant regulatory action'' under Executive Order 12866 and
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination 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 proposed rule
involves the Captain of the Port Ohio Valley establishing a special
local regulation for all waters of the Tennessee River beginning at
mile marker 463.0 and ending at mile marker 467.0 to provide safety for
the approximately 2,500 swimmers that will be racing in the ``Ironman
Chattanooga.'' This rule is categorically excluded from further review
under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A
preliminary environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are 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.
List of Subjects in 33 CFR Part 100
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--REGATTAS AND MARINE PARADES
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. 100.35T08-0011 is added to read as follows:
Sec. 100.35T08-0011 Special Local Regulation; Tennessee River Mile
463.0 to 467.0, Chattanooga, TN.
(a) Location of Regulated Area. All waters of the Tennessee River
beginning at mile marker 463.0 and ending at mile marker 467.0.
(b) Enforcement Period. This rule will be enforced from 5:00 a.m.
to 11:00 a.m. on September 27, 2015. The Captain of the Port Ohio
Valley or a designated representative will inform the public through
broadcast notice to mariners of the enforcement period for the special
local regulation.
(c) Special Local Regulations. (1) The general regulations
contained in 33 CFR 100.35 as well as the regulations in this section
apply to the Regulated Area.
(2) Entry into the Regulated Area is prohibited unless authorized
by the Captain of the Port Ohio Valley or a designated representative.
(3) Persons or vessels requiring entry into or passage through the
Regulated 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.
(4) 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.
Dated: July 29, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-20403 Filed 8-17-15; 8:45 am]
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