[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Rules and Regulations]
[Pages 49909-49911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20406]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-0337]
RIN 1625-AA08
Special Local Regulation, Tennessee River 647.0 to 648.0;
Knoxville, TN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation for
all waters of the Tennessee River, beginning at mile marker 647.0 and
ending at mile marker 648.0 on September 4-5, 2015. This special
regulation is necessary to provide safety for the racers that will be
participating in the ``Racing on the Tennessee.'' Entry into this area
will be prohibited unless specifically authorized by the Captain of the
Port Ohio Valley or designated representative.
DATES: This rule is effective and will be enforced on September 4, 2015
through September 5, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0337. To view documents mentioned in the 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 rule,
call or email Petty Officer Vera Max, 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
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
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)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because specifics associated with the ``Racing on
the Tennessee'' event were not received in time to publish an NPRM and
seek comments before the event. Publishing an NPRM and delaying the
effective date of this rule to await public comments would be
impracticable and contrary to the public interest since it would
inhibit the Coast Guard's ability to provide for the safety of the
racers participating in the event and the safety of spectators and
waterway users.
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. For the same reasons discussed in
the preceding paragraph, delaying the effective date of this rule would
be impracticable and contrary to the public interest.
B. Basis and Purpose
The legal basis and authority for this rule 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.
The ``Racing on the Tennessee'' is an annual event being held on
September 4 and 5, 2015. The Captain of the Port (COTP) 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 is establishing a special local regulation
for all waters of the Tennessee River beginning at mile marker 647.0
and ending at mile marker 648.0. This regulation will provide safety
for the racers that will be participating in the ``Racing on the
Tennessee'' and spectators and waterway users.
C. Discussion of Temporary Final Rule
The COTP Ohio Valley is establishing a special local regulated area
for all waters of the Tennessee River beginning at mile marker 647.0
and ending at mile marker 648.0. Vessels or persons will not be
permitted to enter into, depart from, or move within this area without
permission from the COTP Ohio Valley or designated representative.
Persons or vessels requiring entry into or passage through the special
local regulated area will be required to request permission from the
COTP Ohio Valley, or designated representative. Requests for permission
are submitted via VHF-FM Channel 13 or 16, or through Coast Guard
Sector Ohio Valley at 1-800-253-7465. This rule will be enforced from
10:00 a.m. until 7:00 p.m. on September 4 and 5, 2015. The COTP Ohio
Valley will inform the public through broadcast notices to mariners of
the enforcement period for the special local regulated area as well as
of any changes in the planned schedule.
E. 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
[[Page 49910]]
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 rule on 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.
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. 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 647.0 to mile
marker 648.0 on the Tennessee River, from 10:00 a.m. to 7:00 p.m. on
September 4 and 5, 2015. This special local regulated area will not
have a significant economic impact on a substantial number of small
entities as it will be enforce for a limited period of time over two
days. Additionally, although the 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 COTP 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 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 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
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 rule will not result in
such expenditures, 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 From Environmental Health Risks
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 will not create an
environmental risk to health or risk to safety that might
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 will 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 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 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 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 rule involves the COTP Ohio
Valley establishing a special local regulation for all waters of the
Tennessee River beginning at mile marker 647.0 and ending at mile
marker 648.0 to provide safety for the racers that will be
participating in the ``Racing on the Tennessee.'' 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
[[Page 49911]]
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 rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and 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 WATERWAYS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233
0
2. Temporary Sec. 100.801T08-0337 is added to read as follows:
Sec. 100.35T08-0337 Special Local Regulation; Tennessee River Mile
647.0 to 648.0, Knoxville, TN.
(a) Regulated area. The following location is a regulated area: All
waters of the Tennessee River beginning at mile marker 647.0 and ending
at mile marker 648.0.
(b) Enforcement period. This section will be enforced from 10 a.m.
to 7 p.m. on September 4 and 5, 2015.
(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) 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.
(4) 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.
(5) 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 13, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-20406 Filed 8-17-15; 8:45 am]
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