[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62371-62372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21775]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0722]
RIN 1625-AA00
Safety Zone; Tennessee River, Chattanooga, TN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the waters of the Tennessee River beginning at mile marker 463.7 and
ending at mile marker 464.5, extending bank to bank near Chattanooga,
Tennessee. This temporary safety zone is necessary to protect persons
and property from potential damage and safety hazards during a
fireworks display on or over the navigable waterway. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port Ohio Valley or a designated representative.
DATES: This rule is effective and will be enforced through actual
notice from 9:00 p.m. through 9:30 p.m., on September 10, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0722 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 Petty Officer Vera Max, Marine Safety Detachment
Nashville, U.S. Coast Guard; telephone 615-736-5421, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
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 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 the event sponsor submitted the event
application on July 19, 2016. This late submission did not give the
Coast Guard enough time to complete the full NPRM process. Delaying the
effective date of this rule would be contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with the fireworks display over the subject
waterway.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Ohio Valley (COTP) has determined that
potential hazards associated with the fireworks display on September
10, 2016, will be a safety concern for all waters of the Tennessee
River, beginning at mile marker 463.7 and ending at 464.5. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone during the fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on September 10,
2016. The temporary safety zone will cover all waters of the Tennessee
River, beginning at mile marker 463.7 and ending at 464.5, extending
bank to bank. Transit into and through this area is prohibited from
9:00 to 9:30 p.m. on September 10, 2016. The duration of the temporary
safety zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled fireworks
displays. No vessel or person will be permitted to enter the temporary
safety zone without obtaining permission from the COTP or a designated
representative. Deviation requests will be considered and reviewed on a
case-by-case basis.
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 the 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-day of the temporary safety zone. The
temporary safety zone will only be in effect for 30 minutes, during
late evening hours, and covers an area of the waterway stretching less
than one mile. The Coast Guard expects minimum adverse impact to
mariners from the temporary safety zone activation as the event has
been advertised to the public. Also, mariners may request authorization
from the COTP Ohio Valley or a designated representative to transit the
temporary safety zone. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone 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
safety zone 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
[[Page 62372]]
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 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 a temporary safety zone lasting 30 minutes that will
prohibit entry on all waters of the Tennessee River from mile 463.7 to
mile 464.5. It is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
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
rule.
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 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T08-0722 to read as follows:
Sec. 165.T08-0722 Safety Zone; Tennessee River, Miles 463.7 to 464.5,
Chattanooga, TN.
(a) Location. The following area is a safety zone: all waters of
the Tennessee River, bank to bank, beginning at mile marker 463.7 and
ending at mile marker 464.5.
(b) Enforcement period. This temporary safety zone will be enforced
through actual notice from 9:00 p.m. to 9:30 p.m. on September 10,
2016.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Ohio Valley (COTP)
or designated personnel. Persons or vessels desiring to enter into or
pass through the zone must request permission from the COTP or a
designated representative. They may be contacted on VHF-FM radio
channel 16 or phone at 1-800-253-7465.
(2) Persons and vessels permitted to deviate from this safety zone
regulation and enter the restricted area must transit at the slowest
safe speed and comply with all lawful directions issued by the COTP or
a designated representative.
(d) Informational Broadcasts. The COTP Ohio Valley 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 date and times of enforcement
Dated: August 31, 2016.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-21775 Filed 9-8-16; 8:45 am]
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