[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Proposed Rules]
[Pages 15664-15666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06278]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0012]
RIN 1625-AA08
Special Local Regulation; Cumberland River, Mile 189.0 to 193.0;
Nashville, TN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a special local
regulation for all waters of the Cumberland River beginning at mile
marker 189.0 and ending at mile marker 193.0 from 11 a.m. until 6 p.m.
on May 13, 4 a.m. until 6 p.m. on May 14, and 4 a.m. until 3 p.m. on
May 15, 2017. This proposed special regulation is necessary to provide
safety for the participants in the ``ACRA Henley'' marine event. This
proposed rulemaking would prohibit persons and vessels from being in
the special local regulated area unless authorized by the Captain of
the Port Ohio Valley or a designated representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 1, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0012 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Ashley Schad, MSD
Nashville, Nashville, TN, at 615-736-5421 or at
[email protected].
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SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On September 1, 2016, Vanderbilt Rowing notified the Coast Guard
that it will be conducting a rowing race from 11 a.m. until 6 p.m. on
May 13, 4 a.m. until 6 p.m. on May 14, and 4 a.m. until 3 p.m. on May
15, 2017. The event will consist of at least 125 participants on
various sized rowing shells on the Cumberland River. The Captain of the
Port Ohio Valley (COTP) has determined that additional safety measures
are necessary to protect participants, spectators, and waterway users
during this event. Therefore, the Coast Guard proposes to establish a
special local regulation on specified waters of the Cumberland River.
This proposed regulation would be in effect from 11 a.m. until 6 p.m.
on May 13, 4 a.m. until 6 p.m. on May 14, and 4 a.m. until 3 p.m. on
May 15, 2017.
The purpose of this rulemaking is to ensure the safety of vessels
and participants of the navigable waters before, during, and after the
scheduled event. The Coast Guard proposes this rulemaking under
authority in 33 U.S.C. 1233, which authorizes the Coast Guard to
establish and define special local regulations under 33 CFR 100.
III. Discussion of Proposed Rule
The COTP proposes to establish a special local regulated area from
11 a.m. until 6 p.m. on May 13, 4 a.m. until 6 p.m. on May 14, and 4
a.m. until 3 p.m. on May 15, 2017 for all waters of the Cumberland
River beginning at mile marker 189.0 and ending at mile marker 193.0.
The duration of the special local regulated area is intended to ensure
the safety of vessels, participants, and these navigable waters before,
during, and after the scheduled event. No vessel or person would be
permitted to enter the special local regulated area without obtaining
permission from the COTP or a designated representative. The regulatory
text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders (E.O.s) related to rulemaking. Below we summarize
our analyses based on a number of these statutes and E.O.s, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This NPRM has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, the NPRM 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 special local regulated
area.
This proposed special local regulation restricts transit on the
Cumberland River from mile 189.0 to 193.0, for 32 hours over three
days. Broadcast Notices to Mariners and Local Notices to Mariners 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.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
special local regulated area may be small entities, for the reasons
stated in section IV.A above this proposed rule would not have a
significant economic impact on any vessel owner or operator.
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.
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
section. 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.
C. Collection of Information
This proposed rule would 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 E.O. 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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this proposed rule does not have tribal implications under
E.O. 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 power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed 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 proposed rule would not
result in such
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expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
F. 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 (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 a special
local regulated area that would prohibit entry to unauthorized vessels.
Normally such actions are categorically excluded from further review
under paragraph 34(h) of Figure 2-1 of Commandant Instruction
M16475.lD. A preliminary environmental analysis checklist and
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.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
to amend 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. Add Sec. 100.35T08-0012 to read as follows:
Sec. 100.35T08-0012 Special Local Regulation; Cumberland River Mile
189.0 to Mile 193.0; Nashville, TN.
(a) Location. All waters of the Cumberland River beginning at mile
marker 189.0 and ending at mile marker 193.0 at Nashville, TN.
(b) Enforcement periods. This section will be enforced from 11 a.m.
until 6 p.m. on May 13, 4 a.m. until 6 p.m. on May 14, and 4 a.m. until
3 p.m. on May 15, 2017. 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 this special local
regulation.
(c) Special Local Regulations. (1) In accordance with the general
regulations in Sec. 100.801 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.
Dated: March 13, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2017-06278 Filed 3-29-17; 8:45 am]
BILLING CODE 9110-04-P