[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Rules and Regulations]
[Pages 42938-42940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19400]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0703]
RIN 1625-AA08
Special Local Regulation; Tennessee River, Huntsville, AL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation for
all navigable waters of the Tennessee River from mile marker (MM) 333.2
to MM 337.0. This action is necessary to provide for the safety of life
on these navigable waters near Huntsville, AL during the Swim Hobbs
Island event. Entry of persons or vessels into this regulated area is
prohibited unless authorized by the Captain of the Port Sector Ohio
Valley (COTP) or a designated representative.
DATES: This rule is effective from 7 a.m. through 2 p.m. on September
17, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0703 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 notice
of enforcement, call Petty Officer Jonathan Braddy, 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
COTP Captain of the Port Sector Ohio Valley
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 it is impracticable. We must
establish this special local regulation by September 17, 2017 and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. This rule is necessary
for the safety of life during the Swim Hobbs Island on these navigable
waters. Delaying the effective date of this rule would be impracticable
and contrary to the public interest because immediate action is needed
to protect the persons and property from the dangers associated with
the race.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential hazards associated with the race from 7 a.m. through 2
p.m. on September 17, 2017 will present a safety concern for anyone on
the navigable waters on the Tennessee River extending from mile
[[Page 42939]]
marker (MM) 333.2 to MM 337.0. The purpose of this rulemaking is to
ensure the safety of life and vessels on the navigable waters before,
during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a special local regulation from 7 a.m.
through 2 p.m. on September 17, 2017 for all navigable waters from MM
333.2 to MM 337.0 on the Tennessee River in the vicinity of Huntsville,
AL. The duration of the regulated area is intended to ensure the safety
of vessels and these navigable waters before, during, and after the
scheduled event. No vessel or person will be permitted to enter the
regulated area without obtaining permission from the COTP or a
designated representative.
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 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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. Vessel
traffic will be able to safely navigate through the affected area
before and after the scheduled event. Moreover, the Coast Guard will
issue Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the regulated area and the rule allows vessels to seek permission to
enter the 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 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
regulated area 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
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.
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 special local regulation lasting seven hours
that will prohibit entry on all navigable waters of the Tennessee
River, from MM 333.2 to MM 337.0. It is categorically excluded from
further review under paragraph 35(a) of Figure 2-1 of the Commandant
Instruction and a Record of Environmental Consideration was not
necessary.
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.
[[Page 42940]]
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 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. Add temporary Sec. 100.35T08-0703 to read as follows:
Sec. 100.35T08-0703 Special Local Regulation; Tennessee River,
Huntsville, AL.
(a) Location. All navigable waters of the Tennessee River between
mile marker (MM) 333.2 and MM 337.0, Huntsville, AL.
b) Periods of enforcement. This rule will be enforced from 7 a.m.
through 2 p.m. on September 17, 2017.
(c) 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 Sector Ohio Valley (COTP) or a
designated representative.
(2) Persons or vessels desiring entry into or passage through the
area must request permission from the COTP or a designated
representative. U. S. Coast Guard Sector Ohio Valley may be contacted
on VHF Channel 13 or 16 or by telephone at 1-800-253-7465.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the special local regulation, as
well as any changes in the dates and times of enforcement.
Dated: September 8, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port, Sector Ohio Valley.
[FR Doc. 2017-19400 Filed 9-12-17; 8:45 am]
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