[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Rules and Regulations]
[Pages 29020-29022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11749]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0075]
RIN 1625-AA00


Safety Zone; Tennessee River, Mile 463.5 to 464.5; 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 463.5 and 
ending at mile marker 464.5, extending bank to bank. This safety zone 
is necessary to protect persons and vessels from the potential safety 
hazards associated with the Riverbend Festival fireworks. Entry into 
this zone is prohibited unless specifically authorized by the Captain 
of the Port (COTP) Ohio Valley or designated representative.

DATES: This rule is effective from 10:30 p.m. until midnight on June 
15, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0075]. To view documents mentioned in this 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 
temporary rule, call Petty Officer James Alter, Marine Safety 
Detachment Nashville, U.S. Coast Guard; telephone (615) 736-5421, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Barbara Hairston, 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. 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 it is impracticable. Due to the need 
for immediate action, the restriction of vessel traffic is necessary to 
protect life, property and the environment;

[[Page 29021]]

therefore, a 30-day notice and comment period is impracticable. In the 
future, the Coast Guard intends to publish this event as an annual 
fireworks display requiring safety zones in the schedule located at 33 
CFR 165.801.
    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. Delay in the effective date will 
be contrary to the public interest. Immediate action is needed to 
ensure public safety in the vicinity of the fireworks launching area.

B. Basis and Purpose

    The Coast Guard is issuing this safety zone under the authority of 
33 U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 
33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5, and 165 Subpart C; Pub. L. 107-
295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 
0170.1, collectively authorize the Captain of the Port to establish and 
define regulatory safety zones.
    The Captain of the Port Ohio Valley is establishing a safety zone 
for the waters of the Tennessee River, beginning at mile marker 463.5 
and ending at 464.5 to protect persons and vessels from potential 
safety hazards associated with the Riverbend Festival fireworks. The 
Riverbend Festival fireworks display takes place on the Tennessee River 
and is launched from the right descending bank at mile marker 464.0. 
Fireworks displays taking place on or over a waterway pose possible 
hazards to the marine traffic and spectators on the waterway during the 
display. The Coast Guard determined that a temporary safety zone is 
needed to protect life and property during the fireworks display.

C. Discussion of the Final Rule

    The Captain of the Port Ohio Valley is establishing a safety zone 
for the waters of the Tennessee River, beginning at mile marker 463.5 
and ending at 464.5. Vessels shall not enter into, depart from, or move 
within this safety zone without permission from the Captain of the Port 
Ohio Valley or his authorized representative. Persons or vessels 
requiring entry into or passage through a safety zone must request 
permission from the Captain of the Port Ohio Valley, or a designated 
representative. They may be contacted on VHF-FM Channel 13 or 16, or 
through Coast Guard Sector Ohio Valley at 1-800-253-7465. This rule is 
effective, and will be enforced, from 10:30 p.m. until midnight on June 
15, 2013. The Captain of the Port Ohio Valley will inform the public 
through broadcast notices to mariners of the enforcement period for the 
safety zone as well as any changes in the planned schedule.

D. 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 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 that Order.
    This safety zone restricts transit on the Tennessee River from mile 
marker 463.5 through 464.5 and covers a period of one and a half hour 
period, from 10:30 p.m. through midnight on June 15, 2013. Due to its 
short duration and limited scope, it does not pose a significant 
regulatory impact. Broadcast Notices to Mariners will also inform the 
community of this safety zone 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.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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.

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.
    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.

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 
INTFORMATION 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

[[Page 29022]]

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

    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 does not create an 
environmental risk to health or risk to safety that may 
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 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

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 concluded 
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 establishing a temporary safety zone to provide safety 
for the spectators viewing the fireworks that are being launched on the 
Tennessee River at mile marker 463.5 in for a one and a half hour 
period on one day. This rule is categorically excluded, under figure 2-
1, paragraph (34)(g), of the Instruction.

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; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0075 to read as follows:


Sec.  165.T08-0075  Safety Zone; Tennessee River, Miles 463.5 to 464.5, 
Chattanooga, TN.

    (a) Effective date. This section is effective from 10:30 p.m. to 
midnight on June 15, 2013.
    (b) Location. The following areas are safety zones: All waters of 
the Tennessee River, beginning at mile marker 463.5 and ending at mile 
marker 464.5.
    (c) Enforcement periods. The safety zone described in paragraph (b) 
above will only be enforced from 10:30 p.m. until midnight on June 15, 
2013. Additionally, mariners and other members of the public may 
contact the Coast Guard at 1-800-253-7465 to inquire about the status 
of the safety zone.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Ohio Valley or designated 
personnel. Designated personnel include commissioned, warrant, and 
petty officers of the U.S. Coast Guard assigned to units under the 
operational control of the USCG Sector Ohio alley.
    (2) Persons or vessels requiring entry into or passage through the 
zone must request permission from the Captain of the Port Ohio Valley 
or designated personnel. U. S. Coast Guard Sector Ohio Valley may be 
contacted on VHF Channel 13 or 16, or at 1-800-253-7465.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Ohio Valley and designated personnel.
    (e) Informational broadcasts: The Captain of the Port Ohio Valley 
or designated personnel will inform the public through broadcast notice 
to mariners when the safety zone has been established and if there are 
changes to the enforcement period for this safety zone.

    Dated: April 29, 2013.
L.W. Hewett,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2013-11749 Filed 5-16-13; 8:45 am]
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