[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Rules and Regulations]
[Pages 39592-39594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15636]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2013-0408]
RIN 1625-AA00


Safety Zone, Tennessee River, Mile 625.5 to 626.5

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 625.5 and 
ending at mile marker 626.5, extending bank to bank. This zone is 
necessary to provide safety from the fallout from the Randy Boyd 
fireworks that are being launched on the Tennessee River at mile marker 
626.0. Entry into this zone is prohibited unless specifically 
authorized by the Captain of the Port (COTP) Ohio Valley or designated 
representative.

DATES: This temporary final rule is effective from 9 p.m. through 9:30 
p.m. on July 5, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0408]. 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, at (615) 736-5421. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
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. The Coast Guard received notice on May 15, 
2013 that this fireworks show is planned to take place on July 5, 2013. 
After a review of the event information and location, the Coast Guard 
determined that a safety zone is necessary. Given the lack of calendar 
days between notice from the event sponsor to the Coast Guard and the 
time of the scheduled event, it would be impracticable to complete the 
NPRM process within this short period. Immediate action is necessary to 
protect event participants and members of the public from the possible 
marine hazards present during a fireworks display on or over the 
waterway. Delaying the safety zone would also unnecessarily interfere 
with the planned event.
    For the same reasons, 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. Providing a full 30 
days notice and delaying the effective date for this safety zone would 
be impracticable because immediate action is necessary to protect event 
participants and members of the public from the possible marine hazards 
present during a fireworks display on or over the waterway.

B. Basis and Purpose

    The Randy Boyd fireworks display takes place on the Tennessee River 
and is launched from a floating platform in the middle of the river at 
mile marker 626.0. 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. The legal basis and authorities for this rulemaking 
establishing a safety zone are found in 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; Public Law 107-295, 116 Stat. 2064; and Department 
of Homeland Security Delegation No. 0170.1, which collectively 
authorizes the Coast Guard to establish and define regulatory safety 
zones. The Captain of the Port Ohio Valley is establishing a safety 
zone for all waters of the Tennessee River, beginning at mile marker 
625.5 and ending at 626.5 to protect persons and property from hazards 
associated with a fireworks display. Entry into this zone is prohibited 
unless specifically authorized by the Captain of the Port Ohio Valley 
or a designated representative.

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 625.5 
and ending at 626.5. Vessels shall not enter into, depart from, or move 
within this safety zone without permission from the Captain of the Port 
Ohio Valley or designated 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 from 9:00 p.m. until 9:30 p.m. on July 5, 2013. The Captain 
of the Port Ohio Valley will inform the public through broadcast 
notices to mariners of the enforcement period for the safety

[[Page 39593]]

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 625.5 through 626.5 and covers a period of one hour, from 9:00 
p.m. through 9:30 p.m. on July 5, 2013. Due to its short duration and 
limited scope, affecting only one mile of the waterway, 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 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 625.5 to 626.5 on the Tennessee River, from 9:00 p.m. to 
9:30 p.m. on July 5, 2013. The safety zone will not have a significant 
economic impact on a substantial number of small entities because this 
rule will be in effect for a short period of time, will be of limited 
scope, and affects only one mile of the waterway. 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.

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 
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 expenditure, 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

    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

[[Page 39594]]

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 one 
mile temporary safety zone to provide safety for persons and property 
nearby fireworks that are being launched on the Tennessee River at mile 
marker 626.0 scheduled to take place during the evening of July 5, 
2013. This rule will be in effect for 30 minutes from 9:00 p.m. to 9:30 
p.m. This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction.
    An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

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 U. S. 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.T08-0408 to read as follows:


Sec.  165.T08-0408  Safety Zone; Tennessee River, Miles 625.5 to 626.5, 
Knoxville, TN.

    (a) Location. The following area is a safety zone: all waters of 
the Tennessee River, beginning at mile marker 625.5 and ending at mile 
marker 626.5.
    (b) Effective date. This rule is effective from 9 p.m. to 9:30 p.m. 
on July 5, 2013.
    (c) 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 a designated 
representative.
    (2) Persons or vessels requiring entry into or passage through the 
safety zone 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.
    (3) 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.
    (d) Informational broadcasts: The Captain of the Port Ohio Valley 
or a designated representative 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: June 13, 2013.
L.W. Hewett,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2013-15636 Filed 7-1-13; 8:45 am]
BILLING CODE 9110-04-P