[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Rules and Regulations]
[Pages 54168-54170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21288]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[USCG-2013-0718]
RIN 1625-AA08


Special Local Regulation, Cumberland River, Mile 157.0 to 159.0; 
Ashland City, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for the waters of the Cumberland River beginning at mile 
marker 157.0 and ending at mile marker 159.0, extending bank to bank. 
This zone is necessary to protect the swimmers participating in the 
Nashvegas Triathlon on the Cumberland River. Entry into this area is 
prohibited unless specifically authorized by the Captain of the Port 
(COTP) Ohio Valley or designated representative.

DATES: This rule is effective from 6:00 a.m. to 11:30 a.m. September 7, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0718]. 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

[[Page 54169]]

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 or email at 
[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

BNM Broadcast Notices to Mariners
COTP Captain of the Port
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 June 28, 
2013 that the Nashvegas Triathlon is planned to take place on September 
7, 2013. A special local regulation is necessary during a swim event on 
the Cumberland River. There is not time to complete the NPRM process, 
and immediate action is necessary to establish this special local 
regulation to protect participants and event personnel from the 
possible marine hazards present during the swim portion of the 
triathlon. Delaying the special local regulation would also 
unnecessarily interfere with the planned event. This event is included 
in an ongoing rulemaking to be added to the CFR that can be found under 
docket number USCG-2013-0014.
    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 special local 
regulation would be impracticable because immediate action is necessary 
to protect event participants from the possible marine hazards present 
during the triathlon.

B. Basis and Purpose

    The Nashvegas Triathlon takes place on the Cumberland River from 
mile marker 157.0 to 159.0. The Coast Guard determined that a temporary 
special local regulation is needed to protect the 800 swimmers 
participating in the Nashvegas Triathlon. The legal basis and 
authorities for this rulemaking establishing a special local regulation 
are found in 33 U.S.C. 1233, which authorize the Coast Guard to 
establish and define special local regulations. The COTP Ohio Valley is 
establishing a special local regulation for the waters of the 
Cumberland River, beginning at mile marker 157.0 and ending at 159.0 to 
protect the swimmers participating in the Nashvegas Triathlon. Entry 
into this area is prohibited unless specifically authorized by the COTP 
Ohio Valley or designated representative.

C. Discussion of the Final Rule

    The COTP Ohio Valley is establishing a special local regulation for 
the waters of the Cumberland River, beginning at mile marker 157.0 and 
ending at 159.0, during the swim portion of the Nashvegas Triathlon. 
During this event, vessels shall not enter into, depart from, or move 
within the area of this special local regulation without permission 
from the COTP Ohio Valley or his authorized representative. Persons or 
vessels requiring entry into or passage through the special local 
regulation must request permission from the COTP 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 6:00 a.m. to 11:30 a.m. September 7, 2013. 
The COTP Ohio Valley will inform the public through Broadcast Notices 
to Mariners (BNM) of the enforcement period for the special local 
regulation 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 special local regulation restricts transit on the Cumberland 
River from mile marker 157.0 through 159.0 and covers a period of five 
and one half hours, from 6:00 a.m. to 11:30 a.m. September 7, 2013. Due 
to its short duration and limited scope, it does not pose a significant 
regulatory impact. Broadcast Notices to Mariners (BNM) 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.

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 157.0 to 159.0 on the Cumberland River, from 6:00 a.m. to 
11:30 a.m. on September 7, 2013. The special local regulation 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. BNMs 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.

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

[[Page 54170]]

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 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 is categorically excluded, under figure 2-1, paragraph (34)(h), of 
the Instruction. This rule involves establishing a temporary special 
local regulation to protect the swimmers participating in the Nashvegas 
Triathlon on the Cumberland River from mile markers 157.0 to 159.0 for 
five hour period on one day.
    An environmental analysis was performed during the marine event 
permit process for the triathlon event and a checklist and a 
categorical exclusion determination are not required for this special 
local regulation.

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 U. S. 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. A new temporary Sec.  100.T08-0718 is added to read as follows:


Sec.  100.T08-0718  Special local regulation; Cumberland River, Miles 
157.0 to 159.0, Ashland City, TN.

    (a) Location. The following area is a special local regulation: All 
waters of the Cumberland River, beginning at mile marker 157.0 and 
ending at mile marker 159.0.
    (b) Effective date. This section is effective and enforceable from 
6:00 a.m. to 11:30 a.m. on September 7, 2013.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.35 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.
    (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 special local regulation has been 
established and if there are changes to the enforcement period for this 
special local regulation.

    Dated: August 2, 2013.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2013-21288 Filed 8-30-13; 8:45 am]
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