[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Rules and Regulations]
[Pages 48063-48065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19400]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0489]
RIN 1625-AA08


Special Local Regulation; Cumberland River, Mile 127.0 to 128.0; 
Clarksville, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation from mile 127.0 to mile 128.0, extending bank to bank on the 
Cumberland River. This zone is necessary to protect participants of the 
``Tri Clarksville Triathlon'' during the swim portion of the event. 
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 on August 23, 2014 from 7:00 a.m. to 9:30 
a.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0489]. 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 Chad Phillips, Marine Safety 
Detachment Nashville, Coast Guard; at (615) 736-5421, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, 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
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)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule. Completing the full NPRM process is 
contrary to the public interest as it would delay the additional safety 
measures necessary to protect participants and event personnel from the 
possible marine hazards present during the swimming portion of this 
event. The ``Tri Clarksville Triathlon'' is planned to take place on 
August 23, 2014; the swimming portion of this event will take place on 
the Cumberland River at approximately 127.4. Upon reviewing the details 
of this event, the Coast Guard determined that a special local 
regulation is necessary during the event's swim portion. The event has 
been advertised and is planned by the local community. Delaying the 
special local regulation would also unnecessarily interfere with the 
planned event and has the potential to affect contractual obligations 
of the event sponsors.
    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 30 days 
notice for this occurrence would unnecessarily delay the effective date 
and would be contrary to public interest because immediate action is 
necessary to protect event participants from the possible marine 
hazards present during the swim portion of this event.

B. Basis and Purpose

    The swim portion of the ``Tri Clarksville Triathlon'' takes place 
on the Cumberland River from mile 127.0 to 128.0. The Coast Guard 
determined that a temporary special local regulation is needed to 
protect the 700 participants in the ``Tri Clarksville Triathlon'' 
during the swim portion. The legal basis and authorities for this rule 
are found in 33 U.S.C. 1233, which authorizes 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, from mile 127.0 to 128.0 to protect the participants 
during the swim portion of the ``Tri Clarksville 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, from mile 127.0 to 128.0, during 
the swim portion of the ``Tri Clarksville Triathlon''. During this 
event, vessels shall not enter into, depart from, or move within the 
regulated area without permission from the COTP Ohio Valley or his 
authorized representative. Persons or vessels requiring entry into or 
passage through the regulated area must request permission from the 
COTP Ohio Valley, or a designated representative. Sector Ohio Valley 
may be contacted on VHF-FM Channel 13 or 16, or 1-800-253-7465. This 
rule is effective from 7:00 a.m. to 9:30 a.m. August 23, 2014. 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 those Orders.
    This special local regulation restricts transit on the Cumberland 
River from mile 127.0 to 128.0 and covers a period of two and one half 
hours, from 7:00 a.m. to 9:30 a.m. on August 23, 2014. Due to its short 
duration and limited scope, it does not pose a significant regulatory 
impact. 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 or 
deviate from this regulation. Requests to deviate from this

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regulation will be considered on a case-by-case basis.

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 
from mile 127.0 to 128.0 on the Cumberland River, from 7:00 a.m. to 
9:30 a.m. on August 23, 2014. 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. Before the activation of the zone, we would issue maritime 
advisories widely available to waterway users. 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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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.

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 rule 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 special local regulation to 
protect the participants in the swimming portion of the ``Tri 
Clarksville Triathlon'' on the Cumberland River from mile 127.0 to 
128.0 for two and one half hour period on one day. This rule is 
categorically excluded, under figure 2-1, paragraph (34)(h), of the 
Commandant Instruction.
    An environmental analysis was performed during the marine event 
permit process for the swimming 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 is revised to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. A new temporary Sec.  100.T08-0489 is added to read as follows:


Sec.  100.T08-0489  Special Local Regulation; Cumberland River, Miles 
127.0 to 128.0, Clarksville, TN.

    (a) Location. The following area is a regulated area: All waters of 
the Cumberland River, beginning at mile 127.0 and ending at mile 128.0.
    (b) Enforcement date. This section will be enforced from 7:00 a.m. 
to 9:30 a.m. on August 23, 2014.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.35, entry into this area is prohibited unless

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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 is being enforced 
and if there are changes to the planned schedule and enforcement period 
for this special local regulation.

    Dated: July 22, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-19400 Filed 8-14-14; 8:45 am]
BILLING CODE 9110-04-P