[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Rules and Regulations]
[Pages 49909-49911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20406]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0337]
RIN 1625-AA08


Special Local Regulation, Tennessee River 647.0 to 648.0; 
Knoxville, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for 
all waters of the Tennessee River, beginning at mile marker 647.0 and 
ending at mile marker 648.0 on September 4-5, 2015. This special 
regulation is necessary to provide safety for the racers that will be 
participating in the ``Racing on the Tennessee.'' Entry into this area 
will be prohibited unless specifically authorized by the Captain of the 
Port Ohio Valley or designated representative.

DATES: This rule is effective and will be enforced on September 4, 2015 
through September 5, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0337. To view documents mentioned in the 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 rule, 
call or email Petty Officer Vera Max, MSD Nashville, Nashville, TN, at 
615-736-5421 or at [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

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 because specifics associated with the ``Racing on 
the Tennessee'' event were not received in time to publish an NPRM and 
seek comments before the event. Publishing an NPRM and delaying the 
effective date of this rule to await public comments would be 
impracticable and contrary to the public interest since it would 
inhibit the Coast Guard's ability to provide for the safety of the 
racers participating in the event and the safety of spectators and 
waterway users.
    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. For the same reasons discussed in 
the preceding paragraph, delaying the effective date of this rule would 
be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis and authority for this rule establishing a special 
local regulation are found in 33 U.S.C. 1233, which authorizes the 
Coast Guard to establish and define special local regulations for 
regattas under 33 CFR 100.
    The ``Racing on the Tennessee'' is an annual event being held on 
September 4 and 5, 2015. The Captain of the Port (COTP) Ohio Valley has 
determined that additional safety measures are necessary to protect 
race participants, spectators, and waterway users during this event. 
Therefore, the Coast Guard is establishing a special local regulation 
for all waters of the Tennessee River beginning at mile marker 647.0 
and ending at mile marker 648.0. This regulation will provide safety 
for the racers that will be participating in the ``Racing on the 
Tennessee'' and spectators and waterway users.

C. Discussion of Temporary Final Rule

    The COTP Ohio Valley is establishing a special local regulated area 
for all waters of the Tennessee River beginning at mile marker 647.0 
and ending at mile marker 648.0. Vessels or persons will not be 
permitted to enter into, depart from, or move within this area without 
permission from the COTP Ohio Valley or designated representative. 
Persons or vessels requiring entry into or passage through the special 
local regulated area will be required to request permission from the 
COTP Ohio Valley, or designated representative. Requests for permission 
are submitted via VHF-FM Channel 13 or 16, or through Coast Guard 
Sector Ohio Valley at 1-800-253-7465. This rule will be enforced from 
10:00 a.m. until 7:00 p.m. on September 4 and 5, 2015. The COTP Ohio 
Valley will inform the public through broadcast notices to mariners of 
the enforcement period for the special local regulated area as well as 
of any changes in the planned schedule.

E. 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

[[Page 49910]]

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.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this rule on small entities. 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. 
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. 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 647.0 to mile 
marker 648.0 on the Tennessee River, from 10:00 a.m. to 7:00 p.m. on 
September 4 and 5, 2015. This special local regulated area will not 
have a significant economic impact on a substantial number of small 
entities as it will be enforce for a limited period of time over two 
days. Additionally, although the special local regulated area will 
apply to the entire width of the river, traffic will be allowed to pass 
through the area with the permission of the COTP Ohio Valley or 
designated representative.
    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 (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. 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 expenditures, 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 From Environmental Health Risks

    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 will not create an 
environmental risk to health or risk to safety that might 
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 will 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 because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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 made a 
preliminary determination 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 the COTP Ohio 
Valley establishing a special local regulation for all waters of the 
Tennessee River beginning at mile marker 647.0 and ending at mile 
marker 648.0 to provide safety for the racers that will be 
participating in the ``Racing on the Tennessee.'' This rule is 
categorically excluded from further review under paragraph 34(h) of 
Figure 2-1 of the Commandant Instruction. A preliminary environmental 
analysis checklist

[[Page 49911]]

supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, and 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 WATERWAYS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233

0
2. Temporary Sec.  100.801T08-0337 is added to read as follows:


Sec.  100.35T08-0337  Special Local Regulation; Tennessee River Mile 
647.0 to 648.0, Knoxville, TN.

    (a) Regulated area. The following location is a regulated area: All 
waters of the Tennessee River beginning at mile marker 647.0 and ending 
at mile marker 648.0.
    (b) Enforcement period. This section will be enforced from 10 a.m. 
to 7 p.m. on September 4 and 5, 2015.
    (c) Special local regulations. (1) The general regulations 
contained in 33 CFR 100.35 as well as the regulations in this section 
apply to the Regulated Area.
    (2) Entry into the Regulated Area is prohibited unless authorized 
by the Captain of the Port Ohio Valley or a designated representative.
    (3) The Captain of the Port Ohio Valley or a designated 
representative will inform the public through broadcast notice to 
mariners of the enforcement period for the special local regulation.
    (4) Persons or vessels requiring entry into or passage through the 
Regulated 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.
    (5) 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.

    Dated: July 13, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-20406 Filed 8-17-15; 8:45 am]
 BILLING CODE 9110-04-P