[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Rules and Regulations]
[Pages 39184-39187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14276]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0322]
RIN 1625-AA08


Special Local Regulation; Cumberland River, Mile 190.5 to 194.0; 
Nashville, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a special local regulation for 
all waters of the Cumberland River beginning at mile marker 190.5 and 
ending at mile marker 194.0. This special local regulation is necessary 
to

[[Page 39185]]

provide safety for the participants in the ``Thunder on the 
Cumberland'' marine event. This rulemaking restricts transits into, 
through and within the regulated area unless authorized by the Captain 
of the Port Ohio Valley or a designated representative. We invite your 
comments on this rulemaking to assess for future and events and similar 
rulemakings.

DATES: This rule is effective from 9 a.m. on June 17, 2016 through 6 
p.m. on June 19, 2016. Comments and related material must be received 
by the Coast Guard on or before July 18, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0322 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Ashley Schad, MSD Nashville, Nashville, TN, 
at 615-736-5421 or at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Fairchild Racing is conducting power boat races daily beginning on 
June 17, 2016 through June 19, 2016. The Coast Guard is issuing this 
temporary 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 the scheduled race event, consisting of various sized 
power vessels with at least 50 participants on the Cumberland River, 
presents potential navigational safety hazards. The Captain of the Port 
Ohio Valley (COTP) was notified of this event earlier this year and 
upon receiving and understanding all the details of the racing event, 
determined that additional safety measures are necessary to protect 
participants, spectators, and waterway users during this event. It is 
impracticable to publish an NPRM because we must establish this special 
local regulation by June 17, 2016. This rule provides for a comment 
period and comments received will be reviewed and analyzed to assist 
the Coast Guard in future rulemakings establishing similar regulatory 
requirements. The Coast Guard will notify the public and maritime 
community that this special local regulation will be in effect and of 
its enforcement periods via broadcast notices to mariners (BNM).
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to establish a special local regulation to 
protect participants and spectators during the ``Thunder on the 
Cumberland'' racing event beginning on June 17, 2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Ohio Valley (COTP) has determined that 
potential safety hazards associated with a speed-boat race on a 
navigable waterway present safety concerns for participants, 
spectators, and other person and vessels on the waterway. This rule is 
needed to protect personnel, vessels, and these navigable waters 
before, during, and after the scheduled racing event.

IV. Discussion of the Rule

    This rule establishes a special local regulation which will be 
enforced from 9 a.m. to 11 a.m. and 12 p.m. to 6 p.m. daily from June 
17, 2016 through June 19, 2016, for all waters of the Cumberland River 
beginning at mile marker 190.5 and ending at mile marker 194.0. The 
duration of the special local regulation is intended to ensure the 
safety of vessels, participants, spectators and other waterway users 
before, during, and after the scheduled event. No vessel or person 
would be permitted to enter the regulated area without obtaining 
permission from the COTP or a designated representative. The regulatory 
text for this rule appears at the end of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive order related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulation. 
This special local regulation restricts transit on the Cumberland River 
from mile 190.5 to mile 194.0, for 8 hours a day for three days in 
June; Broadcast Notices to Mariners and Local Notices to Mariners will 
inform the community of this special local regulation and any changes 
in the planned scheduled so that they may plan accordingly for transits 
during this short restriction. Vessel traffic may request permission 
from the COTP Ohio Valley or a designated representative to enter the 
restricted area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the 
special local regulated area may be small entities, for the reasons 
stated in section V.A above this rule would not have a significant 
economic impact on any vessel owner or operator.
    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

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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 section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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

F. 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 (42 U.S.C. 4321-4370f), and have determined 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 special local regulated area that would prohibit entry to 
unauthorized vessels. It is categorically excluded from further review 
under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist 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.

G. 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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of future regulations 
and rulemakings. If you submit a comment, please include the docket 
number for this rulemaking, indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this TFR as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 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. Add Sec.  100.35T08-0322 to read as follows:


Sec.  100.35T08-0322  Special Local Regulation; Cumberland River Mile 
190.5 to 194.0, Nashville, TN.

    (a) Regulated area. All waters of the Cumberland River beginning at 
mile marker 190.5 and ending at mile marker 194.0 at Nashville, TN.
    (b) Periods of enforcement. This rule will be enforced from 9 a.m. 
to 11 a.m. and from 12 p.m. to 6 p.m. daily June 17, 2016 through June 
19, 2016.
    (c) Regulations. (1) Entry into or transit through 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.
    (d) Informational broadcasts. The Captain of the Port Ohio Valley 
or a designated representative will inform

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the public through broadcast notices to mariners of the enforcement 
period for this special local regulation as well as any changes in the 
dates and times of enforcement.

    Dated: May 26, 2016.
R. V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-14276 Filed 6-15-16; 8:45 am]
 BILLING CODE 9110-04-P