[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Rules and Regulations]
[Pages 43488-43490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15741]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0169]
RIN 1625-AA08


Special Local Regulation; Cumberland River, Mile 190.0 to 191.5; 
Nashville, 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 Cumberland River beginning at mile marker 190.0 and 
ending at mile marker 191.5 from 9 a.m. until noon on July 30, 2016. 
This special regulation is necessary to provide safety for the 
participants in the ``Music City SUP Race'' marine event. This 
rulemaking prohibits persons and vessels from being in the special 
local regulated area unless authorized by the Captain of the Port Ohio 
Valley or a designated representative.

DATES: This rule is effective from 9 a.m. until noon on July 30, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0169 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

    On January 28, 2016, the Nashville Paddle Company notified the 
Coast Guard that it will be conducting a rowing race from 9 a.m. to 
noon on July 30, 2016. The event will consist of at least 75 
participants on various sized stand up paddle boards and kayaks on the 
Cumberland River. The Captain of the Port Ohio Valley (COTP) determined 
that additional safety measures are necessary to protect participants, 
spectators, and waterway users during this event. In response, on June 
10, 2016, the Coast Guard published a notice of proposed rulemaking 
(NPRM) Special Local Regulation; Cumberland River, Mile 190.0 to 191.5; 
Nashville, TN (81 FR 37562).
    There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this marine event. During the 
comment period that ended June 27, 2016 we received no comments.

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 hazards associated with the marine event in this July 30, 
2016, event will be a safety concern for the participants of the event. 
The purpose of this rule is to ensure safety of vessels and 
participants and the navigable waters in the special local regulation 
area before, during, and after the scheduled event.

[[Page 43489]]

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published May 
15, 2016. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM other than providing the final 
enforcement times and date.
    This rule establishes a special local regulation for all waters of 
the Cumberland River beginning at mile marker 190.0 and ending at mile 
marker 191.5 from 9 a.m. until noon on July 30, 2016. The duration of 
the regulated area is intended to ensure the safety of vessels and 
participants and these navigable waters before, during, and after the 
scheduled 9 a.m. to noon marine event. No vessel or person will be 
permitted to enter the regulated area without obtaining permission from 
the COTP or a designated representative.

V. 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 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 rule restricts transit on the Cumberland River from mile 190.0 to 
191.5, for a short duration of 3 hours on one day; Broadcast Notice to 
Mariners and Local Notices to Mariners 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.

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 received no comments from the Small Business 
Administration on this 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.
    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 will 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 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.

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 a special local regulated area lasting 3 hours that will 
prohibit entry within the regulated area. 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.

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

[[Page 43490]]

coordinate protest activities so that your message can be received 
without jeopardizing the safety or security of people, places or 
vessels.

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. Add Sec.  100.35T08-0169 to read as follows:

Sec.  100.35T08-0169  Special Local Regulation; Cumberland River Mile 
190.0 to Mile 191.5; Nashville, TN.

    (a) Location. All waters of the Cumberland River beginning at mile 
marker 190.0 and ending at mile marker 191.5 at Nashville, TN.
    (b) Enforcement period. This special local regulation will be 
enforced from 9 a.m. until noon on July 30, 2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.801 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.

    Dated: June 28, 2016.
R. V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-15741 Filed 7-1-16; 8:45 am]
 BILLING CODE 9110-04-P