[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Rules and Regulations]
[Pages 70358-70360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24642]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0845]
RIN 1625-AA00


Safety Zone; Tennessee River, Knoxville, TN, MM TNR 646.9-647.1

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Tennessee River beginning at mile marker 646.9 and 
ending at mile marker 647.1, extending bank to bank. This temporary 
safety zone is necessary to protect persons and property from potential 
damage and safety hazard during fireworks displays on or over the 
navigable waterway. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Ohio Valley or a designated representative.

DATES: This rule is effective without actual notice from October 12, 
2016 until November 19, 2016. For the purposes of enforcement, actual 
notice will be used from September 1, 2016 until October 12, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0845 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

    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 event sponsor submitted the event 
application on August 9, 2016. This late submission did not give the 
Coast Guard enough time to complete the full NPRM process. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by September 1, 2016.
    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 this rule 
would be contrary to public interest of ensuring the safety of 
spectators and vessels during the event. Immediate action is necessary 
to prevent possible loss of life and property during the hazards 
created by a barge-based fireworks display near and over the navigable 
waterway.

[[Page 70359]]

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Ohio Valley (COTP) has determined the 
need to protect persons, property, and infrastructure during the 
fireworks display taking place on the left descending bank of Tennessee 
River at mile marker 646.9 to 647.1 during University of Tennessee home 
football games. This rule is needed to protect personnel, vessels, and 
these navigable waters before, during, and after the fireworks display 
take place.

IV. Discussion of the Rule

    The Captain of the Port Ohio Valley is establishing this safety 
zone effective from September 1, 2016 through November 19, 2016, for 
all waters of the Tennessee River beginning at mile marker 646.9 and 
ending at mile marker 647.1. The periods of enforcement will be 30 
minutes prior to, during, and 30 minutes after any fireworks display 
that takes place on the left descending bank during University of 
Tennessee home football games. The Coast Guard was informed that there 
will be a total of seven football games that will have fireworks take 
place. Safety zone enforcement times will be announced via Broadcast 
Notice to Mariners (BNM), Local Notices to Mariners (LNM), or through 
other public notice and at least 12-24 hour notice will be provided 
before each enforcement period. Any deviations from this rule are 
prohibited unless specifically authorized by the COTP Ohio Valley, or a 
designated representative. Deviation requests will be considered and 
reviewed on a case-by-case basis. The COTP Ohio Valley may be contacted 
by telephone at 1-800-253-7465 or can be reached by VHF-FM channel 16.
    The duration of each safety zone enforcement period is intended to 
protect persons, property, and infrastructure from safety hazards 
associated with fireworks displays. No vessel or person would be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. The regulatory text we are 
establishing appears at the end of this document.

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 safety zone.
    This safety zone prohibits transit on the Tennessee River from mile 
646.9 to mile 647.1, 30 minutes prior to, during, and 30 minutes after 
fireworks displays from the left descending bank during approximately 
seven University of Tennessee home football games from September 1, 
2016 through November 19, 2016. Broadcast Notices to Mariners and Local 
Notices to Mariners will also inform the community of the safety zone 
enforcement periods through BNM, LNM and other forms of public notice 
so that they may plan accordingly for each short enforcement period 
restricting 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 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 
safety zone 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 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

[[Page 70360]]

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.

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. 4321-4370(f), 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 safety zone that would prohibit entry to unauthorized 
vessels. It is categorically excluded from further review under 
paragraph 34(g) 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the U.S. Coast Guard 
amends 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Temporary Sec.  165.35T08-0845 is added to read as follows:


Sec.  165.35T08-0845  Safety Zone; Tennessee River, Knoxville, TN.

    (a) Location. All waters of the Tennessee River beginning at mile 
marker 646.9 and ending at mile marker 647.1 Knoxville, TN.
    (b) Effective date. This rule is effective from September 1, 2016 
through November 19, 2016.
    (c) Periods of enforcement. This rule will be enforced from 30 
minutes prior to and 30 minutes after all fireworks displays from the 
left descending bank during University of Tennessee football games. The 
Captain of the Port Ohio Valley or a designated representative will 
inform the public through Broadcast Notice to Mariners (BNM), Local 
Notices to Mariners (LNM), or through other public notice and at least 
12-24 in advance of each enforcement period.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 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: September 1, 2016.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-24642 Filed 10-11-16; 8:45 am]
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