[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Rules and Regulations]
[Pages 22613-22615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10000]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0336]
RIN 1625-AA00


Safety Zone; Tennessee River 323.0-325.0, Huntsville, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for all 
navigable waters of the Tennessee River beginning at mile marker 323.0 
and ending at mile marker 325.0 beginning at noon on May 15, 2017 
through noon on May 22, 2017. This safety zone is necessary to protect 
persons, property, and infrastructure from potential damage and safety 
hazards associated with a cargo transfer operation taking place at the 
Redstone Arsenal. This rule prohibits persons and vessels from entering 
the safety zone area unless authorized by the Captain of the Port Ohio 
Valley or a designated representative.

DATES: This rule is effective without actual notice from May 17, 2017 
through noon on May 22, 2017. For purposes of enforcement, actual 
notice will be used from noon on May 15, 2017, through May 17, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0336 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
COTP Captain of the Port Ohio Valley
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 April 18, 2017, Redstone Arsenal notified the Coast Guard of 
cargo transfer operations that would take place from May 15, 2017 to 
May 22, 2017 during the movement of hazardous cargo. The cargo transfer 
operations will take place at various times determined by environmental 
factors. The Captain of the Port Ohio Valley (COTP) has determined that 
this safety zone is necessary to protect persons, property, and 
infrastructure before, during, and after the cargo transfer operations.
    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 Coast Guard was informed of this 
project in early April, but full details of the operation on or over 
the navigable waterway were not provided until April 18, 2017. The 
notification of operations was made only a few weeks before the project 
was scheduled to begin. Immediate action is needed to respond to 
potential safety hazards related to this cargo transfer operation on or 
over this navigable waterway. We must establish this safety zone by May 
15, 2017. As such, it is impracticable to publish an NPRM because we 
lack sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    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 safety zone to protect 
persons, property, and infrastructure whenever cargo transfer 
operations take place at Redstone Arsenal from May 15, 2017 until May 
22, 2017.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined the need to protect persons, property, 
and infrastructure during the cargo transfer operations taking place at 
the Redstone Arsenal on the Tennessee River at mile marker 323.0 to 
mile marker 325.0. This rule is needed to protect personnel, vessels, 
and these navigable waters before, during, and after cargo transfer 
operations take place.

IV. Discussion of the Rule

    The Captain of the Port Ohio Valley is establishing this safety 
zone from May 15, 2017 through May 22, 2017 for all navigable waters of 
the Tennessee River beginning at mile marker 323.0 and ending at mile 
marker 325.0. The Coast Guard was informed that the operations would 
take place during daylight hours. All vessels intending to transit the 
Tennessee River between mile markers 323.0 and 325.0 from May 15, 2017 
to May 22, 2017 must contact COTP or a designated representative to 
request permission to transit at a time when critical operations are 
not taking place. If transit permission is granted, the Tennessee River 
between mile markers 323.0 and 325.0 will be a no wake zone. Safety 
zone enforcement times will be announced via Broadcast Notice to 
Mariners (BNM), Local Notices to

[[Page 22614]]

Mariners (LNM), Securities, or through other public notice. Any 
deviation from this rule is prohibited unless specifically authorized 
by the COTP or a designated representative. The COTP may be contacted 
by telephone at 1-800-253-7465 or can be reached by VHF-FM channel 16.
    The safety zone is intended to protect persons, property, and 
infrastructure from safety hazards associated with cargo transfer 
operations. No vessel or person will 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 
323.0 to mile 325.0, prior to, during, and 30 minutes after any vessel 
movement and cargo transfer operations from May 15, 2017 through May 
22, 2017. BNMs, LNMs and other forms of public notice will also inform 
the community of the safety zone enforcement so that they may plan 
accordingly for each enforcement period restricting transit. Vessel 
traffic must request permission from the COTP 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 (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 
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 area 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 
Record of Environmental Consideration 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 coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

[[Page 22615]]

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.T08-0336 is added to read as follows:


Sec.  165.T08-0336  Safety Zone; Tennessee River Miles 323.0 to 325.0, 
Huntsville, AL.

    (a) Location. All navigable waters of the Tennessee River beginning 
at mile marker 323.0 and ending at mile marker 325.0 in Huntsville, AL.
    (b) Effective date. This rule is effective from noon on May 15, 
2017 through noon on May 22, 2017.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this area is prohibited unless authorized by 
the Captain of the Port Ohio Valley (COTP) or a designated 
representative.
    (2) Persons or vessels requiring entry into or passage through the 
area must request permission from the COTP 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: May 12, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2017-10000 Filed 5-16-17; 8:45 am]
 BILLING CODE 9110-04-P