[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Rules and Regulations]
[Pages 41886-41887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18674]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0691]
RIN 1625-AA08


Special Local Regulation; Tennessee River, Knoxville, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for all navigable waters of the Tennessee River from mile 
marker (MM) 641 to MM 648.7. This special local regulation is necessary 
to provide safety for the participants of the Bridges to Bluffs marine 
event in Knoxville, TN. This regulation prohibits vessels from entering 
into, transiting through, or anchoring in the Tennessee River from MM 
641 to MM 648.7 from 9 a.m. through 1 p.m. unless authorized by the 
Captain of the Port Sector Ohio Valley (COTP).

DATES: This rule is effective from 9 a.m. through 1 p.m. on September 
17, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0691 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 Jonathan Braddy. U.S. Coast Guard Marine 
Safety Detachment Nashville at 615-736-5421, email: 
[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

    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 it is impracticable. We must 
establish this special local regulation by September 17, 2017 and lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing this 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. For the reasons stated 
above, delaying this rule would be contrary to the public interest of 
ensuring the safety of participants, spectators, and vessels during the 
marine event.

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 Sector Ohio Valley (COTP) has determined 
the need to protect participants during the Bridges to Bluffs marine 
event on the Tennessee River from mile marker (MM) 641 to MM 648.7. The 
purpose of this rule is to protect personnel, vessels, and these 
navigable waters before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    This rule establishes a temporary special local regulation from 9 
a.m. through 1 p.m. on September 17, 2017. The temporary special local 
regulation will cover all navigable waters of the Tennessee River from 
MM 641 to MM 648.7. The duration of the special local regulation is 
intended to ensure the safety of waterway users and these navigable 
waters before, during, and after the scheduled event. No vessel or 
persons are permitted to enter the special local regulated area without 
obtaining permission from the COTP. 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulation. 
The river will be closed to all vessel traffic for a seven hour period 
from 9 a.m. to 1 p.m. from MM 641 to MM 648.7. The Coast Guard will 
issue written Local Notice to Mariners and Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the temporary special local 
regulation that is in place.

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 due to the limited scope and duration of the rule.
    While some owners or operators of vessels intending to transit the 
special local regulation, 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

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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 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 the establishment of a special local regulation that 
would prohibit entry of vessels on the Tennessee River from MM641 to MM 
648.7 for four hours on one day. It is categorically excluded from 
further review under paragraph 34(h) of Figure 2-1 of the Commandant 
Instruction. A Record of Environmental Consideration supporting this 
determination is 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.

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.  100.35T08-0691 to read as follows:


Sec.  100.35T08-0691   Special Local Regulation; Tennessee River, 
Knoxville, TN.

    (a) Special local regulated area. The following area is a temporary 
special local regulation: All navigable waters of the Tennessee River 
between mile marker (MM) 641 and MM 648.7 Knoxville, TN.
    (b) Effective date. This special local regulation is effective from 
9 a.m. through 1 p.m. on September 17, 2017.
    (c) Special local regulations. In accordance with the general 
regulations in Sec.  100.801 of this part, entry into this area is 
prohibited unless authorized by Captain of the Port Sector Ohio Valley 
(COTP) or a designated representative. Vessels are not permitted to 
transit through or within the area while swimmers are in the water from 
9 a.m. through 1 p.m.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through Local Notice to Mariners 
and Broadcast Notices to Mariners of the enforcement period for the 
special local regulation, as well as any changes in the planned 
schedule.

    Dated: August 25, 2017.
M.A. Wike,
Commander, U.S. Coast Guard, Acting Captain of the Port, Sector Ohio 
Valley.
[FR Doc. 2017-18674 Filed 9-1-17; 8:45 am]
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