[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Rules and Regulations]
[Pages 10786-10788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04968]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0006]
RIN 1625-AA00


Safety Zone; Tennessee River, Huntsville, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Tennessee River from mile marker (MM) 322.0 
to MM 325.0. The safety zone is necessary to provide for the safety of 
life and vessels during cargo transfer operations taking place at 
Redstone Arsenal. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Sector Ohio Valley (COTP) or a designated representative.

DATES: This rule is effective without actual notice from March 13, 2018 
through March 16, 2018, or until the cargo operation ceases, whichever 
comes first. For the purposes of enforcement, actual notice will be 
used from March 5, 2018 through March 13, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0006 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 Vera Max, MSD Nashville, U.S. Coast Guard; 
telephone 615-736-5421, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
LNM Local Notice to Mariners
FR Federal Register
MM Mile marker
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 safety zone by March 5, 2018 and lack sufficient time to 
provide a reasonable comment period and then consider those comments 
before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because the event will take place before the 30 days and this rule is 
necessary to provide for public safety against the potential hazards 
associated with this cargo transfer operation.

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 Sector Ohio Valley (COTP) has determined 
that potential hazards associated with a cargo transfer operation 
taking place at Redstone Arsenal during the period from March 5, 2018 
through March 16, 2018 will be a safety concern for all navigable 
waters of the Tennessee River between mile markers (MMs) 322.0 and 
325.0. The purpose of this rule is to ensure safety of life on the 
navigable waters in the temporary safety zone before, during, and after 
the cargo transfer operations.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from March 5, 2018 
through March 16, 2018, or until the cargo operation is completed, 
whichever comes first. The temporary safety zone will cover all 
navigable waters of the Tennessee River between MMs 322.0 and 325.0. 
Transit into and through this area is prohibited during periods of 
enforcement. The periods of enforcement will be prior to, during, and 
30 minutes after any vessel movement and cargo transfer operations at 
Redstone Arsenal. The Coast Guard was informed that the operations will 
take place during daylight hours over approximately two days. Safety 
zone enforcement times will be announced via Broadcast Notice to 
Mariners (BNM), Local Notices to Mariners (LNM), or through other means 
of public notice and at least 1 hour notice will be provided before 
each enforcement period.
    The duration of the temporary safety zone is intended to ensure the 
safety of life and vessels on these navigable waters before, during, 
and after the cargo transfer operations taking place at Redstone 
Arsenal. All vessels intending to transit the Tennessee River between 
MMs 322.0 and 325.0 from March 5, 2018 through March 16, 2018 must 
contact the COTP or a designated representative to request permission 
to transit at a time when critical operations

[[Page 10787]]

are not taking place. Entry into this safety zone is prohibited unless 
specifically authorized by the COTP or a designated representative. 
Entry requests will be considered and reviewed on a case-by-case basis. 
The COTP may be contacted by telephone at 1-800-253-7465 or can be 
reached by VHF-FM channel 16.

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-year of the temporary safety zone. This 
safety zone prohibits transit on a three mile stretch of the Tennessee 
River only during critical cargo transfer operations at Redstone 
Arsenal over approximately two days, during a time of year that 
experiences lower than normal traffic. 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 means of 
public notice 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 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 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 M16475.1D, 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 safety zone that would prohibit entry to vessels during 
cargo transfer operations at Redstone Arsenal. It is categorically 
excluded from further review under paragraph L60(a) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. 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 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
Recordkeeping Requirements, Security Measures, Waterways.


[[Page 10788]]


    For the reasons discussed in the preamble, the 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. Add Sec.  165.T08-0006 to read as follows:


Sec.  165.T08-0006   Safety zone; Tennessee River, Huntsville, AL.

    (a) Location. The following area is a temporary safety zone area: 
all navigable waters of the Tennessee River between Mile Marker (MM) 
322.0 and MM 325.0, Huntsville, AL.
    (b) Effective date. This section is effective from March 5, 2018 
through March 16, 2018 or until the cargo operation is completed, 
whichever comes first.
    (c) Periods of enforcement. This section will be enforced prior to 
and 30 minutes after all vessel movement and cargo transfer operations 
taking place at Redstone Arsenal. The Captain of the Port Sector Ohio 
Valley (COTP) or a designated representative will inform the public 
through Broadcast Notice to Mariners (BNM), Local Notices to Mariners 
(LNM), or through other means of public notice at least 1 hour 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 zone is prohibited unless 
specifically authorized by the COTP or a designated representative. 
Persons or vessels desiring to enter into or pass through the zone must 
request permission from the COTP or a designated representative. They 
may be contacted by telephone at 1-800-253-7465 or on VHF-FM radio 
channel 16.
    (2) Persons and vessels permitted to enter this safety zone must 
transit at the slowest safe speed and comply with all lawful directions 
issued by the COTP or a designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the temporary safety zone as 
well as any changes in the planned schedule.

    Dated: March 5, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-04968 Filed 3-12-18; 8:45 am]
 BILLING CODE 9110-04-P