[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Rules and Regulations]
[Pages 51338-51340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22160]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0937]
RIN 1625-AA00
Safety Zone; Transmission Line Survey, Tennessee River Mile
Marker 300 to 302, Decatur, 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 300 to
mile marker 302. This safety zone is necessary to protect persons,
property, and the marine environment from potential hazards associated
with the underwater survey of several transmission lines. Entry of
vessels or persons into this zone is prohibited unless authorized by
the Captain of the Port Sector Ohio Valley or a designated
representative.
DATES: This rule is effective from 8 a.m. on October 10, 2018 through 6
p.m. on October 17, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0937 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 Nicholas Jones, Marine Safety Detachment
Nashville, U.S. Coast Guard; telephone 615-736-5421, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector 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 September 25, 2018, Triton Diving Services notified Marine
Safety Detachment Nashville that their underwater transmission line
survey at mile marker 301 of the Tennessee River would be ready to
commence on October 10, 2018. Triton Diving Services estimates that the
work will take one week, and will conclude no later than October 17,
2018.
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 (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 October 10, 2018, and lack sufficient
time to provide a reasonable comment period and then
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consider those comments before issuing the rule. The NPRM process would
delay the establishment of the safety zone until after the underwater
transmission line survey and compromise public safety.
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
respond to potential safety hazards associated with the underwater
transmission line survey.
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 the underwater transmission line
survey will be a safety concern for anyone on a two-mile stretch of the
Tennessee River. This rule is necessary to protect persons, vessels,
and the marine environment during the transmission line operations.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 8 a.m. on
October 10, 2018 through 6 p.m. on October 17, 2018, or until the
underwater transmission line survey work is finished, whichever occurs
earlier. The safety zone covers all navigable waters from mile marker
300 to mile marker 302 on the Tennessee River in Decatur, AL. The
safety zone will be enforced for two periods on each day of the
effective period, in the morning from 8 a.m. through noon, and in the
afternoon from 1 p.m. through 6 p.m. A safety vessel will coordinate
all vessel traffic during the enforcement periods. The duration of the
safety zone is intended to protect persons, vessels, and the marine
environment during the transmission line operations.
No vessel or person is permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of Sector Ohio Valley, U.S. Coast Guard. They may be contacted on VHF
Channel 13 or 16, or at 1-800-253-7465. All persons and vessels
permitted to enter this safety zone must transit at their slowest safe
speed and comply with all directions issued by the COTP or the
designated representative. The COTP or a designated representative will
inform the public of the enforcement times and dates for this safety
zone through Broadcast Notices to Mariners (BNMs), Local Notices to
Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs), as
appropriate.
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, it has not been reviewed by the Office of
Management and Budget, 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, and duration, of the temporary safety zone. This safety zone
prohibits transit on a two-mile stretch of the Tennessee River for
about 9 hours on each day of the 7 day period. Breaks in the work will
allow for vessels to pass through the safety zone between the morning
and afternoon enforcement periods, and a safety vessel will be on-scene
to help waterway users coordinate their transits. Moreover, the Coast
Guard will issue BNMs via VHF-FM marine channel 16 about the zone, and
the rule allows vessels to seek permission to enter the zone.
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
temporary 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
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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
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 prohibits
transit on a one-mile stretch of the Tennessee River for about 12 hours
on weekdays only during a one-month period. 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.
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.
0170.2.
0
2. Add new Sec. 165.T08-0937 to read as follows:
Sec. 165.T08-0937 Safety Zone; Transmission Line Survey, Tennessee
River, Miles 300 to 302, Decatur, AL.
(a) Location. All navigable waters of the Tennessee River from mile
marker 300.0 to mile marker 302.0, Decatur, AL.
(b) Effective period. This section is effective from 8 a.m. on
October 10, 2018 through 6 p.m. on October 17, 2018, or until the
underwater transmission line survey work is finished, whichever occurs
earlier.
(c) Enforcement periods. This section will be enforced each day
during the effective period from 8 a.m. through noon, and from 1 p.m.
through 6 p.m. A safety vessel will coordinate all vessel traffic
during the enforcement periods.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.801 of this part, entry into this area is prohibited unless
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a
designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of Sector Ohio Valley,
U.S. Coast Guard.
(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.
(3) A safety vessel will coordinate all vessel traffic during the
enforcement of this safety zone. All persons and vessels permitted to
enter this safety zone must transit at their slowest safe speed and
comply with all directions issued by the COTP or the designated
representative.
(e) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and dates for this
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs),
as appropriate.
Dated: October 5, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-22160 Filed 10-10-18; 8:45 am]
BILLING CODE 9110-04-P