[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Rules and Regulations]
[Pages 59312-59314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25536]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1030]
RIN 1625-AA00


Safety Zones; Pipeline Construction, Tennessee River Miles 465 to 
466, Chattanooga, TN

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) 465 
to MM 466. This safety zone is necessary to protect persons, property, 
and the marine environment from potential hazards associated with the 
construction of an underground pipeline. 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 without actual notice from November 23, 
2018 through 7:30 p.m. on January 25, 2019. For the purposes of 
enforcement, actual notice will be used from November 19, 2018, through 
November 23, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-1030 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

    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)(3)(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 November 19, 2018, and lack sufficient 
time to provide a reasonable comment period and then consider those 
comments before issuing the rule. On November 1, 2018, Reynolds 
Construction, LLC notified Marine Safety Detachment Nashville that 
their underwater pipeline construction operations at mile marker 465.2 
of the Tennessee River would be ready to commence on November 19,

[[Page 59313]]

2018. Reynolds Construction estimates that the work will take 10 weeks, 
excluding November 22-25, December 8-9, December 22-25, and December 
29-January 1.
    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 the public interest because immediate action is needed to 
respond to potential safety hazards associated with the underwater 
pipeline construction.

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 blasting and 
pipeline construction will be a safety concern for anyone on a one-mile 
stretch of the Tennessee River. This rule is necessary to protect 
persons, vessels, and the marine environment during the construction 
operations.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from mile marker (MM) 
465 to MM 466 on the Tennessee River in Chattanooga, TN from 6:30 a.m. 
on November 19, 2018, through 7:30 p.m. on January 25, 2019. The safety 
zone will be enforced from 6:30 a.m. through 7:30 p.m. each day, 
excluding November 22-25, December 8-9, December 22-25, and December 
29-January 1. A safety vessel will coordinate all vessel traffic during 
the enforcement periods. The COTP may terminate enforcement of this 
rule if the work is finished earlier. The duration of the safety zone 
is intended to protect persons, vessels, and the marine environment 
during the construction 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, duration, and time-of-day of the safety zone. This safety 
zone prohibits transit on a one-mile stretch of the Tennessee River for 
about 13 hours, on workdays only, during a ten-week period. The rule 
also 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 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 59314]]

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 13 hours 
on workdays only during a ten-week 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 Sec.  165.35T08-1030 to read as follows:


Sec.  165.35T08-1030  Safety Zone; Pipeline Construction, Tennessee 
River, Miles 465 to 466, Chattanooga, TN.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Tennessee River from mile marker (MM) 465.0 to MM 466.0, 
Chattanooga, TN.
    (b) Effective period. This section is effective without actual 
notice from November 23, 2018 through 7:30 p.m. on January 25, 2019. 
For the purposes of enforcement, actual notice will be used from 
November 19, 2018 through November 23, 2018.
    (c) Enforcement periods. This section will be enforced each day 
during the effective period from 6:30 a.m. through 7:30 p.m., excluding 
November 22-25, December 8-9, December 22-25, and December 29-January 
1. The Captain of the Port Sector Ohio Valley (COTP) may terminate 
enforcement of this section if the work is finished earlier.
    (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 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 designated 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: November 19, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-25536 Filed 11-21-18; 8:45 am]
BILLING CODE 9110-04-P