[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Rules and Regulations]
[Pages 23486-23488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10663]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0359]
RIN 1625-AA08
Special Local Regulation; Clinch River, Oak Ridge, TN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation on the Clinch River from mile 48.5 to mile 52.0 extending
from bank to bank to protect the participants of the Dogwood Masters
Classic Regatta, vessels, and waterfront facilities from destruction,
loss, or injury from sabotage or other subversive acts, accidents, or
other causes of a similar nature during the regatta in Oak Ridge, TN.
Deviation from the special local regulation is prohibited unless
specifically authorized by the Captain of the Port (COTP) Sector Ohio
Valley or a designated representative.
DATES: This rule is effective from 5:00 a.m. on May 24, 2019 through
5:00 p.m. May 25, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0359 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 First Class Nicholas Jones, Marine Safety
Detachment Nashville U.S. Coast Guard; telephone 615-736-5421, email
[email protected].
[[Page 23487]]
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
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 the application submitted for the
2019 Dogwood Masters Classic Regatta was for a different weekend than
previously approved in the CFR. A special local regulation on the
Clinch River from mile 48.5 to mile 52.0 extending from bank to bank is
necessary to provide appropriate protection for the participants in the
Dogwood Masters Classic Regatta. It is impracticable to publish an NPRM
because we must establish this special local regulation by May 24, 2019
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 contrary to the public interest because immediate
action is necessary to prevent possible loss of life and property.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential safety needs associated with the Dogwood Masters Classic
Regatta from May 24, 2019 through May 25, 2019, present a safety
concern. The purpose of this rulemaking is to ensure the safety of the
regatta participants within the regulated area before, during, and
after the scheduled times.
IV. Discussion of the Rule
This rule establishes a temporary special local regulation on the
Clinch River from mile 48.5 to mile 52.0 extending from bank to bank
from May 24, 2019 through May 25, 2019. The duration of the special
local regulation is intended to ensure the safety of the participants
of the Dogwood Masters Classic Regatta before, during, and after the
scheduled times. Vessels are not permitted to enter or transit this
special local regulation without obtaining permission from the COTP or
a designated representative.
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 regulated area. This rule is
limited to the Clinch River from mile 48.5 to mile 52.0 extending from
bank to bank on May 24, 2019 through May 25, 2019, and will be enforced
only during the times specified. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
regulated area and the rule allows vessels to seek permission to enter
the 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
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 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
[[Page 23488]]
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
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
establishing a temporary special local regulation on the Clinch River
from mile 48.5 to mile 52.0 extending from bank to bank on May 24, 2019
through May 25, 2019. It is categorically excluded from further review
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A Record of Environmental Consideration is not
required; however, a Memorandum for Record 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 record keeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SPECIAL LOCAL REGULATIONS/REGATTAS AND MARINE PARADES
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add temporary Sec. 100.T08-0359 to read as follows:
Sec. 100T08-0359 Special Local Regulation; Clinch River, Oak Ridge,
TN.
(a) Location. The Clinch River, from mile 48.5 to mile 52.0
extending from bank to bank.
(b) Periods of enforcement. This temporary special local regulation
will be enforced from 5:00 a.m. on May 24, 2019 through 5:00 p.m. on
May 25, 2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.35 of this part, entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector Ohio Valley
(COTP) or designated personnel. Moreover, persons or vessels desiring
to enter into or pass through the special local regulated area must
request permission from the COTP Sector Ohio Valley or a designated
representative. They may be contacted on VHF-FM radio channel 16 or
phone at 1-800-253-7465.
(2) Persons and vessels permitted to deviate from the special local
regulated area requirements as well as enter the restricted area must
transit at the slowest safe speed and comply with all lawful directions
issued by the COTP Sector Ohio Valley or a designated representative.
(d) Informational broadcasts. The COTP Sector Ohio Valley or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the special local
regulation, as well as any changes in the dates and times of
enforcement.
Dated: May 15, 2019.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-10663 Filed 5-21-19; 8:45 am]
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