[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Rules and Regulations]
[Pages 48274-48276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19879]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0681]
RIN 1625-AA08


Special Local Regulation; Tennessee River, Florence, AL

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, extending 
the entire width of the river, from mile marker (MM) 254.0 to 258.0. 
This action is necessary to provide for the safety of life on these 
navigable waters near Florence, AL, during a Triathlon on September 22, 
2019. This regulation prohibits persons and vessels from being in the 
regulated area unless authorized by the Captain of the Port Ohio Valley 
or a designated representative.

DATES: This rule is effective from 6 a.m. through 9 a.m. on September 
22, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0681 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 Third Class

[[Page 48275]]

Benjamin Gardner, MSD 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 (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 would be impractical. It would be 
impracticable to publish an NPRM because we must establish the Special 
Local Regulation by September 22, 2019 and lack sufficient time to 
request and respond to comments within a reasonable time.
    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 needed to establish a Special Local Regulation associated 
with the Renaissance Man Triathlon by September 22, 2019.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Ohio Valley 
(COTP) has determined that potential hazards associated with the 
Renaissance Man Triathlon will be a safety concern for participants. 
This rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the Special Local Regulation 
zone during this time period.

IV. Discussion of the Rule

    This rule establishes a Special Local Regulation from 6 a.m. 
through 9 a.m. on September 22, 2019. The Special Local Regulation will 
cover all navigable waters from MM. 254.0-258.0 being used by 
participants in the Renaissance Man Triathlon. The duration of the 
regulated area is intended to protect personnel, vessels, and the 
marine environment in these navigable waters while the swim event is 
taking place. No vessel or person will be permitted to enter the 
special local regulationwithout 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, and duration of the marine event. The Special Local 
Regulation will only impact four miles of the Tennessee River for three 
hours on one day.

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 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

[[Page 48276]]

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 Environmental Planning COMDTINST 5090.1 (series), 
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 special local regulation lasting only 
3 hours that will prohibit entry on the Tennessee River from mile 
marker 254.0-258.0.
    It is categorically excluded from further review under paragraph 
L61in Table 3-1 of U.S. Coast Guard Environmental Planning Implementing 
Procedures 5090.1. A Memorandum for the 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.T08-0681 to read as follows:


Sec.  100T08-0681  Special Local Regulation; Tennessee River, Florence 
Alabama.

100T08-0681 Special Local Regulation; Tennessee River, Florence 
Alabama.

    (a) Location. The Tennessee River from 254.0 to 258.0 extending 
from bank to bank within the river.
    (b) Periods of enforcement. This Special Local Regulation will be 
enforced from 6:00 a.m. to 9:00 a.m. on September 22, 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: September 4, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-19879 Filed 9-12-19; 8:45 am]
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