[Federal Register Volume 85, Number 163 (Friday, August 21, 2020)]
[Rules and Regulations]
[Pages 51646-51648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18316]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0518]
RIN 1625-AA08


Special Local Regulation; Cumberland River, Hendersonville, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is issuing a marine event permit for the 
Waddle & Reed Inc. Boat in Movie, and establishing a temporary special 
local regulation for navigable waters on the Cumberland River from mile 
marker (MM) 236.0 to MM 237.5. The special local regulation is needed 
to protect personnel, vessels, and the marine environment from 
potential hazards created by the Boat in Movie night on August 22, 
2020. Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port Sector Ohio Valley.

DATES: This rule is effective without actual notice from 7:30 p.m. 
until 9:30 p.m. on August 22, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0518 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].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
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 of the hazards associated with the 
Boat in Movie night, and the need to address public safety via the 
implementation of a special local regulation. It is impracticable to 
publish an NPRM because we must establish this special local regulation 
by August 22, 2020.
    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.

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 Sector Ohio 
Valley

[[Page 51647]]

(COTP) has determined that potential hazards associated with the Boat 
in Movie night marine event will be a safety concern, and is 
establishing a special local regulation from mile marker (MM) 236.0 to 
237.5 on the Cumberland River. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
for the duration of the event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 7:30 p.m. 
until 9:30 p.m. on August 22, 2020. The special local regulation will 
cover all navigable waters between miles 236.0 to 237.5 on the 
Cumberland River. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters for the duration of the event. No vessel or person will be 
permitted to enter the regulated zone 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 special local regulation. 
This special local regulation restricts transit on a one and a half-
mile segment of the Cumberland River for two hours on one day. 
Moreover, the Coast Guard would issue Broadcast Notices to Mariners 
(BNMs), Local Notices to Mariners (LNMs), and Marine Safety Information 
Bulletins (MSIBs) about this special local regulation so that waterway 
users may plan accordingly for this short restriction on transit, and 
the rule would allow vessels to request 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 
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 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 two 
hours that will prohibit entry from mile 236.0 to 237.5 on the 
Cumberland River. It is categorically excluded from further review 
under paragraph L61 in Table 3-1 of U.S. Coast Guard Environmental 
Planning Implementing Procedures 5090.1. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

[[Page 51648]]

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 recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--REGATTAS AND MARINE PARDES

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T08-0518 to read as follows:


Sec.  100.T08-0518  Special Local Regulation; Cumberland River, 
Hendersonville, TN

    (a) Location. The Cumberland River, miles 236.0 to 237.5.
    (b) Periods of enforcement. This temporary special local regulation 
will be enforced from 7:30 p.m. until 9:30 p.m. on August 22, 2020.
    (c) 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 Captain of the Port Sector Ohio Valley 
(COTP) or designated personnel. Moreover, persons or vessels desiring 
to enter into or pass through the zone 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 
regulation 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: August 14, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2020-18316 Filed 8-20-20; 8:45 am]
BILLING CODE 9110-04-P