[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Rules and Regulations]
[Pages 24492-24494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09725]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0215]
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 establishes a temporary special local 
regulation for all navigable waters on the Clinch River from mile 
marker (MM) 48.5 to MM 52.0 during the U.S. Rowing Southeast Youth 
Championship. This special local regulation prohibits non-participant 
persons and vessels from entering, transiting through, anchoring in, or 
remaining within the race area and prohibits vessels from transiting at 
speeds that cause wake within the spectator area unless authorized by 
Captain of the Port Sector Ohio Valley or a designated representative.

DATES: This rule is effective from 6 a.m. until 6 p.m. from May 8, 
2021, to May 9, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0215 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 it is impracticable. We must 
establish this temporary safety zone by May 8, 2021 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

[[Page 24493]]

interest of ensuring the safety of spectators and vessels during the 
event and 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. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Ohio 
Valley (COTP) has determined that potential hazards associated with the 
US Rowing Southeast Youth Championship marine event will be a safety 
concern, and is establishing a special local regulation from Mile 
Marker (MM) 48.5 to 52.0 on the Clinch River. This rule is needed to 
protect personnel and vessels on the navigable waters during the marine 
event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 6 a.m. until 
6 p.m. from May 8, 2021, to May 9, 2021. The special local regulation 
will cover all navigable waters between MM 48.5 to MM 52.0 on the 
Clinch River. The duration of the zone is intended to ensure spectators 
and vessels' safety on these navigable waters for the duration of the 
event. All non-participants are prohibited from entering, transiting 
through, anchoring in, or remaining within the regulated area described 
in paragraph (a) of this section unless authorized by the Captain of 
the Port Sector Ohio Valley or their designated representative. To seek 
permission to enter, contact the COTP or the COTP's representative by 
Sector Ohio Valley Command Center at 502-779-5422. Those in the 
regulated area must comply with all lawful orders or directions given 
to them by the COTP or the 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. 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).
    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 two and a half 
mile segment of the Clinch River for twelve hours on two days. 
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

[[Page 24494]]

significant effect on the human environment. This rule involves a 
special local regulation lasting twelve hours that will prohibit entry 
from MM 48.5 to 52.0 on the Clinch 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 
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 recordkeeping 
requirements, Security measures, Waterways.

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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 Sec.  100.T08-0215 to read as follows:


Sec.  100.T08-0215   Oak Ridge, TN. Clinch River mile 48.5 to 52.0.

    (a) Location. The regulations in this section apply to the 
following area: All navigable waters of the Clinch River from mile 48.5 
to mile 52.0, extending the entire width of the river.
    (b) Regulations. (1) All non-participants are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area described in paragraph (a) of this section unless 
authorized by the Captain of the Port Sector Ohio Valley or a 
designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by Sector Ohio Valley Command Center at 502-779-5422. 
Those in the regulated area must comply with all lawful orders or 
directions given to them by the COTP or the designated representative.
    (c) Enforcement period. This section will be enforced from 6 a.m. 
to 6 p.m. from May 8, 2021 to May 9, 2021.
    (d) Information broadcast. The COTP will 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.

    Dated: May 4, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-09725 Filed 5-6-21; 8:45 am]
BILLING CODE 9110-04-P