[Federal Register Volume 90, Number 180 (Friday, September 19, 2025)]
[Proposed Rules]
[Pages 45169-45171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-18153]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0410]
RIN 1625-AA08
Special Local Regulation; Clinch River, Oak Ridge, TN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a special local
regulation for certain waters of the Clinch River. This action is
necessary to provide for the safety of life on these navigable waters
near Oak Ridge, TN, during a regatta from December 12 through December
13, 2025. This proposed rulemaking would prohibit persons and vessels
from being in the regulated area unless authorized by the Captain of
the Port Sector Ohio Valley or a designated representative. We invite
your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before October 20, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0410 using the Federal Docket Management System at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Third Class Zachary T.
Epps and MSD Nashville Waterways Department, U.S. Coast Guard;
telephone +1 (206) 815-7006, email [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 45170]]
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
ORRA Oak Ridge Rowing Association
USCG United States Coast Guard
OMB Office of Management and Budget
II. Background, Purpose, and Legal Basis
The Oak Ridge Rowing Association (ORRA) notified the United States
Coast Guard (USCG) that it will be conducting a rowing regatta from 12
p.m. through 4 p.m. on both December 12, 2025, and December 13, 2025.
The regatta will take place on the Clinch River from mile marker 49.5
to 52. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential hazards associated with the regatta would be a safety
concern for anyone within the special local regulation.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within Clinch River Mile Markers 49.5-52
before, during, and after the scheduled event. The USCG is proposing
this rulemaking under authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish a special local regulation that
would be enforced from 12 p.m. through 4 p.m. on both December 12,
2025, and December 13, 2025. The regulated area would cover all
navigable waters of the Clinch River between mile markers 49.5 to 52.
The duration of the zone is intended to ensure the safety of
participating vessels, the public, and these navigable waters before,
during, and after the scheduled regatta. No vessel or person would be
permitted to enter the regulated area without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analysis based on the number of these statutes and Executive orders.
A. 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
proposed rule would not have a significant economic impact on a
substantial number of small entities. The event will be on the Clinch
River which has little commercial traffic, and during a time of year
when recreational traffic will be minimal. The regulation will also
only be enforced for four hours per day, over two days. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rulemaking would allow
vessels to seek permission to enter the zone.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
B. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
C. 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
D. 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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
E. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, 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 made
a preliminary determination 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 proposed rule involves a special
local regulation lasting four hours per day, over the course of two
days, that would prohibit entry within a 2.5 mile stretch of the Clinch
River. Normally such actions are categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
[[Page 45171]]
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Docket Management System at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2025-0410 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in the docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more information about privacy and
submissions to the docket in response to this document, see DHS's
eRulemaking System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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.T899-0410 to read as follows:
Sec. 100.T899-0410 Clinch River Mile Marker 49.5 to 52, Oak Ridge,
TN.
(a) Regulated area. The regulations in this section apply to the
following area: Clinch River Mile Marker (MM) 49.5 to 52, extending the
entire width of the river.
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port (COTP) Sector Ohio
Valley in the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participant in the race.
(c) 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 their
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by phone 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.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 12 p.m.
through 4 p.m. on both December 12, 2025, and December 13, 2025.
Dated: September 4, 2025.
Randy L. Preston,
Captain, U.S. Coast Guard, Captain of the Port, Ohio Valley.
[FR Doc. 2025-18153 Filed 9-18-25; 8:45 am]
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