80_FR_50068 80 FR 49909 - Special Local Regulation, Tennessee River 647.0 to 648.0; Knoxville, TN

80 FR 49909 - Special Local Regulation, Tennessee River 647.0 to 648.0; Knoxville, TN

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 159 (August 18, 2015)

Page Range49909-49911
FR Document2015-20406

The Coast Guard is establishing a special local regulation for all waters of the Tennessee River, beginning at mile marker 647.0 and ending at mile marker 648.0 on September 4-5, 2015. This special regulation is necessary to provide safety for the racers that will be participating in the ``Racing on the Tennessee.'' Entry into this area will be prohibited unless specifically authorized by the Captain of the Port Ohio Valley or designated representative.

Federal Register, Volume 80 Issue 159 (Tuesday, August 18, 2015)
[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Rules and Regulations]
[Pages 49909-49911]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20406]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0337]
RIN 1625-AA08


Special Local Regulation, Tennessee River 647.0 to 648.0; 
Knoxville, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for 
all waters of the Tennessee River, beginning at mile marker 647.0 and 
ending at mile marker 648.0 on September 4-5, 2015. This special 
regulation is necessary to provide safety for the racers that will be 
participating in the ``Racing on the Tennessee.'' Entry into this area 
will be prohibited unless specifically authorized by the Captain of the 
Port Ohio Valley or designated representative.

DATES: This rule is effective and will be enforced on September 4, 2015 
through September 5, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0337. To view documents mentioned in the preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Vera Max, MSD Nashville, Nashville, TN, at 
615-736-5421 or at [email protected]. If you have questions on 
viewing or submitting material to the docket, call Cheryl Collins, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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 specifics associated with the ``Racing on 
the Tennessee'' event were not received in time to publish an NPRM and 
seek comments before the event. Publishing an NPRM and delaying the 
effective date of this rule to await public comments would be 
impracticable and contrary to the public interest since it would 
inhibit the Coast Guard's ability to provide for the safety of the 
racers participating in the event and the safety of spectators and 
waterway users.
    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. For the same reasons discussed in 
the preceding paragraph, delaying the effective date of this rule would 
be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis and authority for this rule establishing a special 
local regulation are found in 33 U.S.C. 1233, which authorizes the 
Coast Guard to establish and define special local regulations for 
regattas under 33 CFR 100.
    The ``Racing on the Tennessee'' is an annual event being held on 
September 4 and 5, 2015. The Captain of the Port (COTP) Ohio Valley has 
determined that additional safety measures are necessary to protect 
race participants, spectators, and waterway users during this event. 
Therefore, the Coast Guard is establishing a special local regulation 
for all waters of the Tennessee River beginning at mile marker 647.0 
and ending at mile marker 648.0. This regulation will provide safety 
for the racers that will be participating in the ``Racing on the 
Tennessee'' and spectators and waterway users.

C. Discussion of Temporary Final Rule

    The COTP Ohio Valley is establishing a special local regulated area 
for all waters of the Tennessee River beginning at mile marker 647.0 
and ending at mile marker 648.0. Vessels or persons will not be 
permitted to enter into, depart from, or move within this area without 
permission from the COTP Ohio Valley or designated representative. 
Persons or vessels requiring entry into or passage through the special 
local regulated area will be required to request permission from the 
COTP Ohio Valley, or designated representative. Requests for permission 
are submitted via VHF-FM Channel 13 or 16, or through Coast Guard 
Sector Ohio Valley at 1-800-253-7465. This rule will be enforced from 
10:00 a.m. until 7:00 p.m. on September 4 and 5, 2015. The COTP Ohio 
Valley will inform the public through broadcast notices to mariners of 
the enforcement period for the special local regulated area as well as 
of any changes in the planned schedule.

E. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory

[[Page 49910]]

Planning and Review, as supplemented by Executive Order 13563, 
Improving Regulation and Regulatory Review, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
Executive Order 12866 or under section 1 of Executive Order 13563. The 
Office of Management and Budget has not reviewed it under those Orders.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this rule on small entities. 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. 
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. This rule will affect 
the following entities, some of which may be small entities: The owners 
or operators of vessels intending to transit mile marker 647.0 to mile 
marker 648.0 on the Tennessee River, from 10:00 a.m. to 7:00 p.m. on 
September 4 and 5, 2015. This special local regulated area will not 
have a significant economic impact on a substantial number of small 
entities as it will be enforce for a limited period of time over two 
days. Additionally, although the special local regulated area will 
apply to the entire width of the river, traffic will be allowed to pass 
through the area with the permission of the COTP Ohio Valley or 
designated representative.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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.

3. Assistance for Small Entities

    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, 
above. 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.

4. 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.).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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 expenditures, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and will not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it will 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.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 rule involves the COTP Ohio 
Valley establishing a special local regulation for all waters of the 
Tennessee River beginning at mile marker 647.0 and ending at mile 
marker 648.0 to provide safety for the racers that will be 
participating in the ``Racing on the Tennessee.'' This rule is 
categorically excluded from further review under paragraph 34(h) of 
Figure 2-1 of the Commandant Instruction. A preliminary environmental 
analysis checklist

[[Page 49911]]

supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, and Waterways.

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERWAYS

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

    Authority:  33 U.S.C. 1233

0
2. Temporary Sec.  100.801T08-0337 is added to read as follows:


Sec.  100.35T08-0337  Special Local Regulation; Tennessee River Mile 
647.0 to 648.0, Knoxville, TN.

    (a) Regulated area. The following location is a regulated area: All 
waters of the Tennessee River beginning at mile marker 647.0 and ending 
at mile marker 648.0.
    (b) Enforcement period. This section will be enforced from 10 a.m. 
to 7 p.m. on September 4 and 5, 2015.
    (c) Special local regulations. (1) The general regulations 
contained in 33 CFR 100.35 as well as the regulations in this section 
apply to the Regulated Area.
    (2) Entry into the Regulated Area is prohibited unless authorized 
by the Captain of the Port Ohio Valley or a designated representative.
    (3) The Captain of the Port Ohio Valley or a designated 
representative will inform the public through broadcast notice to 
mariners of the enforcement period for the special local regulation.
    (4) Persons or vessels requiring entry into or passage through the 
Regulated Area must request permission from the Captain of the Port 
Ohio Valley or a designated representative. U.S. Coast Guard Sector 
Ohio Valley may be contacted on VHF Channel 13 or 16, or at 1-800-253-
7465.
    (5) All persons and vessels shall comply with the instructions of 
the Captain of the Port Ohio Valley and designated U.S. Coast Guard 
patrol personnel. On-scene U.S. Coast Guard patrol personnel include 
commissioned, warrant, and petty officers of the U.S. Coast Guard.

    Dated: July 13, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-20406 Filed 8-17-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Rules and Regulations                                        49909

                                             the published developmental schedule,                   ADDRESSES:   Documents mentioned in                   discussed in the preceding paragraph,
                                             or any revisions thereto, for each plan.                this preamble are part of docket USCG–                delaying the effective date of this rule
                                             A developmental step also includes                      2015–0337. To view documents                          would be impracticable and contrary to
                                             those items in the plan as approved                     mentioned in the preamble as being                    the public interest.
                                             under section 18(c) of the Act, as well                 available in the docket, go to http://
                                                                                                                                                           B. Basis and Purpose
                                             as those items in the approval decision                 www.regulations.gov, type the docket
                                             which are subject to evaluations (see                   number in the ‘‘SEARCH’’ box and click                   The legal basis and authority for this
                                             e.g., approval of Michigan plan), which                 ‘‘SEARCH.’’ Click on Open Docket                      rule establishing a special local
                                             were deemed necessary to make the                       Folder on the line associated with this               regulation are found in 33 U.S.C. 1233,
                                             State program at least as effective as the              rulemaking. You may also visit the                    which authorizes the Coast Guard to
                                             Federal program within the 3 year                       Docket Management Facility in Room                    establish and define special local
                                             developmental period. (See part 1953 of                 W12–140 on the ground floor of the                    regulations for regattas under 33 CFR
                                             this chapter.)                                          Department of Transportation West                     100.
                                                                                                     Building, 1200 New Jersey Avenue SE.,                    The ‘‘Racing on the Tennessee’’ is an
                                             *      *    *     *    *
                                                                                                     Washington, DC 20590, between 9 a.m.                  annual event being held on September
                                             PART 1956—STATE PLANS FOR THE                           and 5 p.m., Monday through Friday,                    4 and 5, 2015. The Captain of the Port
                                             DEVELOPMENT AND ENFORCEMENT                             except Federal holidays.                              (COTP) Ohio Valley has determined that
                                             OF STATE STANDARDS APPLICABLE                           FOR FURTHER INFORMATION CONTACT: If                   additional safety measures are necessary
                                             TO STATE AND LOCAL GOVERNMENT                           you have questions on this rule, call or              to protect race participants, spectators,
                                             EMPLOYEES IN STATES WITHOUT                             email Petty Officer Vera Max, MSD                     and waterway users during this event.
                                             APPROVED PRIVATE EMPLOYEE                               Nashville, Nashville, TN, at 615–736–                 Therefore, the Coast Guard is
                                             PLANS                                                   5421 or at vera.m.max@uscg.mil. If you                establishing a special local regulation
                                                                                                     have questions on viewing or submitting               for all waters of the Tennessee River
                                             ■ 27. The authority citation for part                   material to the docket, call Cheryl                   beginning at mile marker 647.0 and
                                             1956 is revised to read as follows:                     Collins, Program Manager, Docket                      ending at mile marker 648.0. This
                                               Authority: Section 18 (29 U.S.C. 667), 29             Operations, telephone (202) 366–9826.                 regulation will provide safety for the
                                             CFR parts 1902 and 1955, and Secretary of               SUPPLEMENTARY INFORMATION:                            racers that will be participating in the
                                             Labor’s Order No. 1–2012 (77 FR 3912, Jan.                                                                    ‘‘Racing on the Tennessee’’ and
                                             25, 2012).                                              Table of Acronyms                                     spectators and waterway users.
                                                                                                     COTP Captain of the Port                              C. Discussion of Temporary Final Rule
                                             Subparts E Through I [Removed]                          DHS Department of Homeland Security
                                                                                                     FR Federal Register                                      The COTP Ohio Valley is establishing
                                             ■   28. Remove subparts E through I.                    NPRM Notice of Proposed Rulemaking                    a special local regulated area for all
                                             [FR Doc. 2015–19225 Filed 8–17–15; 8:45 am]                                                                   waters of the Tennessee River beginning
                                                                                                     A. Regulatory History and Information
                                             BILLING CODE 4510–26–P                                                                                        at mile marker 647.0 and ending at mile
                                                                                                        The Coast Guard is issuing this                    marker 648.0. Vessels or persons will
                                                                                                     temporary final rule without prior                    not be permitted to enter into, depart
                                             DEPARTMENT OF HOMELAND                                  notice and opportunity to comment                     from, or move within this area without
                                             SECURITY                                                pursuant to authority under section 4(a)              permission from the COTP Ohio Valley
                                                                                                     of the Administrative Procedure Act                   or designated representative. Persons or
                                             Coast Guard                                             (APA) (5 U.S.C. 553(b)). This provision               vessels requiring entry into or passage
                                                                                                     authorizes an agency to issue a rule                  through the special local regulated area
                                             33 CFR Part 100                                         without prior notice and opportunity to               will be required to request permission
                                                                                                     comment when the agency for good                      from the COTP Ohio Valley, or
                                             [Docket Number USCG–2015–0337]                          cause finds that those procedures are                 designated representative. Requests for
                                             RIN 1625–AA08                                           ‘‘impracticable, unnecessary, or contrary             permission are submitted via VHF–FM
                                                                                                     to the public interest.’’                             Channel 13 or 16, or through Coast
                                             Special Local Regulation, Tennessee                        Under 5 U.S.C. 553(b)(B), the Coast                Guard Sector Ohio Valley at 1–800–
                                             River 647.0 to 648.0; Knoxville, TN                     Guard finds that good cause exists for                253–7465. This rule will be enforced
                                                                                                     not publishing a notice of proposed                   from 10:00 a.m. until 7:00 p.m. on
                                             AGENCY:    Coast Guard, DHS.                            rulemaking (NPRM) with respect to this                September 4 and 5, 2015. The COTP
                                             ACTION:   Temporary final rule.                         rule because specifics associated with                Ohio Valley will inform the public
                                                                                                     the ‘‘Racing on the Tennessee’’ event                 through broadcast notices to mariners of
                                             SUMMARY:   The Coast Guard is
                                                                                                     were not received in time to publish an               the enforcement period for the special
                                             establishing a special local regulation
                                                                                                     NPRM and seek comments before the                     local regulated area as well as of any
                                             for all waters of the Tennessee River,
                                                                                                     event. Publishing an NPRM and                         changes in the planned schedule.
                                             beginning at mile marker 647.0 and
                                                                                                     delaying the effective date of this rule to
                                             ending at mile marker 648.0 on                                                                                E. Regulatory Analyses
                                                                                                     await public comments would be
                                             September 4–5, 2015. This special
                                                                                                     impracticable and contrary to the public                We developed this rule after
                                             regulation is necessary to provide safety
                                                                                                     interest since it would inhibit the Coast             considering numerous statutes and
                                             for the racers that will be participating
                                                                                                     Guard’s ability to provide for the safety             executive orders related to rulemaking.
                                             in the ‘‘Racing on the Tennessee.’’ Entry
                                                                                                     of the racers participating in the event              Below we summarize our analyses
                                             into this area will be prohibited unless
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                                                                                                     and the safety of spectators and                      based on a number of these statutes or
                                             specifically authorized by the Captain of
                                                                                                     waterway users.                                       executive orders.
                                             the Port Ohio Valley or designated                         Under 5 U.S.C. 553(d)(3), the Coast
                                             representative.                                         Guard finds that good cause exists for                1. Regulatory Planning and Review
                                             DATES: This rule is effective and will be               making this rule effective less than 30                  This rule is not a significant
                                             enforced on September 4, 2015 through                   days after publication in the Federal                 regulatory action under section 3(f) of
                                             September 5, 2015.                                      Register. For the same reasons                        Executive Order 12866, Regulatory


                                        VerDate Sep<11>2014   15:22 Aug 17, 2015   Jkt 235001   PO 00000   Frm 00023   Fmt 4700   Sfmt 4700   E:\FR\FM\18AUR1.SGM   18AUR1


                                             49910             Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Rules and Regulations

                                             Planning and Review, as supplemented                    listed in the FOR FURTHER INFORMATION                 Children from Environmental Health
                                             by Executive Order 13563, Improving                     CONTACT, above. The Coast Guard will                  Risks and Safety Risks. This rule is not
                                             Regulation and Regulatory Review, and                   not retaliate against small entities that             an economically significant rule and
                                             does not require an assessment of                       question or complain about this rule or               will not create an environmental risk to
                                             potential costs and benefits under                      any policy or action of the Coast Guard.              health or risk to safety that might
                                             section 6(a)(3) of Executive Order 12866                                                                      disproportionately affect children.
                                                                                                     4. Collection of Information
                                             or under section 1 of Executive Order
                                                                                                        This rule will not call for a new                  11. Indian Tribal Governments
                                             13563. The Office of Management and
                                             Budget has not reviewed it under those                  collection of information under the                      This rule does not have tribal
                                             Orders.                                                 Paperwork Reduction Act of 1995 (44                   implications under Executive Order
                                                                                                     U.S.C. 3501–3520.).                                   13175, Consultation and Coordination
                                             2. Impact on Small Entities                                                                                   with Indian Tribal Governments,
                                                                                                     5. Federalism
                                                Under the Regulatory Flexibility Act                                                                       because it will not have a substantial
                                             (5 U.S.C. 601–612), we have considered                     A rule has implications for federalism             direct effect on one or more Indian
                                             the impact of this rule on small entities.              under Executive Order 13132,                          tribes, on the relationship between the
                                             The Coast Guard certifies under 5 U.S.C.                Federalism, if it has a substantial direct            Federal Government and Indian tribes,
                                             605(b) that this rule will not have a                   effect on the States, on the relationship             or on the distribution of power and
                                             significant economic impact on a                        between the national government and                   responsibilities between the Federal
                                             substantial number of small entities.                   the States, or on the distribution of                 Government and Indian tribes.
                                             The term ‘‘small entities’’ comprises                   power and responsibilities among the
                                             small businesses, not-for-profit                        various levels of government. We have                 12. Energy Effects
                                             organizations that are independently                    analyzed this rule under that Order and                  This rule is not a ‘‘significant energy
                                             owned and operated and are not                          determined that this rule does not have               action’’ under Executive Order 13211,
                                             dominant in their fields, and                           implications for federalism.                          Actions Concerning Regulations That
                                             governmental jurisdictions with                         6. Protest Activities                                 Significantly Affect Energy Supply,
                                             populations of less than 50,000. The                                                                          Distribution, or Use because it is not a
                                             Coast Guard certifies under 5 U.S.C.                       The Coast Guard respects the First                 ‘‘significant regulatory action’’ under
                                             605(b) that this rule will not have a                   Amendment rights of protesters.                       Executive Order 12866 and is not likely
                                             significant economic impact on a                        Protesters are asked to contact the                   to have a significant adverse effect on
                                             substantial number of small entities.                   person listed in the FOR FURTHER                      the supply, distribution, or use of
                                             This rule will affect the following                     INFORMATION CONTACT section to
                                                                                                                                                           energy. The Administrator of the Office
                                             entities, some of which may be small                    coordinate protest activities so that your            of Information and Regulatory Affairs
                                             entities: The owners or operators of                    message can be received without                       has not designated it as a significant
                                             vessels intending to transit mile marker                jeopardizing the safety or security of                energy action. Therefore, it does not
                                             647.0 to mile marker 648.0 on the                       people, places or vessels.                            require a Statement of Energy Effects
                                             Tennessee River, from 10:00 a.m. to 7:00                7. Unfunded Mandates Reform Act                       under Executive Order 13211.
                                             p.m. on September 4 and 5, 2015. This
                                                                                                        The Unfunded Mandates Reform Act                   13. Technical Standards
                                             special local regulated area will not
                                                                                                     of 1995 (2 U.S.C. 1531–1538) requires
                                             have a significant economic impact on                                                                           This rule does not use technical
                                                                                                     Federal agencies to assess the effects of
                                             a substantial number of small entities as                                                                     standards. Therefore, we did not
                                                                                                     their discretionary regulatory actions. In
                                             it will be enforce for a limited period of                                                                    consider the use of voluntary consensus
                                                                                                     particular, the Act addresses actions
                                             time over two days. Additionally,                                                                             standards.
                                                                                                     that may result in the expenditure by a
                                             although the special local regulated area               State, local, or tribal government, in the            14. Environment
                                             will apply to the entire width of the                   aggregate, or by the private sector of
                                             river, traffic will be allowed to pass                                                                          We have analyzed this rule under
                                                                                                     $100,000,000 (adjusted for inflation) or              Department of Homeland Security
                                             through the area with the permission of                 more in any one year. Though this rule
                                             the COTP Ohio Valley or designated                                                                            Management Directive 023–01 and
                                                                                                     will not result in such expenditures, we              Commandant Instruction M16475.lD,
                                             representative.                                         do discuss the effects of this rule
                                                If you think that your business,                                                                           which guide the Coast Guard in
                                                                                                     elsewhere in this preamble.                           complying with the National
                                             organization, or governmental
                                             jurisdiction qualifies as a small entity                8. Taking of Private Property                         Environmental Policy Act of 1969
                                             and that this rule would have a                            This rule will not cause a taking of               (NEPA) (42 U.S.C. 4321–4370f), and
                                             significant economic impact on it,                      private property or otherwise have                    have made a preliminary determination
                                             please submit a comment (see                            taking implications under Executive                   that this action is one of a category of
                                             ADDRESSES) explaining why you think it                  Order 12630, Governmental Actions and                 actions that do not individually or
                                             qualifies and how and to what degree                    Interference with Constitutionally                    cumulatively have a significant effect on
                                             this rule would economically affect it.                 Protected Property Rights.                            the human environment. This rule
                                                                                                                                                           involves the COTP Ohio Valley
                                             3. Assistance for Small Entities                        9. Civil Justice Reform                               establishing a special local regulation
                                                Under section 213(a) of the Small                       This rule meets applicable standards               for all waters of the Tennessee River
                                             Business Regulatory Enforcement                         in sections 3(a) and 3(b)(2) of Executive             beginning at mile marker 647.0 and
                                             Fairness Act of 1996 (Pub. L. 104–121),                 Order 12988, Civil Justice Reform, to                 ending at mile marker 648.0 to provide
                                             we want to assist small entities in                                                                           safety for the racers that will be
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                                                                                                     minimize litigation, eliminate
                                             understanding this rule. If the rule                    ambiguity, and reduce burden.                         participating in the ‘‘Racing on the
                                             would affect your small business,                                                                             Tennessee.’’ This rule is categorically
                                             organization, or governmental                           10. Protection of Children From                       excluded from further review under
                                             jurisdiction and you have questions                     Environmental Health Risks                            paragraph 34(h) of Figure 2–1 of the
                                             concerning its provisions or options for                  We have analyzed this rule under                    Commandant Instruction. A preliminary
                                             compliance, please contact the person                   Executive Order 13045, Protection of                  environmental analysis checklist


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                                                               Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Rules and Regulations                                        49911

                                             supporting this determination and a                       Dated: July 13, 2015.                               Guard District Waterways Management
                                             Categorical Exclusion Determination are                 R.V. Timme,                                           Division, (504) 671–2139 or email,
                                             available in the docket where indicated                 Captain, U.S. Coast Guard, Captain of the             Shelley.R.Miller@uscg.mil. If you have
                                             under ADDRESSES. We seek any                            Port Ohio Valley.                                     questions on viewing the docket, call
                                             comments or information that may lead                   [FR Doc. 2015–20406 Filed 8–17–15; 8:45 am]           Cheryl Collins, Program Manager,
                                             to the discovery of a significant                       BILLING CODE 9110–04–P                                Docket Operations, telephone 202–366–
                                             environmental impact from this rule.                                                                          9826.
                                             List of Subjects in 33 CFR Part 100                                                                           SUPPLEMENTARY INFORMATION:
                                                                                                     DEPARTMENT OF HOMELAND
                                                                                                     SECURITY                                              Table of Acronyms
                                               Marine safety, Navigation (water),
                                             Reporting and recordkeeping                                                                                   BNM Broadcast Notice to Mariners
                                             requirements, and Waterways.                            Coast Guard                                           COTP Captain of the Port
                                                                                                                                                           DHS Department of Homeland Security
                                               For the reasons discussed in the                      33 CFR Part 165                                       FR Federal Register
                                             preamble, the Coast Guard amends 33                                                                           LNM Local Notice to Mariners
                                             CFR part 100 as follows:                                [Docket No. USCG–2013–1060; 1625–AA00]                NPRM Notice of Proposed Rulemaking

                                             PART 100—SAFETY OF LIFE ON                              Safety Zones; Eighth Coast Guard                      A. Regulatory History and Information
                                             NAVIGABLE WATERWAYS                                     District Annual and Recurring Safety                    The Coast Guard preceded this final
                                                                                                     Zones Update                                          rule with an interim final rule with
                                             ■ 1. The authority citation for part 100                AGENCY:    Coast Guard, DHS.                          request for comments. The interim rule
                                             continues to read as follows:                           ACTION:   Final rule.                                 was published in the Federal Register
                                                 Authority: 33 U.S.C. 1233                                                                                 on April 22, 2014, [79 FR 22398]. The
                                                                                                     SUMMARY:    The Coast Guard is amending               interim rule established separate tables
                                             ■ 2. Temporary § 100.801T08–0337 is                     and updating its current list of recurring            for each of the Sectors operating within
                                             added to read as follows:                               safety zone regulations that take place in            the Coast Guard’s Eighth District and
                                             § 100.35T08–0337 Special Local                          the Eighth Coast Guard District area of               updated the list of recurring safety
                                             Regulation; Tennessee River Mile 647.0 to               responsibility (AOR). This final rule                 zones under 33 CFR 165. Although no
                                             648.0, Knoxville, TN.                                   informs the public of regularly                       adverse comments were received, some
                                                                                                     scheduled events that require additional              comments to further update the
                                                (a) Regulated area. The following
                                                                                                     safety measures through establishing a                recurring list were received. Because the
                                             location is a regulated area: All waters
                                                                                                     safety zone. Through this final rule, the             interim rule and now this final rule
                                             of the Tennessee River beginning at mile
                                                                                                     list of recurring safety zones is updated             establish separate tables for each Sector
                                             marker 647.0 and ending at mile marker
                                                                                                     with revisions, additional events, and                within the Eighth District, further
                                             648.0.
                                                                                                     removal of events that no longer take                 updates will now be made by each
                                                (b) Enforcement period. This section                 place in the Eighth Coast Guard District              Sector individually, impacting only
                                             will be enforced from 10 a.m. to 7 p.m.                 AOR. When these safety zones are                      their table of recurring safety zones.
                                             on September 4 and 5, 2015.                             enforced, vessel traffic is restricted from             The list of annual and recurring safety
                                                (c) Special local regulations. (1) The               specified areas. Additionally, this one               zones occurring in the Eighth Coast
                                             general regulations contained in 33 CFR                 rulemaking project reduces                            Guard District AOR is published under
                                             100.35 as well as the regulations in this               administrative costs involved in                      33 CFR 165.801. That list was originally
                                             section apply to the Regulated Area.                    producing a separate rule for each                    created May 16, 2012 through a
                                                (2) Entry into the Regulated Area is                 individual recurring safety zone and                  previous rulemaking, [77 FR 2876] and
                                             prohibited unless authorized by the                     serves to provide notice of the known                 received no adverse comments.
                                             Captain of the Port Ohio Valley or a                    recurring safety zones throughout the                 B. Basis and Purpose
                                             designated representative.                              year.
                                                                                                                                                              The legal basis for the rule is 33
                                                (3) The Captain of the Port Ohio                     DATES:   This rule is effective August 18,            U.S.C. 1231; 50 U.S.C. 191; 33 CFR
                                             Valley or a designated representative                   2015.                                                 1.05–1, 6.04–1, 6.04–6, and 160.5; and
                                             will inform the public through                          ADDRESSES:   Documents mentioned in                   Department of Homeland Security
                                             broadcast notice to mariners of the                     this preamble are part of Docket Number               Delegation No. 0170.1, which
                                             enforcement period for the special local                [USCG–2013–1060]. To view documents                   collectively authorize the Coast Guard
                                             regulation.                                             mentioned in this preamble as being                   to define regulatory safety zones. The
                                                (4) Persons or vessels requiring entry               available in the docket, go to http://                Coast Guard is amending and updating
                                             into or passage through the Regulated                   www.regulations.gov, type the docket                  the safety zone regulations under 33
                                             Area must request permission from the                   number in the ‘‘SEARCH’’ box and click                CFR part 165 to include the most up to
                                             Captain of the Port Ohio Valley or a                    ‘‘SEARCH.’’ Click on ‘‘Open Docket                    date list of recurring safety zones for
                                             designated representative. U.S. Coast                   Folder’’ on the line associated with this             events held on or around navigable
                                             Guard Sector Ohio Valley may be                         rulemaking. You may also visit the                    waters within the Eighth Coast Guard
                                             contacted on VHF Channel 13 or 16, or                   Docket Management Facility in Room                    District. These events include air shows,
                                             at 1–800–253–7465.                                      W12–140 on the ground floor of the                    fireworks displays, and other marine
                                                (5) All persons and vessels shall                    Department of Transportation West                     related events requiring a limited access
                                             comply with the instructions of the                     Building, 1200 New Jersey Avenue SE.,                 area restricting vessel traffic for safety
rmajette on DSK7SPTVN1PROD with RULES




                                             Captain of the Port Ohio Valley and                     Washington, DC 20590, between 9 a.m.                  purposes. The list under 33 CFR
                                             designated U.S. Coast Guard patrol                      and 5 p.m., Monday through Friday,                    165.801 requires amending to provide
                                             personnel. On-scene U.S. Coast Guard                    except Federal holidays.                              new information on existing safety
                                             patrol personnel include commissioned,                  FOR FURTHER INFORMATION CONTACT: If                   zones, and updating to include new
                                             warrant, and petty officers of the U.S.                 you have questions on this rule, call or              safety zones expected to recur annually
                                             Coast Guard.                                            email Shelley R. Miller, Eighth Coast                 or biannually and to remove safety


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Document Created: 2015-12-15 12:04:49
Document Modified: 2015-12-15 12:04:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective and will be enforced on September 4, 2015 through September 5, 2015.
ContactIf you have questions on this rule, call or email Petty Officer Vera Max, MSD Nashville, Nashville, TN, at 615-736-5421 or at [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 49909 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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