80_FR_50127 80 FR 49968 - Special Local Regulation, Tennessee River 463.0 to 467.0; Chattanooga, TN

80 FR 49968 - Special Local Regulation, Tennessee River 463.0 to 467.0; Chattanooga, TN

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range49968-49970
FR Document2015-20403

The Coast Guard is proposing a special local regulated area for all waters of the Tennessee River, beginning at mile marker 463.0 and ending at mile marker 467.0. This proposed regulated area is necessary to provide safety for the approximately 2,500 swimmers that will be participating in the ``Ironman Chattanooga'' on the Tennessee River from mile marker 463.0 to mile marker 467.0. 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)]
[Proposed Rules]
[Pages 49968-49970]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20403]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0011]
RIN 1625-AA08


Special Local Regulation, Tennessee River 463.0 to 467.0; 
Chattanooga, TN

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing a special local regulated area 
for all waters of the Tennessee River, beginning at mile marker 463.0 
and ending at mile marker 467.0. This proposed regulated area is 
necessary to provide safety for the approximately 2,500 swimmers that 
will be participating in the ``Ironman Chattanooga'' on the Tennessee 
River from mile marker 463.0 to mile marker 467.0. Entry into this area 
will be prohibited unless specifically authorized by the Captain of the 
Port Ohio Valley or designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 2, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Ashley Schad, MSD Nashville Nashville, TN, 
at 615-736-5421 or at Ashley.M.Schad@uscg.mil. 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

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2015-0011) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2015-0011) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not plan to hold a public meeting, but you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The ``Ironman Chattanooga'' is a second year event being held on 
September 27, 2015. The Captain of the Port 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 proposes to establish a special local 
regulation for all waters of the Tennessee River beginning at mile 
marker 463.0 and ending at mile marker 467.0. This proposed regulation 
would provide safety for the approximately 2,500 swimmers that will be 
racing in the ``Ironman Chattanooga.''
    The legal basis and authorities for this proposed rulemaking 
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.

[[Page 49969]]

C. Discussion of Proposed Rule

    The Captain of the Port Ohio Valley is proposing a special local 
regulated area for all waters of the Tennessee River beginning at mile 
marker 463.0 and ending at mile marker 467.0. Vessels or persons would 
not be permitted to enter into, depart from, or move within this area 
without permission from the Captain of the Port Ohio Valley or 
designated representative. Persons or vessels requiring entry into or 
passage through the proposed special local regulated area will be 
required to request permission from the Captain of the Port Ohio 
Valley, or designated representative. They would be contacted on VHF-FM 
Channel 13 or 16, or through Coast Guard Sector Ohio Valley at 1-800-
253-7465. This proposed rule would be enforced from 5:00 a.m. until 
11:00 a.m. on September 27, 2015. The Captain of the Port Ohio Valley 
would inform the public through broadcast notices to mariners of the 
enforcement period for the special local regulated area as well if any 
changes in the planned schedule.

E. Regulatory Analyses

    We developed this proposed 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 proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory 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 proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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 proposed rule will not have a significant 
economic impact on a substantial number of 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. 
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 463.0 to mile marker 467.0 on the Tennessee River, from 
5:00 a.m. to 11:00 a.m. on September 27, 2015. This proposed special 
local regulated area will not have a significant economic impact on a 
substantial number of small entities as it will be enforced for only 
hours. Additionally, although the proposed 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 Captain of the Port 
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 proposed 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 proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not 
result in such expenditures, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

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

11. Indian Tribal Governments

    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

[[Page 49970]]

power and responsibilities between the Federal Government and Indian 
tribes.

12. Energy Effects

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

14. Environment

    We have analyzed this proposed 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 proposed rule 
involves the Captain of the Port Ohio Valley establishing a special 
local regulation for all waters of the Tennessee River beginning at 
mile marker 463.0 and ending at mile marker 467.0 to provide safety for 
the approximately 2,500 swimmers that will be racing in the ``Ironman 
Chattanooga.'' 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 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 proposed rule.

List of Subjects in 33 CFR Part 100

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

PART 100--REGATTAS AND MARINE PARADES

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

    Authority: 33 U.S.C. 1233.

0
2. A new temporary Sec.  100.35T08-0011 is added to read as follows:


Sec.  100.35T08-0011  Special Local Regulation; Tennessee River Mile 
463.0 to 467.0, Chattanooga, TN.

    (a) Location of Regulated Area. All waters of the Tennessee River 
beginning at mile marker 463.0 and ending at mile marker 467.0.
    (b) Enforcement Period. This rule will be enforced from 5:00 a.m. 
to 11:00 a.m. on September 27, 2015. 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.
    (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) 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.
    (4) 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 29, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-20403 Filed 8-17-15; 8:45 am]
BILLING CODE 9110-04-P



                                                      49968                  Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Proposed Rules

                                                      Subparts E through I [Removed]                          Nashville Nashville, TN, at 615–736–                  change the rule based on your
                                                                                                              5421 or at Ashley.M.Schad@uscg.mil. If                comments.
                                                      ■   28. Remove subparts E through I.                    you have questions on viewing or
                                                                                                                                                                    2. Viewing Comments and Documents
                                                      [FR Doc. 2015–19226 Filed 8–17–15; 8:45 am]             submitting material to the docket, call
                                                      BILLING CODE 4510–26–P                                  Cheryl Collins, Program Manager,                         To view comments, as well as
                                                                                                              Docket Operations, telephone (202)                    documents mentioned in this preamble
                                                                                                              366–9826                                              as being available in the docket, go to
                                                      DEPARTMENT OF HOMELAND                                  SUPPLEMENTARY INFORMATION:                            http://www.regulations.gov, type the
                                                      SECURITY                                                                                                      docket number (USCG–2015–0011) in
                                                                                                              Table of Acronyms                                     the ‘‘SEARCH’’ box and click
                                                      Coast Guard                                             DHS Department of Homeland Security                   ‘‘SEARCH.’’ Click on Open Docket
                                                                                                              FR Federal Register                                   Folder on the line associated with this
                                                      33 CFR Part 100                                         NPRM Notice of Proposed Rulemaking                    rulemaking. You may also visit the
                                                                                                              A. Public Participation and Request for               Docket Management Facility in Room
                                                      [Docket Number USCG–2015–0011]                                                                                W12–140 on the ground floor of the
                                                                                                              Comments
                                                      RIN 1625–AA08                                                                                                 Department of Transportation West
                                                                                                                We encourage you to participate in                  Building, 1200 New Jersey Avenue SE.,
                                                      Special Local Regulation, Tennessee                     this rulemaking by submitting                         Washington, DC 20590, between 9 a.m.
                                                      River 463.0 to 467.0; Chattanooga, TN                   comments and related materials. All                   and 5 p.m., Monday through Friday,
                                                                                                              comments received will be posted                      except Federal holidays.
                                                      AGENCY:   Coast Guard, DHS.                             without change to http://
                                                      ACTION:   Notice of proposed rulemaking.                www.regulations.gov and will include                  3. Privacy Act
                                                                                                              any personal information you have                        Anyone can search the electronic
                                                      SUMMARY:   The Coast Guard is proposing                 provided.                                             form of comments received into any of
                                                      a special local regulated area for all                                                                        our dockets by the name of the
                                                      waters of the Tennessee River,                          1. Submitting Comments
                                                                                                                                                                    individual submitting the comment (or
                                                      beginning at mile marker 463.0 and                         If you submit a comment, please                    signing the comment, if submitted on
                                                      ending at mile marker 467.0. This                       include the docket number for this                    behalf of an association, business, labor
                                                      proposed regulated area is necessary to                 rulemaking, indicate the specific section             union, etc.). You may review a Privacy
                                                      provide safety for the approximately                    of this document to which each                        Act notice regarding our public dockets
                                                      2,500 swimmers that will be                             comment applies, and provide a reason                 in the January 17, 2008, issue of the
                                                      participating in the ‘‘Ironman                          for each suggestion or recommendation.                Federal Register (73 FR 3316).
                                                      Chattanooga’’ on the Tennessee River                    You may submit your comments and
                                                      from mile marker 463.0 to mile marker                   material online at http://                            4. Public Meeting
                                                      467.0. Entry into this area will be                     www.regulations.gov, or by fax, mail, or                 We do not plan to hold a public
                                                      prohibited unless specifically                          hand delivery, but please use only one                meeting, but you may submit a request
                                                      authorized by the Captain of the Port                   of these means. If you submit a                       for one, using one of the methods
                                                      Ohio Valley or designated                               comment online, it will be considered                 specified under ADDRESSES. Please
                                                      representative.                                         received by the Coast Guard when you                  explain why you believe a public
                                                      DATES:  Comments and related material                   successfully transmit the comment. If                 meeting would be beneficial. If we
                                                      must be received by the Coast Guard on                  you fax, hand deliver, or mail your                   determine that one would aid this
                                                      or before September 2, 2015.                            comment, it will be considered as                     rulemaking, we will hold one at a time
                                                                                                              having been received by the Coast                     and place announced by a later notice
                                                      ADDRESSES: You may submit comments                      Guard when it is received at the Docket               in the Federal Register.
                                                      identified by docket number using any                   Management Facility. We recommend
                                                      one of the following methods:                           that you include your name and a                      B. Basis and Purpose
                                                        (1) Federal eRulemaking Portal:                       mailing address, an email address, or a                  The ‘‘Ironman Chattanooga’’ is a
                                                      http://www.regulations.gov.                             telephone number in the body of your                  second year event being held on
                                                        (2) Fax: 202–493–2251.                                document so that we can contact you if                September 27, 2015. The Captain of the
                                                        (3) Mail or Delivery: Docket                          we have questions regarding your                      Port Ohio Valley has determined that
                                                      Management Facility (M–30), U.S.                        submission.                                           additional safety measures are necessary
                                                      Department of Transportation, West                         To submit your comment online, go to               to protect race participants, spectators,
                                                      Building Ground Floor, Room W12–140,                    http://www.regulations.gov, type the                  and waterway users during this event.
                                                      1200 New Jersey Avenue SE.,                             docket number (USCG–2015–0011) in                     Therefore, the Coast Guard proposes to
                                                      Washington, DC 20590–0001. Deliveries                   the ‘‘SEARCH’’ box and click                          establish a special local regulation for
                                                      accepted between 9 a.m. and 5 p.m.,                     ‘‘SEARCH.’’ Click on ‘‘Submit a                       all waters of the Tennessee River
                                                      Monday through Friday, except federal                   Comment’’ on the line associated with                 beginning at mile marker 463.0 and
                                                      holidays. The telephone number is 202–                  this rulemaking.                                      ending at mile marker 467.0. This
                                                      366–9329.                                                  If you submit your comments by mail                proposed regulation would provide
                                                        See the ‘‘Public Participation and                    or hand delivery, submit them in an                   safety for the approximately 2,500
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Request for Comments’’ portion of the                   unbound format, no larger than 81⁄2 by                swimmers that will be racing in the
                                                      SUPPLEMENTARY INFORMATION section                       11 inches, suitable for copying and                   ‘‘Ironman Chattanooga.’’
                                                      below for further instructions on                       electronic filing. If you submit                         The legal basis and authorities for this
                                                      submitting comments. To avoid                           comments by mail and would like to                    proposed rulemaking establishing a
                                                      duplication, please use only one of                     know that they reached the Facility,                  special local regulation are found in 33
                                                      these three methods.                                    please enclose a stamped, self-addressed              U.S.C. 1233, which authorizes the Coast
                                                      FOR FURTHER INFORMATION CONTACT: If                     postcard or envelope. We will consider                Guard to establish and define special
                                                      you have questions on this rule, call or                all comments and material received                    local regulations for regattas under 33
                                                      email Petty Officer Ashley Schad, MSD                   during the comment period and may                     CFR 100.


                                                 VerDate Sep<11>2014   15:36 Aug 17, 2015   Jkt 235001   PO 00000   Frm 00039   Fmt 4702   Sfmt 4702   E:\FR\FM\18AUP1.SGM   18AUP1


                                                                             Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Proposed Rules                                          49969

                                                      C. Discussion of Proposed Rule                          605(b) that this proposed rule will not               Order and determined that this rule
                                                         The Captain of the Port Ohio Valley                  have a significant economic impact on                 does not have implications for
                                                      is proposing a special local regulated                  a substantial number of small entities.               federalism.
                                                      area for all waters of the Tennessee                    The Coast Guard certifies under 5 U.S.C.
                                                                                                                                                                    6. Protest Activities
                                                      River beginning at mile marker 463.0                    605(b) that this rule will not have a
                                                      and ending at mile marker 467.0.                        significant economic impact on a                        The Coast Guard respects the First
                                                      Vessels or persons would not be                         substantial number of small entities.                 Amendment rights of protesters.
                                                      permitted to enter into, depart from, or                This rule will affect the following                   Protesters are asked to contact the
                                                      move within this area without                           entities, some of which may be small                  person listed in the FOR FURTHER
                                                                                                              entities: The owners or operators of                  INFORMATION CONTACT section to
                                                      permission from the Captain of the Port
                                                      Ohio Valley or designated                               vessels intending to transit mile marker              coordinate protest activities so that your
                                                      representative. Persons or vessels                      463.0 to mile marker 467.0 on the                     message can be received without
                                                      requiring entry into or passage through                 Tennessee River, from 5:00 a.m. to 11:00              jeopardizing the safety or security of
                                                      the proposed special local regulated                    a.m. on September 27, 2015. This                      people, places or vessels.
                                                      area will be required to request                        proposed special local regulated area
                                                                                                                                                                    7. Unfunded Mandates Reform Act
                                                      permission from the Captain of the Port                 will not have a significant economic
                                                                                                              impact on a substantial number of small                 The Unfunded Mandates Reform Act
                                                      Ohio Valley, or designated
                                                      representative. They would be contacted                 entities as it will be enforced for only              of 1995 (2 U.S.C. 1531–1538) requires
                                                      on VHF–FM Channel 13 or 16, or                          hours. Additionally, although the                     Federal agencies to assess the effects of
                                                      through Coast Guard Sector Ohio Valley                  proposed special local regulated area                 their discretionary regulatory actions. In
                                                      at 1–800–253–7465. This proposed rule                   will apply to the entire width of the                 particular, the Act addresses actions
                                                      would be enforced from 5:00 a.m. until                  river, traffic will be allowed to pass                that may result in the expenditure by a
                                                      11:00 a.m. on September 27, 2015. The                   through the area with the permission of               State, local, or tribal government, in the
                                                      Captain of the Port Ohio Valley would                   the Captain of the Port Ohio Valley or                aggregate, or by the private sector of
                                                      inform the public through broadcast                     designated representative.                            $100,000,000 (adjusted for inflation) or
                                                      notices to mariners of the enforcement                     If you think that your business,                   more in any one year. Though this
                                                      period for the special local regulated                  organization, or governmental                         proposed rule would not result in such
                                                      area as well if any changes in the                      jurisdiction qualifies as a small entity              expenditures, we do discuss the effects
                                                      planned schedule.                                       and that this rule would have a                       of this rule elsewhere in this preamble.
                                                                                                              significant economic impact on it,                    8. Taking of Private Property
                                                      E. Regulatory Analyses                                  please submit a comment (see
                                                        We developed this proposed rule after                 ADDRESSES) explaining why you think it                  This proposed rule would not cause a
                                                      considering numerous statutes and                       qualifies and how and to what degree                  taking of private property or otherwise
                                                      executive orders related to rulemaking.                 this rule would economically affect it.               have taking implications under
                                                      Below we summarize our analyses                                                                               Executive Order 12630, Governmental
                                                                                                              3. Assistance for Small Entities                      Actions and Interference with
                                                      based on a number of these statutes or
                                                      executive orders.                                          Under section 213(a) of the Small                  Constitutionally Protected Property
                                                                                                              Business Regulatory Enforcement                       Rights.
                                                      1. Regulatory Planning and Review                       Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                                                                                    9. Civil Justice Reform
                                                         This proposed rule is not a significant              we want to assist small entities in
                                                      regulatory action under section 3(f) of                 understanding this proposed rule. If the                 This proposed rule meets applicable
                                                      Executive Order 12866, Regulatory                       rule would affect your small business,                standards in sections 3(a) and 3(b)(2) of
                                                      Planning and Review, as supplemented                    organization, or governmental                         Executive Order 12988, Civil Justice
                                                      by Executive Order 13563, Improving                     jurisdiction and you have questions                   Reform, to minimize litigation,
                                                      Regulation and Regulatory Review, and                   concerning its provisions or options for              eliminate ambiguity, and reduce
                                                      does not require an assessment of                       compliance, please contact the person                 burden.
                                                      potential costs and benefits under                      listed in the FOR FURTHER INFORMATION                 10. Protection of Children From
                                                      section 6(a)(3) of Executive Order 12866                CONTACT, above. The Coast Guard will                  Environmental Health Risks
                                                      or under section 1 of Executive Order                   not retaliate against small entities that
                                                      13563. The Office of Management and                     question or complain about this                          We have analyzed this proposed rule
                                                      Budget has not reviewed it under those                  proposed rule or any policy or action of              under Executive Order 13045,
                                                      Orders.                                                 the Coast Guard.                                      Protection of Children from
                                                                                                                                                                    Environmental Health Risks and Safety
                                                      2. Impact on Small Entities                             4. Collection of Information                          Risks. This rule is not an economically
                                                         Under the Regulatory Flexibility Act                    This proposed rule will not call for a             significant rule and would not create an
                                                      (5 U.S.C. 601–612), we have considered                  new collection of information under the               environmental risk to health or risk to
                                                      the impact of this proposed rule on                     Paperwork Reduction Act of 1995 (44                   safety that might disproportionately
                                                      small entities. The Coast Guard certifies               U.S.C. 3501–3520.).                                   affect children.
                                                      under 5 U.S.C. 605(b) that this proposed
                                                      rule will not have a significant                        5. Federalism                                         11. Indian Tribal Governments
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      economic impact on a substantial                           A rule has implications for federalism                This proposed rule does not have
                                                      number of small entities. The term                      under Executive Order 13132,                          tribal implications under Executive
                                                      ‘‘small entities’’ comprises small                      Federalism, if it has a substantial direct            Order 13175, Consultation and
                                                      businesses, not-for-profit organizations                effect on the States, on the relationship             Coordination with Indian Tribal
                                                      that are independently owned and                        between the national government and                   Governments, because it would not have
                                                      operated and are not dominant in their                  the States, or on the distribution of                 a substantial direct effect on one or
                                                      fields, and governmental jurisdictions                  power and responsibilities among the                  more Indian tribes, on the relationship
                                                      with populations of less than 50,000.                   various levels of government. We have                 between the Federal Government and
                                                      The Coast Guard certifies under 5 U.S.C.                analyzed this proposed rule under that                Indian tribes, or on the distribution of


                                                 VerDate Sep<11>2014   15:36 Aug 17, 2015   Jkt 235001   PO 00000   Frm 00040   Fmt 4702   Sfmt 4702   E:\FR\FM\18AUP1.SGM   18AUP1


                                                      49970                  Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Proposed Rules

                                                      power and responsibilities between the                  PART 100—REGATTAS AND MARINE                          ENVIRONMENTAL PROTECTION
                                                      Federal Government and Indian tribes.                   PARADES                                               AGENCY
                                                      12. Energy Effects                                                                                            40 CFR Part 52
                                                                                                              ■ 1. The authority citation for part 100
                                                         This proposed rule is not a                          continues to read as follows:                         [EPA–R06–OAR–2014–0259; FRL–9932–33–
                                                      ‘‘significant energy action’’ under                         Authority: 33 U.S.C. 1233.
                                                                                                                                                                    Region 6]
                                                      Executive Order 13211, Actions
                                                      Concerning Regulations That                             ■  2. A new temporary § 100.35T08–0011                Clean Air Act Redesignation Substitute
                                                      Significantly Affect Energy Supply,                     is added to read as follows:                          for the Houston-Galveston-Brazoria
                                                      Distribution, or Use because it is not a                                                                      1-Hour Ozone Nonattainment Area;
                                                      ‘‘significant regulatory action’’ under                 § 100.35T08–0011 Special Local                        Texas
                                                      Executive Order 12866 and is not likely                 Regulation; Tennessee River Mile 463.0 to
                                                                                                              467.0, Chattanooga, TN.                               AGENCY:  Environmental Protection
                                                      to have a significant adverse effect on                                                                       Agency (EPA).
                                                      the supply, distribution, or use of                        (a) Location of Regulated Area. All                ACTION: Proposed rule.
                                                      energy. The Administrator of the Office                 waters of the Tennessee River beginning
                                                      of Information and Regulatory Affairs                   at mile marker 463.0 and ending at mile               SUMMARY:    The Environmental Protection
                                                      has not designated it as a significant                  marker 467.0.                                         Agency (EPA) is proposing to approve a
                                                      energy action. Therefore, it does not                                                                         redesignation substitute demonstration
                                                      require a Statement of Energy Effects                      (b) Enforcement Period. This rule will
                                                                                                              be enforced from 5:00 a.m. to 11:00 a.m.              provided by the State of Texas that the
                                                      under Executive Order 13211.                                                                                  Houston-Galveston-Brazoria 1-hour
                                                                                                              on September 27, 2015. The Captain of
                                                      13. Technical Standards                                                                                       ozone nonattainment area (HGB area)
                                                                                                              the Port Ohio Valley or a designated
                                                                                                                                                                    has attained the revoked 1-hour ozone
                                                                                                              representative will inform the public
                                                        This proposed rule does not use                                                                             National Ambient Air Quality Standards
                                                      technical standards. Therefore, we did                  through broadcast notice to mariners of               (NAAQS) due to permanent and
                                                      not consider the use of voluntary                       the enforcement period for the special                enforceable emission reductions, and
                                                      consensus standards.                                    local regulation.                                     that it will maintain that NAAQS for ten
                                                                                                                 (c) Special Local Regulations. (1) The             years from the date of the EPA’s
                                                      14. Environment                                         general regulations contained in 33 CFR               approval of this demonstration. Final
                                                        We have analyzed this proposed rule                   100.35 as well as the regulations in this             approval of the redesignation substitute
                                                      under Department of Homeland                            section apply to the Regulated Area.                  demonstration will result in the State no
                                                      Security Management Directive 023–01                       (2) Entry into the Regulated Area is               longer being required to adopt any
                                                      and Commandant Instruction                              prohibited unless authorized by the                   additional applicable 1-hour ozone
                                                      M16475.lD, which guide the Coast                                                                              NAAQS requirements for the area which
                                                                                                              Captain of the Port Ohio Valley or a
                                                      Guard in complying with the National                                                                          have not already been approved into the
                                                                                                              designated representative.
                                                      Environmental Policy Act of 1969                                                                              State Implementation Plan (SIP). In
                                                                                                                 (3) Persons or vessels requiring entry             addition, final approval will allow
                                                      (NEPA) (42 U.S.C. 4321–4370f), and
                                                      have made a preliminary determination                   into or passage through the Regulated                 Texas to seek to revise the Texas SIP to
                                                      that this action is one of a category of                Area must request permission from the                 remove anti-backsliding measures from
                                                      actions that do not individually or                     Captain of the Port Ohio Valley or a                  the active portion of its SIP if it can
                                                      cumulatively have a significant effect on               designated representative. U.S. Coast                 demonstrate, pursuant to Clean Air Act
                                                      the human environment. This proposed                    Guard Sector Ohio Valley may be                       (CAA) section 110(1), that such revision
                                                      rule involves the Captain of the Port                   contacted on VHF Channel 13 or 16, or                 would not interfere with attainment or
                                                      Ohio Valley establishing a special local                at 1–800–253–7465.                                    maintenance of any applicable NAAQS,
                                                      regulation for all waters of the                                                                              or any other requirement of the CAA.
                                                                                                                 (4) All persons and vessels shall
                                                      Tennessee River beginning at mile                       comply with the instructions of the                   DATES: Written comments must be
                                                      marker 463.0 and ending at mile marker                  Captain of the Port Ohio Valley and                   received on or before September 17,
                                                      467.0 to provide safety for the                         designated U.S. Coast Guard patrol                    2015.
                                                      approximately 2,500 swimmers that will                  personnel. On-scene U.S. Coast Guard                  ADDRESSES:   Submit your comments,
                                                      be racing in the ‘‘Ironman Chattanooga.’’               patrol personnel include commissioned,                identified by Docket No. EPA–R06–
                                                      This rule is categorically excluded from                warrant, and petty officers of the U.S.               OAR–2014–0259, by one of the
                                                      further review under paragraph 34(h) of                 Coast Guard.                                          following methods:
                                                      Figure 2–1 of the Commandant                                                                                    • www.regulations.gov. Follow the
                                                      Instruction. A preliminary                                Dated: July 29, 2015.
                                                                                                                                                                    online instructions.
                                                      environmental analysis checklist                        R.V. Timme,                                             • Email: Ms. Tracie Donaldson at
                                                      supporting this determination and a                     Captain, U.S. Coast Guard, Captain of the             Donaldson.tracie@epa.gov.
                                                      Categorical Exclusion Determination are                 Port Ohio Valley.                                       • Mail or delivery: Ms. Mary Stanton,
                                                      available in the docket where indicated                 [FR Doc. 2015–20403 Filed 8–17–15; 8:45 am]           Chief, Air State and Tribal Operations
                                                      under ADDRESSES. We seek any                                                                                  Section (6PD–S), Environmental
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                              BILLING CODE 9110–04–P
                                                      comments or information that may lead                                                                         Protection Agency, 1445 Ross Avenue,
                                                      to the discovery of a significant                                                                             Suite 1200, Dallas, Texas 75202–2733.
                                                      environmental impact from this                                                                                  Instructions: Direct your comments to
                                                      proposed rule.                                                                                                Docket No. EPA–R06–OAR–2014–0259.
                                                      List of Subjects in 33 CFR Part 100                                                                           EPA’s policy is that all comments
                                                                                                                                                                    received will be included in the public
                                                        For the reasons discussed in the                                                                            docket without change and may be
                                                      preamble, the Coast Guard proposes to                                                                         made available online at
                                                      amend 33 CFR part 100 as follows:                                                                             www.regulations.gov, including any


                                                 VerDate Sep<11>2014   15:36 Aug 17, 2015   Jkt 235001   PO 00000   Frm 00041   Fmt 4702   Sfmt 4702   E:\FR\FM\18AUP1.SGM   18AUP1



Document Created: 2015-12-15 12:05:13
Document Modified: 2015-12-15 12:05:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before September 2, 2015.
ContactIf you have questions on this rule, call or email Petty Officer Ashley Schad, 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 49968 
RIN Number1625-AA08

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR