82 FR 15664 - Special Local Regulation; Cumberland River, Mile 189.0 to 193.0; Nashville, TN

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 60 (March 30, 2017)

Page Range		15664-15666
FR Document		2017-06278

The Coast Guard proposes to establish a special local regulation for all waters of the Cumberland River beginning at mile marker 189.0 and ending at mile marker 193.0 from 11 a.m. until 6 p.m. on May 13, 4 a.m. until 6 p.m. on May 14, and 4 a.m. until 3 p.m. on May 15, 2017. This proposed special regulation is necessary to provide safety for the participants in the ``ACRA Henley'' marine event. This proposed rulemaking would prohibit persons and vessels from being in the special local regulated area unless authorized by the Captain of the Port Ohio Valley or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 60 (Thursday, March 30, 2017)

[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Proposed Rules]
[Pages 15664-15666]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06278]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0012]
RIN 1625-AA08


Special Local Regulation; Cumberland River, Mile 189.0 to 193.0; 
Nashville, TN

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a special local 
regulation for all waters of the Cumberland River beginning at mile 
marker 189.0 and ending at mile marker 193.0 from 11 a.m. until 6 p.m. 
on May 13, 4 a.m. until 6 p.m. on May 14, and 4 a.m. until 3 p.m. on 
May 15, 2017. This proposed special regulation is necessary to provide 
safety for the participants in the ``ACRA Henley'' marine event. This 
proposed rulemaking would prohibit persons and vessels from being in 
the special local regulated area unless authorized by the Captain of 
the Port Ohio Valley or a designated representative. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 1, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0012 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Ashley Schad, MSD 
Nashville, Nashville, TN, at 615-736-5421 or at 
[email protected].

[[Page 15665]]


SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On September 1, 2016, Vanderbilt Rowing notified the Coast Guard 
that it will be conducting a rowing race from 11 a.m. until 6 p.m. on 
May 13, 4 a.m. until 6 p.m. on May 14, and 4 a.m. until 3 p.m. on May 
15, 2017. The event will consist of at least 125 participants on 
various sized rowing shells on the Cumberland River. The Captain of the 
Port Ohio Valley (COTP) has determined that additional safety measures 
are necessary to protect participants, spectators, and waterway users 
during this event. Therefore, the Coast Guard proposes to establish a 
special local regulation on specified waters of the Cumberland River. 
This proposed regulation would be in effect from 11 a.m. until 6 p.m. 
on May 13, 4 a.m. until 6 p.m. on May 14, and 4 a.m. until 3 p.m. on 
May 15, 2017.
    The purpose of this rulemaking is to ensure the safety of vessels 
and participants of the navigable waters before, during, and after the 
scheduled event. The Coast Guard proposes this rulemaking under 
authority in 33 U.S.C. 1233, which authorizes the Coast Guard to 
establish and define special local regulations under 33 CFR 100.

III. Discussion of Proposed Rule

    The COTP proposes to establish a special local regulated area from 
11 a.m. until 6 p.m. on May 13, 4 a.m. until 6 p.m. on May 14, and 4 
a.m. until 3 p.m. on May 15, 2017 for all waters of the Cumberland 
River beginning at mile marker 189.0 and ending at mile marker 193.0. 
The duration of the special local regulated area is intended to ensure 
the safety of vessels, participants, and these navigable waters before, 
during, and after the scheduled event. No vessel or person would be 
permitted to enter the special local regulated area without obtaining 
permission from the COTP or a designated representative. The regulatory 
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders (E.O.s) related to rulemaking. Below we summarize 
our analyses based on a number of these statutes and E.O.s, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulated 
area.
    This proposed special local regulation restricts transit on the 
Cumberland River from mile 189.0 to 193.0, for 32 hours over three 
days. Broadcast Notices to Mariners and Local Notices to Mariners will 
also inform the community of this special local regulation so that they 
may plan accordingly for this short restriction on transit. Vessel 
traffic may request permission from the COTP Ohio Valley or a 
designated representative to enter the restricted area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
special local regulated area may be small entities, for the reasons 
stated in section IV.A above this proposed rule would not have a 
significant economic impact on any vessel owner or operator.
    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.
    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 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such

[[Page 15666]]

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

F. 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 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a special 
local regulated area that would prohibit entry to unauthorized vessels. 
Normally such actions are categorically excluded from further review 
under paragraph 34(h) of Figure 2-1 of Commandant Instruction 
M16475.lD. A preliminary environmental analysis checklist and 
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.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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. Add Sec.  100.35T08-0012 to read as follows:


Sec.  100.35T08-0012  Special Local Regulation; Cumberland River Mile 
189.0 to Mile 193.0; Nashville, TN.

    (a) Location. All waters of the Cumberland River beginning at mile 
marker 189.0 and ending at mile marker 193.0 at Nashville, TN.
    (b) Enforcement periods. This section will be enforced from 11 a.m. 
until 6 p.m. on May 13, 4 a.m. until 6 p.m. on May 14, and 4 a.m. until 
3 p.m. on May 15, 2017. 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 this special local 
regulation.
    (c) Special Local Regulations. (1) In accordance with the general 
regulations in Sec.  100.801 of this part, entry into this area is 
prohibited unless authorized by the Captain of the Port Ohio Valley or 
a designated representative.
    (2) Persons or vessels requiring entry into or passage through the 
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.

    Dated: March 13, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2017-06278 Filed 3-29-17; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Proposed Rules 15665

SUPPLEMENTARY INFORMATION: rulemaking. Below we summarize our qualifies and how and to what degree
analyses based on a number of these this rule would economically affect it.
I. Table of Abbreviations Under section 213(a) of the Small
statutes and E.O.s, and we discuss First
CFR Code of Federal Regulations Amendment rights of protestors. Business Regulatory Enforcement
DHS Department of Homeland Security Fairness Act of 1996 (Pub. L. 104–121),
A. Regulatory Planning and Review we want to assist small entities in
E.O. Executive order
FR Federal Register E.O.s 12866 and 13563 direct agencies understanding this proposed rule. If the
NPRM Notice of proposed rulemaking to assess the costs and benefits of rule would affect your small business,
Pub. L. Public Law available regulatory alternatives and, if organization, or governmental
§ Section jurisdiction and you have questions
regulation is necessary, to select
U.S.C. United States Code
regulatory approaches that maximize concerning its provisions or options for
net benefits. E.O. 13563 emphasizes the compliance, please contact the person
II. Background, Purpose, and Legal
importance of quantifying both costs listed in the FOR FURTHER INFORMATION
Basis
and benefits, of reducing costs, of CONTACT section. The Coast Guard will
On September 1, 2016, Vanderbilt harmonizing rules, and of promoting not retaliate against small entities that
Rowing notified the Coast Guard that it flexibility. This NPRM has not been question or complain about this
will be conducting a rowing race from designated a ‘‘significant regulatory proposed rule or any policy or action of
11 a.m. until 6 p.m. on May 13, 4 a.m. action,’’ under E.O. 12866. Accordingly, the Coast Guard.
until 6 p.m. on May 14, and 4 a.m. until the NPRM has not been reviewed by the
3 p.m. on May 15, 2017. The event will C. Collection of Information
Office of Management and Budget.
consist of at least 125 participants on This regulatory action determination This proposed rule would not call for
various sized rowing shells on the is based on the size, location, duration, a new collection of information under
Cumberland River. The Captain of the and time-of-day of the special local the Paperwork Reduction Act of 1995
Port Ohio Valley (COTP) has regulated area. (44 U.S.C. 3501–3520).
determined that additional safety This proposed special local regulation D. Federalism and Indian Tribal
measures are necessary to protect restricts transit on the Cumberland Governments
participants, spectators, and waterway River from mile 189.0 to 193.0, for 32
users during this event. Therefore, the A rule has implications for federalism
hours over three days. Broadcast Notices under E.O. 13132, Federalism, if it has
Coast Guard proposes to establish a to Mariners and Local Notices to
special local regulation on specified a substantial direct effect on the States,
Mariners will also inform the on the relationship between the national
waters of the Cumberland River. This community of this special local
proposed regulation would be in effect government and the States, or on the
regulation so that they may plan distribution of power and
from 11 a.m. until 6 p.m. on May 13, 4 accordingly for this short restriction on
a.m. until 6 p.m. on May 14, and 4 a.m. responsibilities among the various
transit. Vessel traffic may request levels of government. We have analyzed
until 3 p.m. on May 15, 2017. permission from the COTP Ohio Valley
The purpose of this rulemaking is to this proposed rule under that order and
or a designated representative to enter have determined that it is consistent
ensure the safety of vessels and
the restricted area. with the fundamental federalism
participants of the navigable waters
before, during, and after the scheduled B. Impact on Small Entities principles and preemption requirements
event. The Coast Guard proposes this described in E.O. 13132.
The Regulatory Flexibility Act of Also, this proposed rule does not have
rulemaking under authority in 33 U.S.C.
1980, 5 U.S.C. 601–612, as amended, tribal implications under E.O. 13175,
1233, which authorizes the Coast Guard
requires federal agencies to consider the Consultation and Coordination with
to establish and define special local
potential impact of regulations on small Indian Tribal Governments, because it
regulations under 33 CFR 100.
entities during rulemaking. The term would not have a substantial direct
III. Discussion of Proposed Rule ‘‘small entities’’ comprises small effect on one or more Indian tribes, on
The COTP proposes to establish a businesses, not-for-profit organizations the relationship between the Federal
special local regulated area from 11 a.m. that are independently owned and Government and Indian tribes, or on the
until 6 p.m. on May 13, 4 a.m. until 6 operated and are not dominant in their distribution of power and
p.m. on May 14, and 4 a.m. until 3 p.m. fields, and governmental jurisdictions responsibilities between the Federal
on May 15, 2017 for all waters of the with populations of less than 50,000. Government and Indian tribes. If you
Cumberland River beginning at mile The Coast Guard certifies under 5 U.S.C. believe this proposed rule has
marker 189.0 and ending at mile marker 605(b) that this proposed rule would not implications for federalism or Indian
193.0. The duration of the special local have a significant economic impact on tribes, please contact the person listed
regulated area is intended to ensure the a substantial number of small entities. in the FOR FURTHER INFORMATION
safety of vessels, participants, and these While some owners or operators of CONTACT section above.
navigable waters before, during, and vessels intending to transit the special
local regulated area may be small E. Unfunded Mandates Reform Act
after the scheduled event. No vessel or
person would be permitted to enter the entities, for the reasons stated in section The Unfunded Mandates Reform Act
special local regulated area without IV.A above this proposed rule would of 1995 (2 U.S.C. 1531–1538) requires
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

obtaining permission from the COTP or not have a significant economic impact Federal agencies to assess the effects of
a designated representative. The on any vessel owner or operator. their discretionary regulatory actions. In
regulatory text we are proposing appears If you think that your business, particular, the Act addresses actions
at the end of this document. organization, or governmental that may result in the expenditure by a
jurisdiction qualifies as a small entity State, local, or tribal government, in the
IV. Regulatory Analyses and that this rule would have a aggregate, or by the private sector of
We developed this proposed rule after significant economic impact on it, $100,000,000 (adjusted for inflation) or
considering numerous statutes and please submit a comment (see more in any one year. Though this
executive orders (E.O.s) related to ADDRESSES) explaining why you think it proposed rule would not result in such

VerDate Sep<11>2014 17:18 Mar 29, 2017 Jkt 241001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\30MRP1.SGM 30MRP1

Document Created: 2017-03-30 01:35:33
Document Modified: 2017-03-30 01:35:33

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before May 1, 2017.
Contact		If you have questions about this proposed rulemaking, call or email Petty Officer Ashley Schad, MSD Nashville, Nashville, TN, at 615-736-5421 or at [email protected]
FR Citation		82 FR 15664
RIN Number		1625-AA08
CFR Associated		Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

82 FR 15664 - Special Local Regulation; Cumberland River, Mile 189.0 to 193.0; Nashville, TN

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 60 (March 30, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard