83_FR_59538 83 FR 59312 - Safety Zones; Pipeline Construction, Tennessee River Miles 465 to 466, Chattanooga, TN

83 FR 59312 - Safety Zones; Pipeline Construction, Tennessee River Miles 465 to 466, Chattanooga, TN

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 226 (November 23, 2018)

Page Range59312-59314
FR Document2018-25536

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Tennessee River from mile marker (MM) 465 to MM 466. This safety zone is necessary to protect persons, property, and the marine environment from potential hazards associated with the construction of an underground pipeline. Entry of vessels or persons into this zone is prohibited unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative.

Federal Register, Volume 83 Issue 226 (Friday, November 23, 2018)
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Rules and Regulations]
[Pages 59312-59314]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25536]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1030]
RIN 1625-AA00


Safety Zones; Pipeline Construction, Tennessee River Miles 465 to 
466, Chattanooga, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Tennessee River from mile marker (MM) 465 
to MM 466. This safety zone is necessary to protect persons, property, 
and the marine environment from potential hazards associated with the 
construction of an underground pipeline. Entry of vessels or persons 
into this zone is prohibited unless authorized by the Captain of the 
Port Sector Ohio Valley or a designated representative.

DATES: This rule is effective without actual notice from November 23, 
2018 through 7:30 p.m. on January 25, 2019. For the purposes of 
enforcement, actual notice will be used from November 19, 2018, through 
November 23, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-1030 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Nicholas Jones, Marine Safety Detachment 
Nashville, U.S. Coast Guard; telephone 615-736-5421, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (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)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because it is impracticable. We must 
establish this safety zone by November 19, 2018, and lack sufficient 
time to provide a reasonable comment period and then consider those 
comments before issuing the rule. On November 1, 2018, Reynolds 
Construction, LLC notified Marine Safety Detachment Nashville that 
their underwater pipeline construction operations at mile marker 465.2 
of the Tennessee River would be ready to commence on November 19,

[[Page 59313]]

2018. Reynolds Construction estimates that the work will take 10 weeks, 
excluding November 22-25, December 8-9, December 22-25, and December 
29-January 1.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making it effective less than 30 days after publication in 
the Federal Register. Delaying the effective date of this rule would be 
contrary to the public interest because immediate action is needed to 
respond to potential safety hazards associated with the underwater 
pipeline construction.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Sector Ohio Valley (COTP) has determined 
that potential hazards associated with the underwater blasting and 
pipeline construction will be a safety concern for anyone on a one-mile 
stretch of the Tennessee River. This rule is necessary to protect 
persons, vessels, and the marine environment during the construction 
operations.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from mile marker (MM) 
465 to MM 466 on the Tennessee River in Chattanooga, TN from 6:30 a.m. 
on November 19, 2018, through 7:30 p.m. on January 25, 2019. The safety 
zone will be enforced from 6:30 a.m. through 7:30 p.m. each day, 
excluding November 22-25, December 8-9, December 22-25, and December 
29-January 1. A safety vessel will coordinate all vessel traffic during 
the enforcement periods. The COTP may terminate enforcement of this 
rule if the work is finished earlier. The duration of the safety zone 
is intended to protect persons, vessels, and the marine environment 
during the construction operations.
    No vessel or person is permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. A 
designated representative is a commissioned, warrant, or petty officer 
of the U.S. Coast Guard assigned to units under the operational control 
of Sector Ohio Valley, U.S. Coast Guard. They may be contacted on VHF 
Channel 13 or 16, or at 1-800-253-7465. All persons and vessels 
permitted to enter this safety zone must transit at their slowest safe 
speed and comply with all directions issued by the COTP or the 
designated representative. The COTP or a designated representative will 
inform the public of the enforcement times and dates for this safety 
zone through Broadcast Notices to Mariners (BNMs), Local Notices to 
Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs), as 
appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget, and pursuant to OMB guidance it is exempt from 
the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. This safety 
zone prohibits transit on a one-mile stretch of the Tennessee River for 
about 13 hours, on workdays only, during a ten-week period. The rule 
also allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
temporary safety zone may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In

[[Page 59314]]

particular, the Act addresses actions that may result in the 
expenditure by a State, local, or tribal government, in the aggregate, 
or by the private sector of $100,000,000 (adjusted for inflation) or 
more in any one year. Though this rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule prohibits 
transit on a one-mile stretch of the Tennessee River for about 13 hours 
on workdays only during a ten-week period. It is categorically excluded 
from further review under paragraph L60(a) of Appendix A, Table 1 of 
DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the U.S. Coast Guard 
amends 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.2.

0
2. Add Sec.  165.35T08-1030 to read as follows:


Sec.  165.35T08-1030  Safety Zone; Pipeline Construction, Tennessee 
River, Miles 465 to 466, Chattanooga, TN.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Tennessee River from mile marker (MM) 465.0 to MM 466.0, 
Chattanooga, TN.
    (b) Effective period. This section is effective without actual 
notice from November 23, 2018 through 7:30 p.m. on January 25, 2019. 
For the purposes of enforcement, actual notice will be used from 
November 19, 2018 through November 23, 2018.
    (c) Enforcement periods. This section will be enforced each day 
during the effective period from 6:30 a.m. through 7:30 p.m., excluding 
November 22-25, December 8-9, December 22-25, and December 29-January 
1. The Captain of the Port Sector Ohio Valley (COTP) may terminate 
enforcement of this section if the work is finished earlier.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this area is prohibited unless 
authorized by the COTP or a designated representative. A designated 
representative is a commissioned, warrant, or petty officer of the U.S. 
Coast Guard assigned to units under the operational control of Sector 
Ohio Valley, U.S. Coast Guard.
    (2) Persons or vessels requiring entry into or passage through the 
area must request permission from the COTP 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.
    (3) A designated safety vessel will coordinate all vessel traffic 
during the enforcement of this safety zone. All persons and vessels 
permitted to enter this safety zone must transit at their slowest safe 
speed and comply with all directions issued by the COTP or the 
designated representative.
    (e) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and dates for this 
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices 
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs), 
as appropriate.

    Dated: November 19, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-25536 Filed 11-21-18; 8:45 am]
BILLING CODE 9110-04-P



                                           59312            Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations

                                              (ii) When the draw cannot be opened                  required by 33 CFR 117.5. Navigation on               hazards associated with the
                                           immediately—illumination of a fixed                     the waterway is commercial and                        construction of an underground
                                           red light not more 30 seconds after the                 recreational.                                         pipeline. Entry of vessels or persons
                                           vessel’s opening signal.                                   The drawspan will be secured in the                into this zone is prohibited unless
                                              (7) The fixed white light will remain                closed-to-navigation position from 7                  authorized by the Captain of the Port
                                           illuminated until the bridge reaches the                a.m. on November 26, 2018, through 4                  Sector Ohio Valley or a designated
                                           fully open position. The fixed white and                p.m. on November 27, 2018, to allow the               representative.
                                           red lights will be positioned on the east               bridge owner to perform necessary                     DATES: This rule is effective without
                                           (New Jersey) bridge abutment adjacent                   preventative maintenance and non-                     actual notice from November 23, 2018
                                           to the navigation span.                                 destructive testing on the bridge’s lift              through 7:30 p.m. on January 25, 2019.
                                             Dated: November 14, 2018.                             span gear box. This temporary deviation               For the purposes of enforcement, actual
                                           G.G. Stump,                                             has been coordinated with the waterway                notice will be used from November 19,
                                                                                                   users. No objections to the proposed                  2018, through November 23, 2018.
                                           Captain, U.S. Coast Guard, Acting
                                           Commander, Fifth Coast Guard District.                  temporary deviation were raised.                      ADDRESSES: To view documents
                                                                                                      Vessels able to pass through the                   mentioned in this preamble as being
                                           [FR Doc. 2018–25544 Filed 11–21–18; 8:45 am]
                                                                                                   bridge in the closed position may do so               available in the docket, go to http://
                                           BILLING CODE 9110–04–P
                                                                                                   at anytime. The bridge will not be able               www.regulations.gov, type USCG–2018–
                                                                                                   to open for emergencies. The                          1030 in the ‘‘SEARCH’’ box and click
                                           DEPARTMENT OF HOMELAND                                  Sacramento River and San Joaquin River                ‘‘SEARCH.’’ Click on Open Docket
                                           SECURITY                                                can be used as alternate routes for                   Folder on the line associated with this
                                                                                                   vessels unable to pass through the                    rule.
                                           Coast Guard                                             bridge in the closed position. The Coast
                                                                                                                                                         FOR FURTHER INFORMATION CONTACT: If
                                                                                                   Guard will also inform the users of the
                                                                                                                                                         you have questions on this rule, call or
                                           33 CFR Part 117                                         waterway through our Local and                        email Petty Officer Nicholas Jones,
                                                                                                   Broadcast Notices to Mariners of the                  Marine Safety Detachment Nashville,
                                           [Docket No. USCG–2018–1010]                             change in operating schedule for the                  U.S. Coast Guard; telephone 615–736–
                                                                                                   bridge so that vessel operators can                   5421, email MSDNashville@uscg.mil.
                                           Drawbridge Operation Regulation;
                                                                                                   arrange their transits to minimize any
                                           Three Mile Slough, Rio Vista, CA                                                                              SUPPLEMENTARY INFORMATION:
                                                                                                   impact caused by the temporary
                                           AGENCY: Coast Guard, DHS.                               deviation.                                            I. Table of Abbreviations
                                           ACTION:Notice of deviation from                            In accordance with 33 CFR 117.35(e),               CFR Code of Federal Regulations
                                           drawbridge regulation.                                  the drawbridge must return to its regular             COTP Captain of the Port Sector Ohio
                                                                                                   operating schedule immediately at the                   Valley
                                           SUMMARY:   The Coast Guard has issued a                 end of the effective period of this                   DHS Department of Homeland Security
                                           temporary deviation from the operating                  temporary deviation. This deviation                   FR Federal Register
                                           schedule that governs the California                    from the operating regulations is                     NPRM Notice of proposed rulemaking
                                           Route 160 Drawbridge across Three Mile                  authorized under 33 CFR 117.35.                       § Section
                                           Slough, mile 0.1, near Rio Vista, CA.                                                                         U.S.C. United States Code
                                                                                                     Dated: November 15, 2018.
                                           The deviation is necessary to conduct                                                                         II. Background Information and
                                           preventative maintenance. This                          Carl T. Hausner,
                                                                                                   District Bridge Chief, Eleventh Coast Guard
                                                                                                                                                         Regulatory History
                                           deviation allows the bridge to remain in
                                           the closed-to-navigation position.                      District.                                                The Coast Guard is issuing this
                                                                                                   [FR Doc. 2018–25455 Filed 11–21–18; 8:45 am]          temporary rule without prior notice and
                                           DATES: This deviation is effective from
                                                                                                   BILLING CODE 9110–04–P                                opportunity to comment pursuant to
                                           7 a.m. on November 26, 2018, through                                                                          authority under section 4(a) of the
                                           4 p.m. on November 27, 2018.                                                                                  Administrative Procedure Act (5 U.S.C.
                                           ADDRESSES: The docket for this                          DEPARTMENT OF HOMELAND                                553(b)). This provision authorizes an
                                           deviation, USCG–2018–1010, is                           SECURITY                                              agency to issue a rule without prior
                                           available at http://www.regulations.gov.                                                                      notice and opportunity to comment
                                           Type the docket number in the                           Coast Guard                                           when the agency for good cause finds
                                           ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                                                                          that those procedures are
                                           Click on Open Docket Folder on the line                 33 CFR Part 165                                       ‘‘impracticable, unnecessary, or contrary
                                           associated with this deviation.                                                                               to the public interest.’’ Under 5 U.S.C.
                                                                                                   [Docket Number USCG–2018–1030]
                                           FOR FURTHER INFORMATION CONTACT: If                                                                           553(b)(3)(B), the Coast Guard finds that
                                           you have questions on this temporary                    RIN 1625–AA00                                         good cause exists for not publishing a
                                           deviation, call or email Carl T. Hausner,                                                                     notice of proposed rulemaking (NPRM)
                                           Chief, Bridge Section, Eleventh Coast                   Safety Zones; Pipeline Construction,                  with respect to this rule because it is
                                           Guard District; telephone 510–437–                      Tennessee River Miles 465 to 466,                     impracticable. We must establish this
                                           3516, email Carl.T.Hausner@uscg.mil.                    Chattanooga, TN                                       safety zone by November 19, 2018, and
                                           SUPPLEMENTARY INFORMATION: The                          AGENCY:    Coast Guard, DHS.                          lack sufficient time to provide a
                                           California Department of Transportation                 ACTION:   Temporary final rule.                       reasonable comment period and then
                                           has requested a temporary change to the                                                                       consider those comments before issuing
                                           operation of the California Route 160                   SUMMARY:   The Coast Guard is                         the rule. On November 1, 2018,
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                                           Drawbridge over Three Mile Slough,                      establishing a temporary safety zone for              Reynolds Construction, LLC notified
                                           mile 0.1, near Rio Vista, CA The                        all navigable waters of the Tennessee                 Marine Safety Detachment Nashville
                                           drawbridge navigation span provides a                   River from mile marker (MM) 465 to                    that their underwater pipeline
                                           vertical clearance of 12 feet above Mean                MM 466. This safety zone is necessary                 construction operations at mile marker
                                           High Water in the closed-to-navigation                  to protect persons, property, and the                 465.2 of the Tennessee River would be
                                           position. The draw opens on signal as                   marine environment from potential                     ready to commence on November 19,


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                                                            Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations                                        59313

                                           2018. Reynolds Construction estimates                   Broadcast Notices to Mariners (BNMs),                 would affect your small business,
                                           that the work will take 10 weeks,                       Local Notices to Mariners (LNMs), and/                organization, or governmental
                                           excluding November 22–25, December                      or Marine Safety Information Bulletins                jurisdiction and you have questions
                                           8–9, December 22–25, and December                       (MSIBs), as appropriate.                              concerning its provisions or options for
                                           29–January 1.                                                                                                 compliance, please contact the person
                                              Under 5 U.S.C. 553(d)(3), the Coast                  V. Regulatory Analyses
                                                                                                                                                         listed in the FOR FURTHER INFORMATION
                                           Guard finds that good cause exists for                    We developed this rule after                        CONTACT section.
                                           making it effective less than 30 days                   considering numerous statutes and                        Small businesses may send comments
                                           after publication in the Federal                        Executive orders related to rulemaking.               on the actions of Federal employees
                                           Register. Delaying the effective date of                Below we summarize our analyses                       who enforce, or otherwise determine
                                           this rule would be contrary to the public               based on a number of these statutes and               compliance with, Federal regulations to
                                           interest because immediate action is                    Executive orders, and we discuss First                the Small Business and Agriculture
                                           needed to respond to potential safety                   Amendment rights of protestors.                       Regulatory Enforcement Ombudsman
                                           hazards associated with the underwater                                                                        and the Regional Small Business
                                                                                                   A. Regulatory Planning and Review
                                           pipeline construction.                                                                                        Regulatory Fairness Boards. The
                                                                                                      Executive Orders 12866 and 13563                   Ombudsman evaluates these actions
                                           III. Legal Authority and Need for Rule                  direct agencies to assess the costs and               annually and rates each agency’s
                                              The Coast Guard is issuing this rule                 benefits of available regulatory                      responsiveness to small business. If you
                                           under authority in 33 U.S.C. 1231. The                  alternatives and, if regulation is                    wish to comment on actions by
                                           Captain of the Port Sector Ohio Valley                  necessary, to select regulatory                       employees of the Coast Guard, call 1–
                                           (COTP) has determined that potential                    approaches that maximize net benefits.                888–REG–FAIR (1–888–734–3247). The
                                           hazards associated with the underwater                  Executive Order 13771 directs agencies                Coast Guard will not retaliate against
                                           blasting and pipeline construction will                 to control regulatory costs through a                 small entities that question or complain
                                           be a safety concern for anyone on a one-                budgeting process. This rule has not                  about this rule or any policy or action
                                           mile stretch of the Tennessee River.                    been designated a ‘‘significant                       of the Coast Guard.
                                           This rule is necessary to protect                       regulatory action,’’ under Executive
                                           persons, vessels, and the marine                        Order 12866. Accordingly, it has not                  C. Collection of Information
                                           environment during the construction                     been reviewed by the Office of                          This rule will not call for a new
                                           operations.                                             Management and Budget, and pursuant                   collection of information under the
                                           IV. Discussion of the Rule                              to OMB guidance it is exempt from the                 Paperwork Reduction Act of 1995 (44
                                                                                                   requirements of Executive Order 13771.                U.S.C. 3501–3520).
                                              This rule establishes a temporary                       This regulatory action determination
                                           safety zone from mile marker (MM) 465                   is based on the size, location, duration,             D. Federalism and Indian Tribal
                                           to MM 466 on the Tennessee River in                     and time-of-day of the safety zone. This              Governments
                                           Chattanooga, TN from 6:30 a.m. on                       safety zone prohibits transit on a one-                  A rule has implications for federalism
                                           November 19, 2018, through 7:30 p.m.                    mile stretch of the Tennessee River for               under Executive Order 13132,
                                           on January 25, 2019. The safety zone                    about 13 hours, on workdays only,                     Federalism, if it has a substantial direct
                                           will be enforced from 6:30 a.m. through                 during a ten-week period. The rule also               effect on the States, on the relationship
                                           7:30 p.m. each day, excluding                           allows vessels to seek permission to                  between the national government and
                                           November 22–25, December 8–9,                           enter the zone.                                       the States, or on the distribution of
                                           December 22–25, and December 29–                                                                              power and responsibilities among the
                                           January 1. A safety vessel will                         B. Impact on Small Entities                           various levels of government. We have
                                           coordinate all vessel traffic during the                   The Regulatory Flexibility Act of                  analyzed this rule under that Order and
                                           enforcement periods. The COTP may                       1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                           terminate enforcement of this rule if the               requires Federal agencies to consider                 with the fundamental federalism
                                           work is finished earlier. The duration of               the potential impact of regulations on                principles and preemption requirements
                                           the safety zone is intended to protect                  small entities during rulemaking. The                 described in Executive Order 13132.
                                           persons, vessels, and the marine                        term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                           environment during the construction                     businesses, not-for-profit organizations              implications under Executive Order
                                           operations.                                             that are independently owned and                      13175, Consultation and Coordination
                                              No vessel or person is permitted to                  operated and are not dominant in their                with Indian Tribal Governments,
                                           enter the safety zone without obtaining                 fields, and governmental jurisdictions                because it does not have a substantial
                                           permission from the COTP or a                           with populations of less than 50,000.                 direct effect on one or more Indian
                                           designated representative. A designated                 The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                           representative is a commissioned,                       605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                           warrant, or petty officer of the U.S.                   significant economic impact on a                      or on the distribution of power and
                                           Coast Guard assigned to units under the                 substantial number of small entities.                 responsibilities between the Federal
                                           operational control of Sector Ohio                         While some owners or operators of                  Government and Indian tribes. If you
                                           Valley, U.S. Coast Guard. They may be                   vessels intending to transit the                      believe this rule has implications for
                                           contacted on VHF Channel 13 or 16, or                   temporary safety zone may be small                    federalism or Indian tribes, please
                                           at 1–800–253–7465. All persons and                      entities, for the reasons stated in section           contact the person listed in the FOR
                                           vessels permitted to enter this safety                  V.A above, this rule will not have a                  FURTHER INFORMATION CONTACT section
                                           zone must transit at their slowest safe                 significant economic impact on any
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                                                                                                                                                         above.
                                           speed and comply with all directions                    vessel owner or operator.
                                           issued by the COTP or the designated                       Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                           representative. The COTP or a                           Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                           designated representative will inform                   Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                           the public of the enforcement times and                 we want to assist small entities in                   Federal agencies to assess the effects of
                                           dates for this safety zone through                      understanding this rule. If the rule                  their discretionary regulatory actions. In


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                                           59314            Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations

                                           particular, the Act addresses actions                   § 165.35T08–1030 Safety Zone; Pipeline                DEPARTMENT OF HOMELAND
                                           that may result in the expenditure by a                 Construction, Tennessee River, Miles 465 to           SECURITY
                                           State, local, or tribal government, in the              466, Chattanooga, TN.
                                           aggregate, or by the private sector of                     (a) Location. The following area is a              Coast Guard
                                           $100,000,000 (adjusted for inflation) or                safety zone: All navigable waters of the
                                           more in any one year. Though this rule                  Tennessee River from mile marker (MM)                 33 CFR Part 165
                                           will not result in such an expenditure,                 465.0 to MM 466.0, Chattanooga, TN.
                                           we do discuss the effects of this rule                                                                        [Docket No. USCG- 2018–1022]
                                           elsewhere in this preamble.                                (b) Effective period. This section is
                                                                                                   effective without actual notice from                  Safety Zone; Lower Mississippi River,
                                           F. Environment                                          November 23, 2018 through 7:30 p.m.                   Mile Markers 94 to 95 Above Head of
                                             We have analyzed this rule under                      on January 25, 2019. For the purposes                 Passes, New Orleans, LA
                                           Department of Homeland Security                         of enforcement, actual notice will be
                                           Directive 023–01 and Commandant                         used from November 19, 2018 through                   AGENCY:   Coast Guard, DHS.
                                           Instruction M16475.1D, which guide the                  November 23, 2018.                                    ACTION: Notice of enforcement of
                                           Coast Guard in complying with the                          (c) Enforcement periods. This section              regulation.
                                           National Environmental Policy Act of                    will be enforced each day during the
                                           1969 (42 U.S.C. 4321–4370f), and have                   effective period from 6:30 a.m. through               SUMMARY:    The Coast Guard will enforce
                                           determined that this action is one of a                 7:30 p.m., excluding November 22–25,                  a safety zone for a fireworks display
                                           category of actions that do not                         December 8–9, December 22–25, and                     located between mile marker (MM) 94
                                           individually or cumulatively have a                     December 29–January 1. The Captain of                 and (MM) 95, above Head of Passes.
                                           significant effect on the human                         the Port Sector Ohio Valley (COTP) may                This action is needed to provide for the
                                           environment. This rule prohibits transit                terminate enforcement of this section if              safety of life on navigable waterways
                                           on a one-mile stretch of the Tennessee                  the work is finished earlier.                         during this event.
                                           River for about 13 hours on workdays
                                           only during a ten-week period. It is                       (d) Regulations. (1) In accordance                 DATES: The regulations in 33 CFR
                                           categorically excluded from further                     with the general regulations in § 165.23              165.845 will be enforced from 8:15 p.m.
                                           review under paragraph L60(a) of                        of this part, entry into this area is                 through 9:15 p.m. on December 29,
                                           Appendix A, Table 1 of DHS Instruction                  prohibited unless authorized by the                   2018.
                                           Manual 023–01–001–01, Rev. 01. A                        COTP or a designated representative. A
                                                                                                   designated representative is a                        FOR FURTHER INFORMATION CONTACT:   If
                                           Record of Environmental Consideration                                                                         you have questions about this notice of
                                           supporting this determination is                        commissioned, warrant, or petty officer
                                                                                                                                                         enforcement, call or email Lieutenant
                                           available in the docket where indicated                 of the U.S. Coast Guard assigned to
                                                                                                                                                         Commander Benjamin Morgan, Sector
                                           under ADDRESSES.                                        units under the operational control of
                                                                                                                                                         New Orleans, U.S. Coast Guard;
                                                                                                   Sector Ohio Valley, U.S. Coast Guard.                 telephone 504–365–2281, email
                                           G. Protest Activities
                                                                                                      (2) Persons or vessels requiring entry             Benjamin.P.Morgan@uscg.mil.
                                             The Coast Guard respects the First                    into or passage through the area must
                                           Amendment rights of protesters.                                                                               SUPPLEMENTARY INFORMATION:       The Coast
                                                                                                   request permission from the COTP or a
                                           Protesters are asked to contact the                                                                           Guard will enforce the safety zone
                                                                                                   designated representative. U.S. Coast
                                           person listed in the FOR FURTHER                                                                              located in 33 CFR 165.845 for the
                                                                                                   Guard Sector Ohio Valley may be                       fireworks display from 8:15 p.m.
                                           INFORMATION CONTACT section to                          contacted on VHF Channel 13 or 16, or
                                           coordinate protest activities so that your                                                                    through 9:15 p.m. on December 29,
                                                                                                   at 1–800–253–7465.                                    2018. This action is being taken to
                                           message can be received without
                                           jeopardizing the safety or security of                     (3) A designated safety vessel will                provide for the safety of life on
                                           people, places, or vessels.                             coordinate all vessel traffic during the              navigable waterways during this event.
                                                                                                   enforcement of this safety zone. All                  Our regulation for marine events within
                                           List of Subjects in 33 CFR Part 165                     persons and vessels permitted to enter                the Eighth Coast Guard District,
                                                                                                   this safety zone must transit at their                § 165.845, specifies the location of the
                                             Harbors, Marine safety, Navigation                                                                          regulated area between mile markers 94
                                                                                                   slowest safe speed and comply with all
                                           (water), Reporting and recordkeeping                                                                          and 95 above Head of Passes on the
                                                                                                   directions issued by the COTP or the
                                           requirements, Security measures,                                                                              Lower Mississippi River. If you are the
                                           Waterways.                                              designated representative.
                                                                                                                                                         operator of a vessel in the regulated area
                                                                                                      (e) Information broadcasts. The COTP               you must comply with directions from
                                             For the reasons discussed in the                      or a designated representative will
                                           preamble, the U.S. Coast Guard amends                                                                         the Patrol Commander or any Official
                                                                                                   inform the public of the enforcement                  Patrol displaying a Coast Guard ensign.
                                           33 CFR part 165 as follows:
                                                                                                   times and dates for this safety zone
                                                                                                   through Broadcast Notices to Mariners                    In addition to this notice of
                                           PART 165—REGULATED NAVIGATION                                                                                 enforcement in the Federal Register, the
                                           AREAS AND LIMITED ACCESS AREAS                          (BNMs), Local Notices to Mariners
                                                                                                                                                         Coast Guard plans to provide
                                                                                                   (LNMs), and/or Marine Safety
                                                                                                                                                         notification of this enforcement period
                                           ■ 1. The authority citation for part 165                Information Bulletins (MSIBs), as
                                                                                                                                                         via the local notice to mariners and
                                           continues to read as follows:                           appropriate.                                          marine information broadcasts.
amozie on DSK3GDR082PROD with RULES




                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;               Dated: November 19, 2018.                             Dated: November 16, 2018.
                                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               M.B. Zamperini,                                       K.M. Luttrell,
                                           Department of Homeland Security Delegation              Captain, U.S. Coast Guard, Captain of the             Captain, U.S. Coast Guard, Captain of the
                                           No. 0170.2.                                             Port Sector Ohio Valley.                              Port Sector New Orleans.
                                           ■ 2. Add § 165.35T08–1030 to read as                    [FR Doc. 2018–25536 Filed 11–21–18; 8:45 am]          [FR Doc. 2018–25434 Filed 11–21–18; 8:45 am]
                                           follows:                                                BILLING CODE 9110–04–P                                BILLING CODE 9110–04–P




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Document Created: 2018-11-27 12:59:11
Document Modified: 2018-11-27 12:59:11
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 without actual notice from November 23, 2018 through 7:30 p.m. on January 25, 2019. For the purposes of enforcement, actual notice will be used from November 19, 2018, through November 23, 2018.
ContactIf you have questions on this rule, call or email Petty Officer Nicholas Jones, Marine Safety Detachment Nashville, U.S. Coast Guard; telephone 615-736-5421, email [email protected]
FR Citation83 FR 59312 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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