[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)]
[Rules and Regulations]
[Pages 8748-8750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04051]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1113]
RIN 1625-AA00


Safety Zone; Tennessee River, Miles 446.0 to 454.5

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for all 
navigable waters of the Tennessee River, beginning at mile marker 446.0 
and ending at mile marker 454.5 during periods of high water flow. This 
safety zone is necessary to provide safety for mariners transiting on 
the Tennessee River during periods of high water flow. Entry into this 
area will be prohibited unless specifically authorized by the Captain 
of the Port Ohio Valley or designated representative.

DATES: This rule is effective on March 5, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1113 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 Vera Max, MSD Nashville, Nashville, TN, at 
615-736-5421 or at [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 Captain of the Port Ohio Valley is establishing a safety zone 
for all navigable waters of the Tennessee River, from mile 446.0 to 
454.5 during periods of high water flow. This safety zone is necessary 
to provide safety for mariners transiting on the Tennessee River during 
periods of high water flow. There have been temporary final rules 
issued in the past establishing a safety zone on the Tennessee River 
beginning at mile marker 446.0 and ending at mile marker 454.5 when 
flow rates reached or exceeded 100,000 cubic feet per second at 
Chickamauga lock and dam. Examples of these previous temporary final 
rules were published under docket numbers USCG-2013-0025 and USCG-2011-
1148. This rulemaking is also necessary to more efficiently effect 
necessary safety measures during emergent high water events in the 
future by reducing administrative burden and the amount of paperwork 
required for multiple individual rulemakings. The Tennessee River 
beginning at mile marker 446.0 and ending at 454.5 poses a navigational 
hazard during periods of high water flow. A high water flow 
determination for this area is established when flow rates reach or 
exceed 100,000 cubic feet per second at Chickamauga lock and dam on the 
Tennessee River at mile marker 471.0. The Captain of the Port Sector 
Ohio Valley (COTP) has determined that additional safety measures are 
necessary

[[Page 8749]]

to protect all mariners during periods of high water flow. On January 
13, 2017, the Coast Guard published a notice of proposed rulemaking 
(NPRM) titled Safety zone; Tennessee River, Mile 446.0 to 454.5 (82 FR 
4229). There we stated why we issued the NPRM, and invited comments on 
our proposed regulatory action related high water flow. During the 
comment period that ended January 30, 2017, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards are associated 
with the Tennessee River beginning at mile marker 446.0 and ending at 
454.5 posing a navigational hazard during periods of high water flow.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
January 13, 2017. The regulatory text of this rule was changed from the 
proposed rule in the NPRM to provide a certain effective date.
    The COTP is establishing a safety zone for all navigable waters of 
the Tennessee River beginning at mile marker 446.0 and ending at mile 
marker 454.5. Vessels or persons will not be able to enter into, depart 
from, or move within this area without permission from the COTP or 
designated representative. Persons or vessels requiring entry into or 
passage through the safety zone will be required to request permission 
from the COTP, or designated representative. They can be contacted on 
VHF-FM Channel 13, 16, or through Coast Guard Sector Ohio Valley at 1-
800-253-7465. This rule is effective during periods of high water flow 
when flow rates reach or exceed 100,000 cubic feet per second at 
Chickamauga lock and dam. The COTP will inform the public through 
broadcast notices to mariners during periods of high water flow when 
the safety zone is established as well as when flow rates fall below 
100,000 cubic feet per second and the safety zone is no longer in 
effect.

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, this rule has not been reviewed by the Office of 
Management and Budget (OMB), 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. Vessel traffic 
will only be impacted during times of high water which pose dangerous 
navigational hazards when flow rates exceed 100,000 cubic feet per 
second at Chickamauga lock and dam. Moreover, the Coast Guard would 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the zone, and the rule would allow 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 received no comments from the Small Business 
Administration on this rulemaking. 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 
safety zone may be small entities, for the reasons stated in section 
IV.A above this rule would 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.

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 rule

[[Page 8750]]

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 
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 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 involves a safety zone that will prohibit entry within the 
regulated area. It is categorically excluded from further review under 
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are 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

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

    For the reasons discussed in the preamble, the 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. 
0170.1.


0
2. Add Sec.  165.844 to read as follows:


Sec.  165.844   Safety Zone; Tennessee River, Miles 446.0 to 454.5, 
Chattanooga, TN.

    (a) Location. All navigable waters of the Tennessee River beginning 
at mile marker 446.0 and ending at mile marker 454.5 at Chattanooga, 
TN.
    (b) Effective date. This section is effective on March 5, 2018.
    (c) Periods of enforcement. This section will be enforced whenever 
flow rates reach or exceed 100,000 cubic feet per second at Chickamauga 
lock and dam on the Tennessee River at mile marker 471.0. The Captain 
of the Port Sector Ohio Valley (COTP) or a designated representative 
will inform the public through broadcast notice to mariners of the 
enforcement period for the safety zone.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the COTP or a designated representative.
    (2) Persons or vessels desiring entry into or passage through the 
zone 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) All persons and vessels shall comply with the instructions of 
the COTP 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: February 21, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-04051 Filed 2-28-18; 8:45 am]
 BILLING CODE 9110-04-P


