
[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Rules and Regulations]
[Pages 42938-42940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19400]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0703]
RIN 1625-AA08


Special Local Regulation; Tennessee River, Huntsville, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for 
all navigable waters of the Tennessee River from mile marker (MM) 333.2 
to MM 337.0. This action is necessary to provide for the safety of life 
on these navigable waters near Huntsville, AL during the Swim Hobbs 
Island event. Entry of persons or vessels into this regulated area is 
prohibited unless authorized by the Captain of the Port Sector Ohio 
Valley (COTP) or a designated representative.

DATES: This rule is effective from 7 a.m. through 2 p.m. on September 
17, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0703 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 notice 
of enforcement, call Petty Officer Jonathan Braddy, Marine Safety 
Detachment Nashville, U.S. Coast Guard; telephone 615-736-5421, email 
MSDNashville@uscg.mil.

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 (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. We must 
establish this special local regulation by September 17, 2017 and lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    We are issuing this rule, and 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. This rule is necessary 
for the safety of life during the Swim Hobbs Island on these navigable 
waters. Delaying the effective date of this rule would be impracticable 
and contrary to the public interest because immediate action is needed 
to protect the persons and property from the dangers associated with 
the race.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Sector Ohio Valley (COTP) has determined 
that potential hazards associated with the race from 7 a.m. through 2 
p.m. on September 17, 2017 will present a safety concern for anyone on 
the navigable waters on the Tennessee River extending from mile

[[Page 42939]]

marker (MM) 333.2 to MM 337.0. The purpose of this rulemaking is to 
ensure the safety of life and vessels on the navigable waters before, 
during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 7 a.m. 
through 2 p.m. on September 17, 2017 for all navigable waters from MM 
333.2 to MM 337.0 on the Tennessee River in the vicinity of Huntsville, 
AL. The duration of the regulated area is intended to ensure the safety 
of vessels and these navigable waters before, during, and after the 
scheduled event. No vessel or person will be permitted to enter the 
regulated area without obtaining permission from the COTP or a 
designated representative.

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 regulated area. Vessel 
traffic will be able to safely navigate through the affected area 
before and after the scheduled event. Moreover, the Coast Guard will 
issue Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the regulated area and the rule allows vessels to seek permission to 
enter the 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 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 
regulated area 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.

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 will not result in 
such 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 temporary special local regulation lasting seven hours 
that will prohibit entry on all navigable waters of the Tennessee 
River, from MM 333.2 to MM 337.0. It is categorically excluded from 
further review under paragraph 35(a) of Figure 2-1 of the Commandant 
Instruction and a Record of Environmental Consideration was not 
necessary.

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.

[[Page 42940]]

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.


0
2. Add temporary Sec.  100.35T08-0703 to read as follows:


Sec.  100.35T08-0703  Special Local Regulation; Tennessee River, 
Huntsville, AL.

    (a) Location. All navigable waters of the Tennessee River between 
mile marker (MM) 333.2 and MM 337.0, Huntsville, AL.
    b) Periods of enforcement. This rule will be enforced from 7 a.m. 
through 2 p.m. on September 17, 2017.
    (c) 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 Sector Ohio Valley (COTP) or a 
designated representative.
    (2) Persons or vessels desiring 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 by telephone at 1-800-253-7465.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the special local regulation, as 
well as any changes in the dates and times of enforcement.

    Dated: September 8, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port, Sector Ohio Valley.
[FR Doc. 2017-19400 Filed 9-12-17; 8:45 am]
 BILLING CODE 9110-04-P


