[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Rules and Regulations]
[Pages 11881-11883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05461]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0096]
RIN 1625-AA08


Special Local Regulation; Clinch River, Oak Ridge, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for all navigable waters of the Clinch River, extending the 
entire width of the river, from mile marker (MM) 49.5 to MM 52.0. This 
special local regulation is necessary to provide for the safety of life 
on these navigable waters near Oak Ridge, TN during the Cardinal 
Invitational Regatta marine event. Entry into, transiting through, or 
anchoring within this regulated area is prohibited unless authorized by 
the Captain of the Port Sector Ohio Valley (COTP) or a designated 
representative.

[[Page 11882]]


DATES: This rule is effective from 6 a.m. on March 16, 2018 through 5 
p.m. on March 18, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0096 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, 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
MM Mile marker
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 restricted area by March 16, 2018 and lack sufficient 
time to provide a reasonable comment period and then consider those 
comments before issuing this rule. The NPRM process would delay the 
establishment of the special local regulation until after the scheduled 
date of the marine event and jeopardize public safety.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying this rule would be 
impracticable and contrary to the public interest because immediate 
action is necessary to protect persons and property from the dangers 
associated with the marine event.

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 Oak Ridge Rowing Association 
Cardinal Invitational Regatta marine event, occurring from 6 a.m. 
through 5 p.m. each day from March 16, 2018 through March 18, 2018, 
will be a safety concern for all navigable waters on the Clinch River, 
extending the entire width of the river, from mile marker (MM) 49.5 to 
MM 52.0. The purpose of this rule is to ensure the safety of life and 
vessels on these navigable waters before, during, and after the 
scheduled event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 6 a.m. 
through 5 p.m. each day from March 16, 2018 through March 18, 2018 for 
all navigable waters of the Clinch River, extending the entire width of 
the river, from MM 49.5 to MM 52.0. Enforcement of the regulated area 
will occur from 6 a.m. to 5 p.m. daily. The duration of the special 
local regulation is intended to ensure the safety of life and vessels 
on these navigable waters before, during, and after the scheduled 
event. No vessel or person will be permitted to enter the special local 
regulated area 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 USCG Sector Ohio 
Valley. They may be contacted on VHF-FM Channel 16 or by telephone at 
1-800-253-7465. Persons and vessels permitted to enter this regulated 
area must transit at their slowest safe speed and comply with all 
lawful directions issued by the COTP or the 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 special local regulation. 
The Coast Guard will issue written Local Notice to Mariners and 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
temporary special local regulation.

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 
special local regulation, 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

[[Page 11883]]

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 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, which guides 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 the establishment of a special 
local regulation lasting eleven hours on three days extending a 
distance of less than three miles that will prohibit entry on all 
navigable waters of the Clinch River from MM 49.5 to MM 52.0. It is 
categorically excluded from further review under paragraph L63(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 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 Sec.  100.35T08-0096 to read as follows:


Sec.  100.35T08-0096  Special Local Regulation; Clinch River, Oak 
Ridge, TN.

    (a) Location. The following area is a temporary special local 
regulation: All navigable waters of the Clinch River, extending the 
entire width of the river, between mile marker (MM) 49.5 and MM 52.0, 
Oak Ridge, TN.
    (b) Effective period. This section is effective from 6 a.m. on 
March 16, 2018 through 5 p.m. on March 18, 2018.
    (c) Special local regulations.
    (1) Entry into this area is prohibited unless authorized by the 
Captain of the Port Sector Ohio Valley (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 USCG Sector Ohio Valley.
    (2) Persons or vessels seeking to enter the regulated area must 
request permission from the COTP or a designated representative on VHF-
FM channel 16 or by telephone at 1-800-253-7465.
    (3) Persons and vessels permitted to enter this regulated area must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through local notice to mariners 
and Broadcast Notices to Mariners of the enforcement period for the 
regulated area as well as any changes in the planned schedule.

    Dated: March 12, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-05461 Filed 3-16-18; 8:45 am]
 BILLING CODE 9110-04-P


