[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Rules and Regulations]
[Pages 51338-51340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22160]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0937]
RIN 1625-AA00


Safety Zone; Transmission Line Survey, Tennessee River Mile 
Marker 300 to 302, Decatur, AL

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 300 to 
mile marker 302. This safety zone is necessary to protect persons, 
property, and the marine environment from potential hazards associated 
with the underwater survey of several transmission lines. 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 from 8 a.m. on October 10, 2018 through 6 
p.m. on October 17, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0937 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

    On September 25, 2018, Triton Diving Services notified Marine 
Safety Detachment Nashville that their underwater transmission line 
survey at mile marker 301 of the Tennessee River would be ready to 
commence on October 10, 2018. Triton Diving Services estimates that the 
work will take one week, and will conclude no later than October 17, 
2018.
    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)(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 October 10, 2018, and lack sufficient 
time to provide a reasonable comment period and then

[[Page 51339]]

consider those comments before issuing the rule. The NPRM process would 
delay the establishment of the safety zone until after the underwater 
transmission line survey and compromise public safety.
    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 public interest because immediate action is needed to 
respond to potential safety hazards associated with the underwater 
transmission line survey.

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 transmission line 
survey will be a safety concern for anyone on a two-mile stretch of the 
Tennessee River. This rule is necessary to protect persons, vessels, 
and the marine environment during the transmission line operations.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8 a.m. on 
October 10, 2018 through 6 p.m. on October 17, 2018, or until the 
underwater transmission line survey work is finished, whichever occurs 
earlier. The safety zone covers all navigable waters from mile marker 
300 to mile marker 302 on the Tennessee River in Decatur, AL. The 
safety zone will be enforced for two periods on each day of the 
effective period, in the morning from 8 a.m. through noon, and in the 
afternoon from 1 p.m. through 6 p.m. A safety vessel will coordinate 
all vessel traffic during the enforcement periods. The duration of the 
safety zone is intended to protect persons, vessels, and the marine 
environment during the transmission line 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, and duration, of the temporary safety zone. This safety zone 
prohibits transit on a two-mile stretch of the Tennessee River for 
about 9 hours on each day of the 7 day period. Breaks in the work will 
allow for vessels to pass through the safety zone between the morning 
and afternoon enforcement periods, and a safety vessel will be on-scene 
to help waterway users coordinate their transits. Moreover, the Coast 
Guard will issue BNMs via VHF-FM marine channel 16 about the zone, and 
the rule 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

[[Page 51340]]

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 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 12 hours 
on weekdays only during a one-month 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 new Sec.  165.T08-0937 to read as follows:


Sec.  165.T08-0937  Safety Zone; Transmission Line Survey, Tennessee 
River, Miles 300 to 302, Decatur, AL.

    (a) Location. All navigable waters of the Tennessee River from mile 
marker 300.0 to mile marker 302.0, Decatur, AL.
    (b) Effective period. This section is effective from 8 a.m. on 
October 10, 2018 through 6 p.m. on October 17, 2018, or until the 
underwater transmission line survey work is finished, whichever occurs 
earlier.
    (c) Enforcement periods. This section will be enforced each day 
during the effective period from 8 a.m. through noon, and from 1 p.m. 
through 6 p.m. A safety vessel will coordinate all vessel traffic 
during the enforcement periods.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.801 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. 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 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: October 5, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-22160 Filed 10-10-18; 8:45 am]
 BILLING CODE 9110-04-P


