Proposed Rule2021-19103
Special Local Regulation; Tennessee River, Chattanooga, TN
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 7, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary special local regulation for navigable waters of the Tennessee River from mile 452.0 to 454.5. This action is necessary to provide for the safety of life on these navigable waters near Chattanooga, TN, during a swimming event on October 9, 2021. This proposed rulemaking would prohibit persons and vessels from being in the special local regulation unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 86 Issue 170 (Tuesday, September 7, 2021)</title>
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[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Proposed Rules]
[Pages 49941-49943]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19103]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0678]
RIN 1625-AA08
Special Local Regulation; Tennessee River, Chattanooga, TN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation for navigable waters of the Tennessee River from mile
452.0 to 454.5. This action is necessary to provide for the safety of
life on these navigable waters near Chattanooga, TN, during a swimming
event on October 9, 2021. This proposed rulemaking would prohibit
persons and vessels from being in the special local regulation unless
authorized by the Captain of the Port Sector Ohio Valley or a
designated representative. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 22, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0678 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Third Class Joshua
Rehl, Marine Safety Detachment Nashville, U.S. Coast Guard; telephone
615-736-5421, email <a href="/cdn-cgi/l/email-protection#571d38243f2236791a7905323f3b1722243430793a3e3b"><span class="__cf_email__" data-cfemail="fdb7928e95889cd3b0d3af989591bd888e9e9ad3909491">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On October 9, 2021, the Chattanooga Open Water Swimmers notified
the Coast Guard that it will be conducting the Swim the Suck from 9:30
a.m. to 11:30 a.m. on October 9, 2021. The swimmers will start at Suck
Creek Boat Ramp and cross the river immediately and continue to swim
downriver for 10 miles ending at TN River Gardens in Chattanooga, TN.
The COTP has determined that potential hazards associated with the Swim
the Suck swimming event will be a safety concern, and a temporary
special local regulation is needed. This proposed rule is needed to the
swimmerst in the navigable waters within the temporary special local
regulation during the Swim the Suck event.
The purpose of this proposed rulemaking is to ensure the safety of
life and the navigable waters within a 2.5 mile span of the river where
the swimmers will be during the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
The Coast Guard is issuing this notice of proposed rulemaking
(NPRM) with a 15-day prior notice and opportunity to comment pursuant
to section (b)(3) of the Administrative Procedure Act (APA) (5 U.S.C.
553). This provision authorizes an agency to publish a rule in less
than 30 days before its effective date for ``good cause found and
published with the rule.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard
finds that good cause exists for publishing this NPRM with a 15-day
comment period because it is impracticable to provide a 30-day comment
period because we must establish this safety zone by October 9, 2021. A
15-day comment period would allow the Coast Guard to provide for public
notice and comment, but also update the proposed regulation soon enough
that the length of the notice and comment period does not compromise
safety.
III. Discussion of Proposed Rule
The COTP is proposing to establish a special local regulation from
9:30 a.m. to 11:30 a.m. on October 9, 2021. The special local
regulation would cover all navigable waters within 2.5 miles of the
Swim the Suck event in the Tennessee River located between miles 452
and 454.5 in Chattanooga, TN. The duration of the zone is intended to
ensure the safety of the swimmers in these navigable waters before,
during, and after the scheduled 9:30 to 11:30 a.m. Swim the Suck event.
No vessel or person would be permitted to enter the special local
regulation without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The proposed
safety zone would last for 2 hours, after which time vessels will be
[[Page 49942]]
able to transit freely. 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 certifies under 5 U.S.C. 605(b) that this
proposed rule would 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 proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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 call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves a special
local regulation lasting 2 hours that would prohibit entry between
miles 452 to 454.5 of the Tennessee River. Normally such actions are
categorically excluded from further review under paragraph L[61] and
L[63a] of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2021-0678 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy
[[Page 49943]]
and submissions to the docket in response to this document, see DHS's
eRulemaking System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T08-0678 to read as follows:
Sec. 100.T08-0678 Chattanooga, TN. Tennessee River, mile marker 452
to mile marker 454.5.
(a) Regulated area. The regulations in this section apply to the
following area: All waters of the Tennessee River between mile 452 and
454.5 in the Tennessee River, extending from bank to bank within the
river.
(b) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port Sector Ohio Valley (COTP) or
their designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by Sector Ohio Valley command center at 502-779-5422.
Those in the regulated area must comply with all lawful orders or
directions given to them by the COTP or the designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(c) Enforcement period. This section will be enforced from 9:30
a.m. to 11:30 a.m. on October 9, 2021.
Dated: August 24, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-19103 Filed 9-3-21; 8:45 am]
BILLING CODE 9110-04-P
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