Proposed Rule2021-19104
Special Local Regulation; Tennessee River, Mile Markers 462.7-465.5, Chattanooga, TN
Primary source
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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 on the Tennessee River from mile 462.7 to mile 465.5. The special local regulation is needed to protect life and the marine environment from potential hazards created by the Chattajack rowing event. Entry of vessels or persons into this zone is prohibited unless specifically 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 49943-49945]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19104]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0679]
RIN 1625-AA08
Special Local Regulation; Tennessee River, Mile Markers 462.7-
465.5, Chattanooga, TN
AGENCY: Coast Guard, Department of Homeland Security (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 on the Tennessee River from mile
462.7 to mile 465.5. The special local regulation is needed to protect
life and the marine environment from potential hazards created by the
Chattajack rowing event. Entry of vessels or persons into this zone is
prohibited unless specifically 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-
2021-0679 using the Federal eRulemaking 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 First Class Nicholas
Jones and Marine Safety Detachment Nashville, U.S. Coast Guard;
telephone 615-736-5421, email <a href="/cdn-cgi/l/email-protection#fcb2959f9493909d8fd2b6d2b69392998fbc898f9f9bd2919590"><span class="__cf_email__" data-cfemail="e9a7808a818685889ac7a3c7a386878c9aa99c9a8a8ec7848085">[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
The Coast Guard was notified by Chattajack LLC of a proposed rowing
event on the Tennessee River. The event would take place on October 23,
2021 from 7 a.m. to 4 p.m. However, the requested river closure was for
the first 2 hours of the race, from 7 a.m. to 9 a.m.. The COTP has
determined that there is a need to protect the participants of the
rowing event due to the high concentration of rowers at the start of
the event between MM 462.7 and MM 465.5 on the Tennessee River. The
Coast Guard is issuing this rule under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP has determined that there is a
need to provide additional safety measures for the participants in the
Chattajack rowing event, and a temporary special local regulation is
needed. This propsed rule is needed to protect life and the marine
environment in the navigable waters within the temporary special local
regulation during the first two hours of the event.
The purpose of this proposed rulemaking is to ensure the safety of
the participants in the Chattjack event within a 2.8 mile span of the
river where there will be a high concentration of rowers.. The Coast
Guard is proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
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 the effective date of
this rule would be contrary to the public interest as the temporary
special local regulation has to be established by October 23, 2021 to
provide for the safety of life on these navigable waters
III. Discussion of Proposed Rule
This proposed rule would establish a special local regulation from
7 a.m. until 9 a.m. on October 23, 2021. The proposed temporary special
local regulation would cover all navigable waters of the Tennessee
River between miles 462.7 to 465.5. The duration of the regulated area
is intended to protect the rowers in the Chattajack event during the
period where there will be a high concentration of rowers. No vessel or
person would be permitted to enter the special local regulation without
obtaining permission from the COTP or a designated representative.
Persons or vessels seeking to enter the special local regulation must
request permission from the COTP or a designated representative on VHF-
FM radio channel 16 or phone at 1-800-253-7465. If permission is
granted, all persons and vessels shall comply with the instructions of
the COTP or designated representative. The COTP or a designated
representative will inform the public of the enforcement times and date
for this special local regulation through
[[Page 49944]]
Broadcast Notices to Mariners, Local Notices to Mariners, and/or Safety
Marine Information Broadcasts as appropriate.
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 special local regulation.
The proppsed special local regulation would last for only two hours,
after which time vessels will be able to transit freely. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the area, and the rule would allow 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
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
special local regulation 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 30 minutes that would prohibit entry within
2.8 miles 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. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. If your material cannot be
submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person
in the FOR FURTHER INFORMATION
[[Page 49945]]
CONTACT section of this document for alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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.T08-0679 to read as follows:
Sec. 100.T08-0679 Tennessee River MM 462.7 to 465.5
(a) Regulated area. The regulations in this section apply to the
following area: Tennessee River MM 462.7 to 465.5 extending the entire
width of 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 phone 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 local notice to
mariners.
(c) Enforcement period. This section will be enforced from 7 a.m.
to 9 a.m. on October 23, 2021.
Dated: August 27, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-19104 Filed 9-3-21; 8:45 am]
BILLING CODE 9110-04-P
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