Special Local Regulation; Tennessee River, Mile 464.0 to 465.0, Chattanooga, TN, 35492-35494 [2014-14490]
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35492
Federal Register / Vol. 79, No. 120 / Monday, June 23, 2014 / Rules and Regulations
Executive Order 13132—Federalism
This rule would not have substantial
direct effects on the States, on the
relationship between the federal
government and the States, or on
distribution of power and
responsibilities among the various
levels of government. The PSOB
program provides benefits to
individuals and does not impose any
special or unique requirements on
States or localities. Therefore, in
accordance with Executive Order No.
13132, OJP has determined that this rule
does not have sufficient federalism
implications to warrant the preparation
of a Federalism Assessment.
Executive Order 12988—Civil Justice
Reform
This rule meets the applicable
standards set forth in sections 3(a) &
(b)(2) of Executive Order No. 12988.
Pursuant to section 3(b)(1)(I) of the
Executive Order, nothing in this rule or
any previous rule (or in any
administrative policy, directive, ruling,
notice, guideline, guidance, or writing)
directly relating to the program that is
the subject of this rule is intended to
create any legal or procedural rights
enforceable against the United States,
except as may be contained within part
32 of title 28 of the Code of Federal
Regulations.
Regulatory Flexibility Act
This rule would not have a significant
economic impact on a substantial
number of small entities for the
following reasons: this rule addresses
federal agency procedures; furthermore,
this rule would make amendments to
clarify existing regulations and agency
practice concerning public safety
officers’ death, disability, and education
benefits and would do nothing to
increase the financial burden on any
small entities. Therefore, an analysis of
the impact of this rule on such entities
is not required under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).
pmangrum on DSK3VPTVN1PROD with RULES
Paperwork Reduction Act of 1995
This rule would not impose any new
reporting or recordkeeping requirements
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
Unfunded Mandates Reform Act of 1995
This rule would not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. The PSOB program is a
federal benefits program that provides
benefits directly to qualifying
VerDate Mar<15>2010
14:40 Jun 20, 2014
Jkt 232001
individuals. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 28 CFR Part 32
33 CFR Part 100
Administrative practice and
procedure, Claims, Disability benefits,
Education, Emergency medical services,
Firefighters, Law enforcement officers,
Reporting and recordkeeping
requirements, Rescue squad.
Accordingly, for the reasons set forth
in the preamble, part 32 of chapter I of
Title 28 of the Code of Federal
Regulations is amended as follows:
PART 32—PUBLIC SAFETY OFFICERS’
DEATH, DISABILITY, AND
EDUCATIONAL ASSISTANCE
BENEFITS CLAIMS
1. The authority citation for 28 CFR
Part 32 continues to read as follows:
■
Authority: 42 U.S.C. ch. 46, subch. XII; 42
U.S.C. 3782(a), 3787, 3788, 3791(a),
3793(a)(4) & (b), 3795a, 3796c–1, 3796c–2;
sec. 1601, title XI, Pub. L. 90–351, 82 Stat.
239; secs. 4 through 6, Pub. L. 94–430, 90
Stat. 1348; secs. 1 and 2, Pub. L. 107–37, 115
Stat. 219.
2. Amend § 32.3 by revising the
definition of ‘‘Spouse’’ to read as
follows:
■
§ 32.3
Definitions.
*
*
*
*
*
Spouse means someone with whom
an individual entered into marriage
lawfully under the law of the
jurisdiction in which it was entered into
and from whom the individual is not
divorced, and includes a spouse living
apart from the individual, other than
pursuant to divorce, except that,
notwithstanding any other provision of
law, to determine whether an individual
is a spouse of a public safety officer
within the meaning of this definition
when more than one individual is
purported to be such a spouse, the
PSOB Program will apply the law of the
jurisdiction that it determines has the
most significant interest in the marital
status of the public safety officer:
(1) On the date of the officer’s death,
with respect to a claim under subpart B
of this part or by virtue of such death;
or
(2) As of the injury date, with respect
to a claim not under subpart B of this
part or by virtue of the officer’s death.
*
*
*
*
*
Dated: June 13, 2014.
Karol V. Mason,
Assistant Attorney General.
[FR Doc. 2014–14504 Filed 6–20–14; 8:45 am]
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Coast Guard
[USCG–2014–0323]
RIN 1625–AA08
Special Local Regulation; Tennessee
River, Mile 464.0 to 465.0,
Chattanooga, TN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for the waters of the
Tennessee River beginning at mile
marker 464.0 and ending at mile marker
465, extending bank to bank. This zone
is necessary to protect participants of
the ‘‘Chattanooga Waterfront Triathlon’’
during the swim portion of the event.
Entry into this area is prohibited unless
specifically authorized by the Captain of
the Port (COTP) Ohio Valley or
designated representative.
DATES: This rule is effective from 7:00
a.m. to 9:30 a.m. June 29, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0323]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Petty Officer Chad Phillips,
Marine Safety Detachment Nashville, at
(615) 736–5421 or email at
chad.e.phillips@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Acronyms
BNM Broadcast Notices to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
This event and special local
regulation is currently listed under 33
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CFR 100.801 Table 1 Sector Ohio Valley
No: 15. The event sponsor informed the
Coast Guard in April that the event will
be taking place on June 29, 2014 rather
than during the second week in July as
is currently listed in the CFR. Therefore,
the Coast Guard is issuing this
temporary final 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule. The swimming
portion of this event will take place on
the Tennessee River from mile marker
464.0 to mile marker 465.0. The details
of this event have not changed beyond
being scheduled on an earlier date and
still support a determination that a
special local regulation is necessary
during the event’s swimming portion.
Completing the full NPRM process is
contrary to the public interest as it
would delay the additional safety
measures necessary to protect
participants and event personnel from
the possible marine hazards present
during the swimming portion of this
event. The event has been advertised
and is planned on by the local
community. Delaying the special local
regulation would also unnecessarily
interfere with the planned event, with
the potential to affect contractual
obligations of the event sponsors.
For the same reasons, 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.
Providing a full 30 days’ notice and
delaying the effective date for this
special local regulation would be
impracticable because immediate action
is necessary to protect event
participants from the possible marine
hazards present during this swimming
event.
B. Basis and Purpose
The swim portion of the ‘‘Chattanooga
Waterfront Triathlon’’ takes place on the
Tennessee River from mile markers
464.0 to 465.0. The Coast Guard
determined that a temporary special
local regulation is needed to protect the
1500 participants in the ‘‘Chattanooga
Waterfront Triathlon’’ during the
swimming portion. The legal basis and
authorities for this rulemaking
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35493
establishing a special local regulation
are found in 33 U.S.C. 1233, which
authorizes the Coast Guard to establish
and define special local regulations. The
COTP Ohio Valley is establishing a
special local regulation for the waters of
the Tennessee River, beginning at mile
marker 464.0 and ending at mile marker
465.0 to protect the participants in the
swimming portion of the ‘‘Chattanooga
Waterfront Triathlon.’’ Entry into this
area is prohibited unless specifically
authorized by the COTP Ohio Valley or
designated representative.
hours, from 7:00 a.m. to 9:30 a.m. on
June 29, 2014. Due to its short duration
and limited scope, it does not pose a
significant regulatory impact. BNMs
will also inform the community of this
special local regulation so that they may
plan accordingly for this short
restriction on transit. Vessel traffic may
request permission from the COTP Ohio
Valley or a designated representative to
enter the restricted area or deviate from
this regulation. Requests to deviate from
this regulation will be considered on a
case-by-case basis.
C. Discussion of the Final Rule
The COTP Ohio Valley is establishing
a special local regulation for the waters
of the Tennessee River, beginning at
mile marker 464.0 and ending at mile
marker 465.0, during the swimming
portion of the ‘‘Chattanooga Waterfront
Triathlon’’ on June 29, 2014. During this
event, vessels shall not enter into,
depart from, or move within the
regulated area without permission from
the COTP Ohio Valley or his authorized
representative. Persons or vessels
requiring entry into or passage through
the regulated area must request
permission from the COTP Ohio Valley,
or a designated representative. Sector
Ohio Valley may be contacted on VHF–
FM Channel 13 or 16, or 1–800–253–
7465. This rule is effective from 7:00
a.m. to 9:30 a.m. June 29, 2014. The
COTP Ohio Valley will inform the
public through Broadcast Notices to
Mariners (BNM) of the enforcement
period for the special local regulation as
well as any changes in the planned
schedule.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit mile marker
464.0 to mile marker 465.0 on the
Tennessee River, from 7:00 a.m. to 9:30
a.m. on June 29, 2014. The special local
regulation will not have a significant
economic impact on a substantial
number of small entities because this
rule will be in effect for a short period
of time. BNMs will also inform the
community of this special local
regulation so that they may plan
accordingly for this short restriction on
transit. Vessel traffic may request
permission from the COTP Ohio Valley
or a designated representative to enter
the restricted area.
D. 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 or
executive orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under that
Order.
This special local regulation restricts
transit on the Tennessee River from mile
marker 464.0 to mile marker 465.0 and
covers a period of two and one half
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3. Assistance for Small Entities
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, above.
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
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35494
Federal Register / Vol. 79, No. 120 / Monday, June 23, 2014 / Rules and Regulations
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.
4. 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).
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
determined that this rule does not have
implications for federalism.
6. 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.
7. 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.
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8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
14:40 Jun 20, 2014
Jkt 232001
List of Subjects in 33 CFR Part 100
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
11. Indian Tribal Governments
5. Federalism
VerDate Mar<15>2010
10. Protection of Children
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded 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 is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves establishing a temporary
special local regulation to protect the
participants in the swimming portion of
the ‘‘Chattanooga Waterfront Triathlon’’
on the Tennessee River from mile
markers 464.0 to mile marker 465.0 for
two and one half hour period on one
day.
An environmental analysis was
performed during the marine event
permit process for the swimming event
and a checklist and a categorical
exclusion determination are not
required for this special local regulation.
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For the reasons discussed in the
preamble, the U.S. Coast Guard amends
33 CFR Part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. A new temporary § 100.T08–0323 is
added to read as follows:
■
§ 100.T08–0323 Special Local Regulation;
Tennessee River, Miles 464.0 to 465.0,
Chattanooga, TN.
(a) Location. The following area is a
regulated area: All waters of the
Tennessee River, beginning at mile
marker 464.0 and ending at mile marker
465.0.
(b) Effective date. This section is
effective from 7:00 a.m. to 9:30 a.m. on
June 29, 2014.
(c) Regulations. (1) In accordance with
the general regulations in § 100.35, entry
into this area is prohibited unless
authorized by the Captain of the Port
Ohio Valley or a designated
representative.
(2) Persons or vessels requiring entry
into or passage through the area must
request permission from the Captain of
the Port Ohio Valley 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) All persons and vessels shall
comply with the instructions of the
Captain of the Port Ohio Valley and
designated U.S. Coast Guard patrol
personnel. On-scene U.S. Coast Guard
patrol personnel include commissioned,
warrant, and petty officers of the U.S.
Coast Guard.
(d) Informational broadcasts. The
Captain of the Port Ohio Valley or a
designated representative will inform
the public through broadcast notice to
mariners when the special local
regulation is being enforced and if there
are changes to the planned schedule and
enforcement period for this special local
regulation.
Dated: May 16, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2014–14490 Filed 6–20–14; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 79, Number 120 (Monday, June 23, 2014)]
[Rules and Regulations]
[Pages 35492-35494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14490]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[USCG-2014-0323]
RIN 1625-AA08
Special Local Regulation; Tennessee River, Mile 464.0 to 465.0,
Chattanooga, TN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for the waters of the Tennessee River beginning at mile
marker 464.0 and ending at mile marker 465, extending bank to bank.
This zone is necessary to protect participants of the ``Chattanooga
Waterfront Triathlon'' during the swim portion of the event. Entry into
this area is prohibited unless specifically authorized by the Captain
of the Port (COTP) Ohio Valley or designated representative.
DATES: This rule is effective from 7:00 a.m. to 9:30 a.m. June 29,
2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0323]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Petty Officer Chad Phillips, Marine Safety
Detachment Nashville, at (615) 736-5421 or email at
chad.e.phillips@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
BNM Broadcast Notices to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
This event and special local regulation is currently listed under
33
[[Page 35493]]
CFR 100.801 Table 1 Sector Ohio Valley No: 15. The event sponsor
informed the Coast Guard in April that the event will be taking place
on June 29, 2014 rather than during the second week in July as is
currently listed in the CFR. Therefore, the Coast Guard is issuing this
temporary final 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)(3)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule. The swimming portion of this event will take
place on the Tennessee River from mile marker 464.0 to mile marker
465.0. The details of this event have not changed beyond being
scheduled on an earlier date and still support a determination that a
special local regulation is necessary during the event's swimming
portion. Completing the full NPRM process is contrary to the public
interest as it would delay the additional safety measures necessary to
protect participants and event personnel from the possible marine
hazards present during the swimming portion of this event. The event
has been advertised and is planned on by the local community. Delaying
the special local regulation would also unnecessarily interfere with
the planned event, with the potential to affect contractual obligations
of the event sponsors.
For the same reasons, 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. Providing a full 30
days' notice and delaying the effective date for this special local
regulation would be impracticable because immediate action is necessary
to protect event participants from the possible marine hazards present
during this swimming event.
B. Basis and Purpose
The swim portion of the ``Chattanooga Waterfront Triathlon'' takes
place on the Tennessee River from mile markers 464.0 to 465.0. The
Coast Guard determined that a temporary special local regulation is
needed to protect the 1500 participants in the ``Chattanooga Waterfront
Triathlon'' during the swimming portion. The legal basis and
authorities for this rulemaking establishing a special local regulation
are found in 33 U.S.C. 1233, which authorizes the Coast Guard to
establish and define special local regulations. The COTP Ohio Valley is
establishing a special local regulation for the waters of the Tennessee
River, beginning at mile marker 464.0 and ending at mile marker 465.0
to protect the participants in the swimming portion of the
``Chattanooga Waterfront Triathlon.'' Entry into this area is
prohibited unless specifically authorized by the COTP Ohio Valley or
designated representative.
C. Discussion of the Final Rule
The COTP Ohio Valley is establishing a special local regulation for
the waters of the Tennessee River, beginning at mile marker 464.0 and
ending at mile marker 465.0, during the swimming portion of the
``Chattanooga Waterfront Triathlon'' on June 29, 2014. During this
event, vessels shall not enter into, depart from, or move within the
regulated area without permission from the COTP Ohio Valley or his
authorized representative. Persons or vessels requiring entry into or
passage through the regulated area must request permission from the
COTP Ohio Valley, or a designated representative. Sector Ohio Valley
may be contacted on VHF-FM Channel 13 or 16, or 1-800-253-7465. This
rule is effective from 7:00 a.m. to 9:30 a.m. June 29, 2014. The COTP
Ohio Valley will inform the public through Broadcast Notices to
Mariners (BNM) of the enforcement period for the special local
regulation as well as any changes in the planned schedule.
D. 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 or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under that Order.
This special local regulation restricts transit on the Tennessee
River from mile marker 464.0 to mile marker 465.0 and covers a period
of two and one half hours, from 7:00 a.m. to 9:30 a.m. on June 29,
2014. Due to its short duration and limited scope, it does not pose a
significant regulatory impact. BNMs will also inform the community of
this special local regulation so that they may plan accordingly for
this short restriction on transit. Vessel traffic may request
permission from the COTP Ohio Valley or a designated representative to
enter the restricted area or deviate from this regulation. Requests to
deviate from this regulation will be considered on a case-by-case
basis.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
mile marker 464.0 to mile marker 465.0 on the Tennessee River, from
7:00 a.m. to 9:30 a.m. on June 29, 2014. The special local regulation
will not have a significant economic impact on a substantial number of
small entities because this rule will be in effect for a short period
of time. BNMs will also inform the community of this special local
regulation so that they may plan accordingly for this short restriction
on transit. Vessel traffic may request permission from the COTP Ohio
Valley or a designated representative to enter the restricted area.
3. Assistance for Small Entities
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,
above.
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
[[Page 35494]]
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves establishing a temporary special
local regulation to protect the participants in the swimming portion of
the ``Chattanooga Waterfront Triathlon'' on the Tennessee River from
mile markers 464.0 to mile marker 465.0 for two and one half hour
period on one day.
An environmental analysis was performed during the marine event
permit process for the swimming event and a checklist and a categorical
exclusion determination are not required for this special local
regulation.
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 U.S. 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. A new temporary Sec. 100.T08-0323 is added to read as follows:
Sec. 100.T08-0323 Special Local Regulation; Tennessee River, Miles
464.0 to 465.0, Chattanooga, TN.
(a) Location. The following area is a regulated area: All waters of
the Tennessee River, beginning at mile marker 464.0 and ending at mile
marker 465.0.
(b) Effective date. This section is effective from 7:00 a.m. to
9:30 a.m. on June 29, 2014.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.35, entry into this area is prohibited unless authorized by
the Captain of the Port Ohio Valley or a designated representative.
(2) Persons or vessels requiring entry into or passage through the
area must request permission from the Captain of the Port Ohio Valley
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) All persons and vessels shall comply with the instructions of
the Captain of the Port Ohio Valley and designated U.S. Coast Guard
patrol personnel. On-scene U.S. Coast Guard patrol personnel include
commissioned, warrant, and petty officers of the U.S. Coast Guard.
(d) Informational broadcasts. The Captain of the Port Ohio Valley
or a designated representative will inform the public through broadcast
notice to mariners when the special local regulation is being enforced
and if there are changes to the planned schedule and enforcement period
for this special local regulation.
Dated: May 16, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-14490 Filed 6-20-14; 8:45 am]
BILLING CODE 9110-04-P
