Special Local Regulation, Tennessee River, Mile 256.0 to 257.5; Florence, TN, 39972-39974 [2014-16156]
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39972
Federal Register / Vol. 79, No. 133 / Friday, July 11, 2014 / Rules and Regulations
Nashville, TN, Nashville Intl, ILS OR LOC
RWY 2C, Amdt 1B
Nashville, TN, Nashville Intl, ILS OR LOC
RWY 20R, Amdt 10B
Nashville, TN, Nashville Intl, ILS OR LOC
RWY 2L, ILS RWY 2L (SA CAT I), ILS
RWY 2L (CAT II), ILS RWY 2L (CAT III),
Amdt 10
Nashville, TN, Nashville Intl, ILS OR LOC/
DME RWY 2R, ILS RWY 2R (SA CAT I),
ILS RWY 2R (CAT II), ILS RWY 2R (CAT
III), Amdt 8
Nashville, TN, Nashville Intl, ILS OR LOC/
DME RWY 20L, Amdt 6
Nashville, TN, Nashville Intl, RNAV (GPS)
RWY 20C, Orig-A
Nashville, TN, Nashville Intl, RNAV (GPS) Y
RWY 2L, Amdt 2
Nashville, TN, Nashville Intl, RNAV (GPS) Y
RWY 2R, Amdt 2
Nashville, TN, Nashville Intl, RNAV (GPS) Y
RWY 20L, Amdt 2
Nashville, TN, Nashville Intl, RNAV (GPS) Y
RWY 20R, Amdt 2B
Nashville, TN, Nashville Intl, RNAV (RNP) Z
RWY 2C, Amdt 2
Nashville, TN, Nashville Intl, RNAV (RNP) Z
RWY 2L, Amdt 2
Nashville, TN, Nashville Intl, RNAV (RNP) Z
RWY 2R, Amdt 2
Nashville, TN, Nashville Intl, RNAV (RNP) Z
RWY 20L, Amdt 2
Nashville, TN, Nashville Intl, RNAV (RNP) Z
RWY 20R, Amdt 2
Smyrna, TN, Smyrna, RNAV (GPS) RWY 14,
Amdt 1
Smyrna, TN, Smyrna, RNAV (GPS) RWY 32,
Amdt 1
Danville, VA, Danville Rgnl, Takeoff
Minimums and Obstacle DP, Amdt 2
Pullman/Moscow, ID, WA, Pullman/Moscow
Rgnl, RNAV (GPS) RWY 24, Amdt 1A
Lewisburg, WV, Greenbrier Valley, ILS OR
LOC RWY 4, Amdt 11
Lewisburg, WV, Greenbrier Valley, VOR
RWY 4, Amdt 2
[FR Doc. 2014–15916 Filed 7–10–14; 8:45 am]
As part of
the June 20, 2014 Federal Register (79
FR 35282) final rule amendatory text,
the Department erroneously removed
‘‘22 CFR 34.7(a)(7)’’, which does not
exist. The Department’s intent, however,
was to remove 22 CFR 34.10(a)(7), for
the reasons explained in the prior
document. This document corrects that
error.
SUPPLEMENTARY INFORMATION:
List of Subjects in 22 CFR Part 34
Administrative practice and
procedure, Claims, Debts, Garnishment
of wages, Government employee,
Hearing and appeal procedures, Pay
administration, Salaries, Wages.
For the reasons stated in the
preamble, 22 CFR part 34 is amended as
follows:
PART 34—DEBT COLLECTION
1. The authority citation for part 34
continues to read as follows:
■
Authority: 31 U.S.C. 3701–3719; 5 U.S.C.
5514; 31 CFR part 285; 31 CFR parts 900–
904; 5 CFR part 550, subpart K.
§ 34.10
[Amended]
2. Remove paragraph (a)(7) from
§ 34.10.
Table of Acronyms
Dated: July 3, 2014.
Janet M. Freer,
Director, Office of Directives Management,
Department of State.
BNM Broadcast Notices to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking
[FR Doc. 2014–16303 Filed 7–10–14; 8:45 am]
A. Regulatory History and Information
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 Coast
Guard received notice on April 7, 2014
that the Renaissance Man Triathlon is
planned to take place on July 13, 2014.
The swimming portion of this event will
take place on the Tennessee River from
mile 256.0 to mile 257.5. Upon
reviewing the details of this event, the
Coast Guard determined that a special
local regulation is necessary during the
event’s swimming portion, taking place
on the Tennessee River. 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
■
BILLING CODE 4710–37–P
DEPARTMENT OF HOMELAND
SECURITY
BILLING CODE 4910–13–P
Coast Guard
DEPARTMENT OF STATE
33 CFR Part 100
22 CFR Part 34
[USCG–2014–0277]
[Public Notice: 8791]
RIN 1625–AA08
RIN 1400–AD60
Special Local Regulation, Tennessee
River, Mile 256.0 to 257.5; Florence, TN
Debt Collection
tkelley on DSK3SPTVN1PROD with RULES
ACTION:
The Department of State
(hereinafter, ‘‘State’’ or ‘‘the
Department’’) is publishing a correction
to a final rule that amended State’s debt
collection regulations.
DATES: This rule will become effective
on July 11, 2014.
FOR FURTHER INFORMATION CONTACT:
Alice Kottmyer, Office of the Legal
Adviser, United States Department of
State; phone: (202) 647–2199; email:
KottmyerAM@state.gov.
SUMMARY:
VerDate Mar<15>2010
16:49 Jul 10, 2014
Jkt 232001
Coast Guard, DHS.
Temporary final rule.
AGENCY:
Department of State.
ACTION: Final rule; correction.
AGENCY:
This rule is effective from 5:00
a.m. to 10:30 a.m. July 13, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0277]. 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:
DATES:
The Coast Guard is
establishing a temporary special local
regulation for the waters of the
Tennessee River beginning at mile
marker 256.0 and ending at mile marker
257.5, extending bank to bank. This
zone is necessary to protect participants
of the Renaissance Man 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.
SUMMARY:
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Federal Register / Vol. 79, No. 133 / Friday, July 11, 2014 / Rules and Regulations
from the possible marine hazards
present during the swimming portion of
this event. The event has been
advertised and is planned by the local
community. Delaying the special local
regulation would also unnecessarily
interfere with the planned event and
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.
tkelley on DSK3SPTVN1PROD with RULES
B. Basis and Purpose
The swim portion of the Renaissance
Man Triathlon takes place on the
Tennessee River from mile markers
256.0 to 257.5. The Coast Guard
determined that a temporary special
local regulation is needed to protect the
300 participants in the Renaissance Man
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 256.0 and
ending at 257.5 to protect the
participants in the swimming portion of
the Renaissance Man 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 256.0 and ending at 257.5,
during the swimming portion of the
Renaissance Man Triathlon. 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 5:00
a.m. to 10:30 a.m. July 13, 2014. The
VerDate Mar<15>2010
16:49 Jul 10, 2014
Jkt 232001
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 256.0 through 257.5 and covers
a period of five and one half hours, from
5:00 a.m. to 10:30 a.m. on July 13, 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 deviated from this
regulation. Requests to deviate from this
regulation will be considered on a caseby-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
256.0 to 257.5 on the Tennessee River,
from 5:00 a.m. to 10:30 a.m. on July 13,
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
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39973
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
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
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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Federal Register / Vol. 79, No. 133 / Friday, July 11, 2014 / Rules and Regulations
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.
tkelley on DSK3SPTVN1PROD with RULES
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
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16:49 Jul 10, 2014
Jkt 232001
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 Renaissance Man Triathlon on the
Tennessee River from mile markers
256.0 to 257.5 for five 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
1. The authority citation for Part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. A new temporary § 100.T08–0277 is
added to read as follows:
■
§ 100.T08–0277_Special Local Regulation;
Tennessee River, Miles 256.0 to 257.5,
Florence, TN.
(a) Location. The following area is a
regulated area: All waters of the
Tennessee River, beginning at mile
marker 256.0 and ending at mile marker
257.5.
(b) Effective date. This section is
effective from 5:00 a.m. to 10:30 a.m. on
July 13, 2014.
(c) Regulations. (1) In accordance with
the general regulations in § 100.35 of
this part, 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.
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(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: June 18, 2014.
R. V. Timme,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2014–16156 Filed 7–10–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2014–0331]
RIN 1625–AA08
Eighth Coast Guard District Annual
Special Local Regulation; Music City
Triathlon; Cumberland River 190.0–
192.0; Nashville, TN
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a Special Local Regulation for the
‘‘Music City Triathlon’’ on the
Cumberland River mile marker 190.0 to
mile marker 192.0 from 6:00 a.m. until
9:30 a.m. on July 27, 2014. This action
is necessary for the safeguard of
participants and spectators, including
all crews, vessels, and persons on
navigable waters during the ‘‘Music City
Triathlon.’’ During the enforcement
period, entry into, transiting or
anchoring in the Regulated Area is
prohibited to all vessels not registered
with the sponsor as participants or
official patrol vessels, unless
specifically authorized by the Captain of
the Port (COTP) Ohio Valley or a
designated representative.
DATES: The regulations in 33 CFR
100.801 will be enforced from 6:00 a.m.
until 9:30 a.m. on July 27, 2014.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice of
enforcement, call Petty Officer Chad
SUMMARY:
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Agencies
[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Rules and Regulations]
[Pages 39972-39974]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16156]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[USCG-2014-0277]
RIN 1625-AA08
Special Local Regulation, Tennessee River, Mile 256.0 to 257.5;
Florence, 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 256.0 and ending at mile marker 257.5, extending bank to bank.
This zone is necessary to protect participants of the Renaissance Man
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 5:00 a.m. to 10:30 a.m. July 13,
2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0277]. 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
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 Coast Guard received notice on
April 7, 2014 that the Renaissance Man Triathlon is planned to take
place on July 13, 2014. The swimming portion of this event will take
place on the Tennessee River from mile 256.0 to mile 257.5. Upon
reviewing the details of this event, the Coast Guard determined that a
special local regulation is necessary during the event's swimming
portion, taking place on the Tennessee River. 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
[[Page 39973]]
from the possible marine hazards present during the swimming portion of
this event. The event has been advertised and is planned by the local
community. Delaying the special local regulation would also
unnecessarily interfere with the planned event and 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 Renaissance Man Triathlon takes place on
the Tennessee River from mile markers 256.0 to 257.5. The Coast Guard
determined that a temporary special local regulation is needed to
protect the 300 participants in the Renaissance Man 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 256.0 and ending at 257.5 to protect the
participants in the swimming portion of the Renaissance Man 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 256.0 and
ending at 257.5, during the swimming portion of the Renaissance Man
Triathlon. 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 5:00 a.m. to 10:30 a.m. July
13, 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 256.0 through 257.5 and covers a period of five
and one half hours, from 5:00 a.m. to 10:30 a.m. on July 13, 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 deviated 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 256.0 to 257.5 on the Tennessee River, from 5:00 a.m. to
10:30 a.m. on July 13, 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 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
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
[[Page 39974]]
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 Renaissance Man Triathlon on the Tennessee River from mile markers
256.0 to 257.5 for five 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.T08-0277 is added to read as follows:
Sec. 100.T08-0277--Special Local Regulation; Tennessee River, Miles
256.0 to 257.5, Florence, TN.
(a) Location. The following area is a regulated area: All waters of
the Tennessee River, beginning at mile marker 256.0 and ending at mile
marker 257.5.
(b) Effective date. This section is effective from 5:00 a.m. to
10:30 a.m. on July 13, 2014.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.35 of this part, 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: June 18, 2014.
R. V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-16156 Filed 7-10-14; 8:45 am]
BILLING CODE 9110-04-P