Special Local Regulation, Tennessee River 647.0 to 648.0; Knoxville, TN, 49909-49911 [2015-20406]
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Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Rules and Regulations
the published developmental schedule,
or any revisions thereto, for each plan.
A developmental step also includes
those items in the plan as approved
under section 18(c) of the Act, as well
as those items in the approval decision
which are subject to evaluations (see
e.g., approval of Michigan plan), which
were deemed necessary to make the
State program at least as effective as the
Federal program within the 3 year
developmental period. (See part 1953 of
this chapter.)
*
*
*
*
*
PART 1956—STATE PLANS FOR THE
DEVELOPMENT AND ENFORCEMENT
OF STATE STANDARDS APPLICABLE
TO STATE AND LOCAL GOVERNMENT
EMPLOYEES IN STATES WITHOUT
APPROVED PRIVATE EMPLOYEE
PLANS
27. The authority citation for part
1956 is revised to read as follows:
■
Authority: Section 18 (29 U.S.C. 667), 29
CFR parts 1902 and 1955, and Secretary of
Labor’s Order No. 1–2012 (77 FR 3912, Jan.
25, 2012).
28. Remove subparts E through I.
[FR Doc. 2015–19225 Filed 8–17–15; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2015–0337]
RIN 1625–AA08
Special Local Regulation, Tennessee
River 647.0 to 648.0; Knoxville, TN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation
for all waters of the Tennessee River,
beginning at mile marker 647.0 and
ending at mile marker 648.0 on
September 4–5, 2015. This special
regulation is necessary to provide safety
for the racers that will be participating
in the ‘‘Racing on the Tennessee.’’ Entry
into this area will be prohibited unless
specifically authorized by the Captain of
the Port Ohio Valley or designated
representative.
rmajette on DSK7SPTVN1PROD with RULES
SUMMARY:
This rule is effective and will be
enforced on September 4, 2015 through
September 5, 2015.
DATES:
VerDate Sep<11>2014
15:22 Aug 17, 2015
Jkt 235001
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Subparts E Through I [Removed]
■
Documents mentioned in
this preamble are part of docket USCG–
2015–0337. To view documents
mentioned in the 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 rule, call or
email Petty Officer Vera Max, MSD
Nashville, Nashville, TN, at 615–736–
5421 or at vera.m.max@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:
ADDRESSES:
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)(B), the Coast
Guard finds that good cause exists for
not publishing a notice of proposed
rulemaking (NPRM) with respect to this
rule because specifics associated with
the ‘‘Racing on the Tennessee’’ event
were not received in time to publish an
NPRM and seek comments before the
event. Publishing an NPRM and
delaying the effective date of this rule to
await public comments would be
impracticable and contrary to the public
interest since it would inhibit the Coast
Guard’s ability to provide for the safety
of the racers participating in the event
and the safety of spectators and
waterway users.
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. For the same reasons
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Sfmt 4700
49909
discussed in the preceding paragraph,
delaying the effective date of this rule
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
The legal basis and authority for this
rule 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 for regattas under 33 CFR
100.
The ‘‘Racing on the Tennessee’’ is an
annual event being held on September
4 and 5, 2015. The Captain of the Port
(COTP) Ohio Valley has determined that
additional safety measures are necessary
to protect race participants, spectators,
and waterway users during this event.
Therefore, the Coast Guard is
establishing a special local regulation
for all waters of the Tennessee River
beginning at mile marker 647.0 and
ending at mile marker 648.0. This
regulation will provide safety for the
racers that will be participating in the
‘‘Racing on the Tennessee’’ and
spectators and waterway users.
C. Discussion of Temporary Final Rule
The COTP Ohio Valley is establishing
a special local regulated area for all
waters of the Tennessee River beginning
at mile marker 647.0 and ending at mile
marker 648.0. Vessels or persons will
not be permitted to enter into, depart
from, or move within this area without
permission from the COTP Ohio Valley
or designated representative. Persons or
vessels requiring entry into or passage
through the special local regulated area
will be required to request permission
from the COTP Ohio Valley, or
designated representative. Requests for
permission are submitted via VHF–FM
Channel 13 or 16, or through Coast
Guard Sector Ohio Valley at 1–800–
253–7465. This rule will be enforced
from 10:00 a.m. until 7:00 p.m. on
September 4 and 5, 2015. The COTP
Ohio Valley will inform the public
through broadcast notices to mariners of
the enforcement period for the special
local regulated area as well as of any
changes in the planned schedule.
E. 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
E:\FR\FM\18AUR1.SGM
18AUR1
49910
Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Rules and Regulations
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 those
Orders.
rmajette on DSK7SPTVN1PROD with RULES
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this rule on small entities.
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.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000. The
Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
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
647.0 to mile marker 648.0 on the
Tennessee River, from 10:00 a.m. to 7:00
p.m. on September 4 and 5, 2015. This
special local regulated area will not
have a significant economic impact on
a substantial number of small entities as
it will be enforce for a limited period of
time over two days. Additionally,
although the special local regulated area
will apply to the entire width of the
river, traffic will be allowed to pass
through the area with the permission of
the COTP Ohio Valley or designated
representative.
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.
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
VerDate Sep<11>2014
15:22 Aug 17, 2015
Jkt 235001
listed in the FOR FURTHER INFORMATION
CONTACT, above. 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 expenditures, 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 From
Environmental Health Risks
We have analyzed this rule under
Executive Order 13045, Protection of
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Fmt 4700
Sfmt 4700
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
will not create an environmental risk to
health or risk to safety that might
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 will 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 rule is not a ‘‘significant energy
action’’ under Executive Order 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use because it is not a
‘‘significant regulatory action’’ under
Executive Order 12866 and is not likely
to have a significant adverse effect on
the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
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 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 rule
involves the COTP Ohio Valley
establishing a special local regulation
for all waters of the Tennessee River
beginning at mile marker 647.0 and
ending at mile marker 648.0 to provide
safety for the racers that will be
participating in the ‘‘Racing on the
Tennessee.’’ This rule is categorically
excluded from further review under
paragraph 34(h) of Figure 2–1 of the
Commandant Instruction. A preliminary
environmental analysis checklist
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Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Rules and Regulations
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Dated: July 13, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2015–20406 Filed 8–17–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, and Waterways.
Coast Guard
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
33 CFR Part 165
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERWAYS
Safety Zones; Eighth Coast Guard
District Annual and Recurring Safety
Zones Update
1. The authority citation for part 100
continues to read as follows:
AGENCY:
[Docket No. USCG–2013–1060; 1625–AA00]
■
ACTION:
Authority: 33 U.S.C. 1233
rmajette on DSK7SPTVN1PROD with RULES
§ 100.35T08–0337 Special Local
Regulation; Tennessee River Mile 647.0 to
648.0, Knoxville, TN.
(a) Regulated area. The following
location is a regulated area: All waters
of the Tennessee River beginning at mile
marker 647.0 and ending at mile marker
648.0.
(b) Enforcement period. This section
will be enforced from 10 a.m. to 7 p.m.
on September 4 and 5, 2015.
(c) Special local regulations. (1) The
general regulations contained in 33 CFR
100.35 as well as the regulations in this
section apply to the Regulated Area.
(2) Entry into the Regulated Area is
prohibited unless authorized by the
Captain of the Port Ohio Valley or a
designated representative.
(3) The Captain of the Port Ohio
Valley or a designated representative
will inform the public through
broadcast notice to mariners of the
enforcement period for the special local
regulation.
(4) Persons or vessels requiring entry
into or passage through the Regulated
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.
(5) 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.
17:13 Aug 17, 2015
Jkt 235001
The Coast Guard is amending
and updating its current list of recurring
safety zone regulations that take place in
the Eighth Coast Guard District area of
responsibility (AOR). This final rule
informs the public of regularly
scheduled events that require additional
safety measures through establishing a
safety zone. Through this final rule, the
list of recurring safety zones is updated
with revisions, additional events, and
removal of events that no longer take
place in the Eighth Coast Guard District
AOR. When these safety zones are
enforced, vessel traffic is restricted from
specified areas. Additionally, this one
rulemaking project reduces
administrative costs involved in
producing a separate rule for each
individual recurring safety zone and
serves to provide notice of the known
recurring safety zones throughout the
year.
SUMMARY:
2. Temporary § 100.801T08–0337 is
added to read as follows:
■
VerDate Sep<11>2014
Coast Guard, DHS.
Final rule.
DATES:
This rule is effective August 18,
2015.
Documents mentioned in
this preamble are part of Docket Number
[USCG–2013–1060]. 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 rule, call or
email Shelley R. Miller, Eighth Coast
ADDRESSES:
PO 00000
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Fmt 4700
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49911
Guard District Waterways Management
Division, (504) 671–2139 or email,
Shelley.R.Miller@uscg.mil. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard preceded this final
rule with an interim final rule with
request for comments. The interim rule
was published in the Federal Register
on April 22, 2014, [79 FR 22398]. The
interim rule established separate tables
for each of the Sectors operating within
the Coast Guard’s Eighth District and
updated the list of recurring safety
zones under 33 CFR 165. Although no
adverse comments were received, some
comments to further update the
recurring list were received. Because the
interim rule and now this final rule
establish separate tables for each Sector
within the Eighth District, further
updates will now be made by each
Sector individually, impacting only
their table of recurring safety zones.
The list of annual and recurring safety
zones occurring in the Eighth Coast
Guard District AOR is published under
33 CFR 165.801. That list was originally
created May 16, 2012 through a
previous rulemaking, [77 FR 2876] and
received no adverse comments.
B. Basis and Purpose
The legal basis for the rule is 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; and
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to define regulatory safety zones. The
Coast Guard is amending and updating
the safety zone regulations under 33
CFR part 165 to include the most up to
date list of recurring safety zones for
events held on or around navigable
waters within the Eighth Coast Guard
District. These events include air shows,
fireworks displays, and other marine
related events requiring a limited access
area restricting vessel traffic for safety
purposes. The list under 33 CFR
165.801 requires amending to provide
new information on existing safety
zones, and updating to include new
safety zones expected to recur annually
or biannually and to remove safety
E:\FR\FM\18AUR1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Rules and Regulations]
[Pages 49909-49911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20406]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-0337]
RIN 1625-AA08
Special Local Regulation, Tennessee River 647.0 to 648.0;
Knoxville, TN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation for
all waters of the Tennessee River, beginning at mile marker 647.0 and
ending at mile marker 648.0 on September 4-5, 2015. This special
regulation is necessary to provide safety for the racers that will be
participating in the ``Racing on the Tennessee.'' Entry into this area
will be prohibited unless specifically authorized by the Captain of the
Port Ohio Valley or designated representative.
DATES: This rule is effective and will be enforced on September 4, 2015
through September 5, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0337. To view documents mentioned in the 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 rule,
call or email Petty Officer Vera Max, MSD Nashville, Nashville, TN, at
615-736-5421 or at vera.m.max@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
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
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)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because specifics associated with the ``Racing on
the Tennessee'' event were not received in time to publish an NPRM and
seek comments before the event. Publishing an NPRM and delaying the
effective date of this rule to await public comments would be
impracticable and contrary to the public interest since it would
inhibit the Coast Guard's ability to provide for the safety of the
racers participating in the event and the safety of spectators and
waterway users.
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. For the same reasons discussed in
the preceding paragraph, delaying the effective date of this rule would
be impracticable and contrary to the public interest.
B. Basis and Purpose
The legal basis and authority for this rule 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 for
regattas under 33 CFR 100.
The ``Racing on the Tennessee'' is an annual event being held on
September 4 and 5, 2015. The Captain of the Port (COTP) Ohio Valley has
determined that additional safety measures are necessary to protect
race participants, spectators, and waterway users during this event.
Therefore, the Coast Guard is establishing a special local regulation
for all waters of the Tennessee River beginning at mile marker 647.0
and ending at mile marker 648.0. This regulation will provide safety
for the racers that will be participating in the ``Racing on the
Tennessee'' and spectators and waterway users.
C. Discussion of Temporary Final Rule
The COTP Ohio Valley is establishing a special local regulated area
for all waters of the Tennessee River beginning at mile marker 647.0
and ending at mile marker 648.0. Vessels or persons will not be
permitted to enter into, depart from, or move within this area without
permission from the COTP Ohio Valley or designated representative.
Persons or vessels requiring entry into or passage through the special
local regulated area will be required to request permission from the
COTP Ohio Valley, or designated representative. Requests for permission
are submitted via VHF-FM Channel 13 or 16, or through Coast Guard
Sector Ohio Valley at 1-800-253-7465. This rule will be enforced from
10:00 a.m. until 7:00 p.m. on September 4 and 5, 2015. The COTP Ohio
Valley will inform the public through broadcast notices to mariners of
the enforcement period for the special local regulated area as well as
of any changes in the planned schedule.
E. 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
[[Page 49910]]
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 those Orders.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. 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.
The term ``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities. 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 647.0 to mile
marker 648.0 on the Tennessee River, from 10:00 a.m. to 7:00 p.m. on
September 4 and 5, 2015. This special local regulated area will not
have a significant economic impact on a substantial number of small
entities as it will be enforce for a limited period of time over two
days. Additionally, although the special local regulated area will
apply to the entire width of the river, traffic will be allowed to pass
through the area with the permission of the COTP Ohio Valley or
designated representative.
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.
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. 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 expenditures, 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 From Environmental Health Risks
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 will not create an
environmental risk to health or risk to safety that might
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 will 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 rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
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 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 rule involves the COTP Ohio
Valley establishing a special local regulation for all waters of the
Tennessee River beginning at mile marker 647.0 and ending at mile
marker 648.0 to provide safety for the racers that will be
participating in the ``Racing on the Tennessee.'' This rule is
categorically excluded from further review under paragraph 34(h) of
Figure 2-1 of the Commandant Instruction. A preliminary environmental
analysis checklist
[[Page 49911]]
supporting this determination and a Categorical Exclusion Determination
are available in the docket where indicated under ADDRESSES. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERWAYS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233
0
2. Temporary Sec. 100.801T08-0337 is added to read as follows:
Sec. 100.35T08-0337 Special Local Regulation; Tennessee River Mile
647.0 to 648.0, Knoxville, TN.
(a) Regulated area. The following location is a regulated area: All
waters of the Tennessee River beginning at mile marker 647.0 and ending
at mile marker 648.0.
(b) Enforcement period. This section will be enforced from 10 a.m.
to 7 p.m. on September 4 and 5, 2015.
(c) Special local regulations. (1) The general regulations
contained in 33 CFR 100.35 as well as the regulations in this section
apply to the Regulated Area.
(2) Entry into the Regulated Area is prohibited unless authorized
by the Captain of the Port Ohio Valley or a designated representative.
(3) The Captain of the Port Ohio Valley or a designated
representative will inform the public through broadcast notice to
mariners of the enforcement period for the special local regulation.
(4) Persons or vessels requiring entry into or passage through the
Regulated 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.
(5) 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.
Dated: July 13, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-20406 Filed 8-17-15; 8:45 am]
BILLING CODE 9110-04-P
