Special Local Regulation; Cumberland River, Mile 190.5 to 194.0; Nashville, TN, 39184-39187 [2016-14276]
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Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations
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Docket: For access to the docket to
read background documents or the
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electronic and written/paper comments
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INFORMATION section for electronic
access to the guidance.
FOR FURTHER INFORMATION CONTACT:
Angel M. Suarez, Office of Regulatory
Affairs, Office of Food and Feed
Operations, Division of Food Defense
Targeting, Food and Drug
Administration, Element Bldg., HFC–
180, 12420 Parklawn Dr., Rockville, MD
20857–20993, 866–521–2297.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of
a guidance for industry entitled ‘‘Prior
Notice of Imported Food Questions and
Answers (Edition 3): Guidance for
Industry.’’ We are issuing this guidance
consistent with our good guidance
practices regulation (21 CFR 10.115).
The guidance represents the current
thinking of FDA on this topic. It does
not establish any rights for any person
and is not binding on FDA or on the
public. You can use an alternative
approach if it satisfies the requirements
of the applicable statutes and
regulations.
Since publication of edition two of
the guidance, FDA has issued a final
rule requiring the submission to FDA of
prior notice of food, including animal
feed, imported or offered for import into
the United States (November 7, 2008, 73
FR 66294) and, in accordance with
section 304 of FSMA, a final rule
requiring the name of any country to
which an article has been refused entry
be reported in prior notices (May 30,
2013, 78 FR 32359). FDA is issuing a
third edition of its prior notice guidance
to address questions received since
publication of the second edition,
clarify previous responses, update
previous responses as appropriate to
reflect the 2008 final rule, and include
information about the new prior notice
information requirement created by
FSMA.
FDA issued the first and second
editions of this guidance on December
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16, 2003, and May 3, 2004, respectively.
Both editions were issued as Level 1
guidance documents under 21 CFR
10.115. Consistent with FDA’s good
guidance practices regulations (21 CFR
10.115(g)(2)), the Agency accepted
comments, but implemented the
documents immediately because it
determined that prior public
participation was not feasible or
appropriate.
In the Federal Register of March 31,
2014 (79 FR 17947), we made available
a draft guidance for industry entitled
‘‘Draft Guidance for Industry: Prior
Notice of Imported Food Questions and
Answers (Edition 3)’’ and gave
interested parties an opportunity to
submit comments by May 30, 2014, for
us to consider before beginning work on
the final version of the guidance. We
carefully considered all comments
received when preparing the final
guidance. No substantive changes were
made in finalizing the guidance. The
guidance announced in this notice
finalizes the draft guidance dated March
2014.
II. Electronic Access
Persons with access to the Internet
may obtain the guidance at either https://
www.fda.gov/Food/Guidance
Regulation/GuidanceDocuments
RegulatoryInformation/default.htm or
https://www.regulations.gov. Use the
FDA Web site listed in the previous
sentence to find the most current
version of the guidance.
Dated: June 10, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016–14231 Filed 6–15–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2016–0322]
RIN 1625–AA08
Special Local Regulation; Cumberland
River, Mile 190.5 to 194.0; Nashville, TN
Coast Guard, DHS.
Temporary final rule; request for
comments.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation
for all waters of the Cumberland River
beginning at mile marker 190.5 and
ending at mile marker 194.0. This
special local regulation is necessary to
SUMMARY:
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provide safety for the participants in the
‘‘Thunder on the Cumberland’’ marine
event. This rulemaking restricts transits
into, through and within the regulated
area unless authorized by the Captain of
the Port Ohio Valley or a designated
representative. We invite your
comments on this rulemaking to assess
for future and events and similar
rulemakings.
DATES: This rule is effective from 9 a.m.
on June 17, 2016 through 6 p.m. on June
19, 2016. Comments and related
material must be received by the Coast
Guard on or before July 18, 2016.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–0322 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Ashley Schad, MSD
Nashville, Nashville, TN, at 615–736–
5421 or at Ashley.M.Schad@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
jstallworth on DSK7TPTVN1PROD with RULES
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
Fairchild Racing is conducting power
boat races daily beginning on June 17,
2016 through June 19, 2016. The Coast
Guard is issuing this temporary 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 the scheduled race event,
consisting of various sized power
vessels with at least 50 participants on
the Cumberland River, presents
potential navigational safety hazards.
The Captain of the Port Ohio Valley
(COTP) was notified of this event earlier
this year and upon receiving and
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understanding all the details of the
racing event, determined that additional
safety measures are necessary to protect
participants, spectators, and waterway
users during this event. It is
impracticable to publish an NPRM
because we must establish this special
local regulation by June 17, 2016. This
rule provides for a comment period and
comments received will be reviewed
and analyzed to assist the Coast Guard
in future rulemakings establishing
similar regulatory requirements. The
Coast Guard will notify the public and
maritime community that this special
local regulation will be in effect and of
its enforcement periods via broadcast
notices to mariners (BNM).
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register.
Delaying the effective date of this rule
would be contrary to public interest
because immediate action is needed to
establish a special local regulation to
protect participants and spectators
during the ‘‘Thunder on the
Cumberland’’ racing event beginning on
June 17, 2016.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
Captain of the Port Ohio Valley (COTP)
has determined that potential safety
hazards associated with a speed-boat
race on a navigable waterway present
safety concerns for participants,
spectators, and other person and vessels
on the waterway. This rule is needed to
protect personnel, vessels, and these
navigable waters before, during, and
after the scheduled racing event.
IV. Discussion of the Rule
This rule establishes a special local
regulation which will be enforced from
9 a.m. to 11 a.m. and 12 p.m. to 6 p.m.
daily from June 17, 2016 through June
19, 2016, for all waters of the
Cumberland River beginning at mile
marker 190.5 and ending at mile marker
194.0. The duration of the special local
regulation is intended to ensure the
safety of vessels, participants, spectators
and other waterway users before,
during, and after the scheduled event.
No vessel or person would be permitted
to enter the regulated area without
obtaining permission from the COTP or
a designated representative. The
regulatory text for this rule appears at
the end of this document.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
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39185
Executive order related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the special local
regulation. This special local regulation
restricts transit on the Cumberland
River from mile 190.5 to mile 194.0, for
8 hours a day for three days in June;
Broadcast Notices to Mariners and Local
Notices to Mariners will inform the
community of this special local
regulation and any changes in the
planned scheduled so that they may
plan accordingly for transits during this
short restriction. Vessel traffic may
request permission from the COTP Ohio
Valley or a designated representative to
enter the restricted area.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the special
local regulated area may be small
entities, for the reasons stated in section
V.A above this rule would not have a
significant economic impact on any
vessel owner or operator.
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
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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 section.
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.
jstallworth on DSK7TPTVN1PROD with RULES
C. 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).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
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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 an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. 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 (42
U.S.C. 4321–4370f), and have
determined 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 special
local regulated area that would prohibit
entry to unauthorized vessels. It is
categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
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.
G. 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.
VI. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of future regulations and
rulemakings. If you submit a comment,
please include the docket number for
this rulemaking, indicate the specific
section of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
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in the FOR FURTHER INFORMATION
CONTACT section of this document
for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this TFR as
being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
Web site’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard 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. Add § 100.35T08–0322 to read as
follows:
■
§ 100.35T08–0322 Special Local
Regulation; Cumberland River Mile 190.5 to
194.0, Nashville, TN.
(a) Regulated area. All waters of the
Cumberland River beginning at mile
marker 190.5 and ending at mile marker
194.0 at Nashville, TN.
(b) Periods of enforcement. This rule
will be enforced from 9 a.m. to 11 a.m.
and from 12 p.m. to 6 p.m. daily June
17, 2016 through June 19, 2016.
(c) Regulations. (1) Entry into or
transit through 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.
(d) Informational broadcasts. The
Captain of the Port Ohio Valley or a
designated representative will inform
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the public through broadcast notices to
mariners of the enforcement period for
this special local regulation as well as
any changes in the dates and times of
enforcement.
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
Dated: May 26, 2016.
R. V. Timme,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
II. Background Information and
Regulatory History
[FR Doc. 2016–14276 Filed 6–15–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2015–1039]
RIN 1625–AA08
Special Local Regulations; Sector Ohio
Valley Annual and Recurring Special
Local Regulations Update
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
and updating its special local
regulations relating to recurring marine
parades, regattas, and other events that
take place in the Coast Guard Sector
Ohio Valley area of responsibility
(AOR). This rule informs the public of
regularly scheduled events that require
additional safety measures through the
establishing of a special local regulation.
Through this rulemaking the current list
of recurring special local regulations is
updated with revisions, additional
events, and removal of events that no
longer take place in Sector Ohio Valley’s
AOR. When these special local
regulations are enforced, certain
restrictions are placed on marine traffic
in specified areas.
DATES: This rule is effective June 16,
2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2015–
1039 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer James Robinson,
Sector Ohio Valley, U.S. Coast Guard;
telephone (502) 779–5347, email
James.C.Robinson@uscg.mil.
SUPPLEMENTARY INFORMATION:
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
I. Table of Abbreviations
CFR
Code of Federal Regulations
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The Captain of the Port (COTP) Ohio
Valley is establishing, amending, and
updating its current list of recurring
special local regulations codified under
33 CFR 100.801 in Table no. 1, for the
COTP Ohio Valley zone.
On January 25, 2016, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled Sector Ohio
Valley Annual and Recurring Special
Local Regulations Update (81 FR 3976).
During the comment period that ended
April 25, 2016, the Coast Guard received
information regarding dates for three
events from the event sponsors. This
information is discussed in this
document.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register.
Though we are not providing a full 30day delay in the effective date, the Coast
Guard did provide notice and the
opportunity to comment through the
NPRM process and is now providing as
much notice as possible before the first
recurring event enforcement is required
on June 19. It is impracticable to
provide a full 30-days notice because
this rule must be effective June 19, 2016
to accommodate the first event.
III. Legal Authority and Need for Rule
The Coast Guard’s authority for
establishing a special local regulation is
contained at 33 U.S.C. 1233. The Coast
Guard is amending and updating the
special local regulations under 33 CFR
part 100 to include the most up to date
list of recurring special local regulations
for events held on or around navigable
waters within the Sector Ohio Valley
AOR. These events include marine
parades, boat races, swim events, and
others. The current list under 33 CFR
100.801 requires amending to provide
new information on existing special
local regulations, include new special
local regulations expected to recur
annually or biannually, and to remove
special local regulations that are no
longer required. Issuing individual
regulations for each new special local
regulation, amendment, or removal of
an existing special local regulation
creates unnecessary administrative costs
and burdens. This rulemaking reduces
administrative overhead and provides
the public with notice through
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39187
publication in the Federal Register of
the upcoming recurring special local
regulations.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received
information regarding three recurring
events from the event sponsors during
the NPRM comment period. This
information requires changes to the
regulatory text of this rule from the
proposed rule in the NPRM. Those
changes are as follows:
Change 1: The sponsor of the
Owensboro Air show requested a
change to the proposed event date as
listed in Table 1, Line 54. Instead of
occurring 3 days during the first or
second weekend in September, the new
date will be published in the final rule
as: 3 days during one of the last three
weekends in September. This change
was requested to enable the Air Show to
take place without conflicting with
other events occurring in September.
Change 2: The sponsor of the REV3
Triathlon requested a change to the
proposed date as listed in Table 1, Line
4. Instead of occurring 1 day during the
first or second weekend in May, the new
date will be published in the final rule
as: 1 day during the third or fourth
weekend in May starting in 2016. This
change was requested due to scheduling
conflicts with other events. This final
rule was not published in time for the
May 22, 2016 occurrence of this event.
Therefore, a temporary final rule for this
event was issued on May 20, 2016. That
rule is accessible as indicated under
ADDRESSES.
Change 3: The sponsor of the HadiShrine/Evansville Freedom Festival Air
Show informed the Coast Guard that the
proposed expanded date period from 3
to 4 days was no longer needed and the
currently published date period of 3
days fits the air show portion of their
event. Therefore, the date for this event
as listed in Table 1, Line 46 will remain:
3 days during the second or third
weekend in June. The event sponsor
also informed the Coast Guard that the
2016 occurrence of this event fell on the
fourth weekend in June. Therefore, a
separate temporary final rule is being
issued to establish the necessary special
local regulation on June 24–26, 2016.
That rule is available as indicated under
ADDRESSES.
These requested changes are based on
the individual sponsors’ efforts to
coordinate events alongside others in
the local community. In some instances,
these changes have been advertised to
and planned on by the local community,
and minimally impact the dates of 3
events as listed in the NPRM. These
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]]>Agencies
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Rules and Regulations]
[Pages 39184-39187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14276]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0322]
RIN 1625-AA08
Special Local Regulation; Cumberland River, Mile 190.5 to 194.0;
Nashville, TN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation for
all waters of the Cumberland River beginning at mile marker 190.5 and
ending at mile marker 194.0. This special local regulation is necessary
to
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provide safety for the participants in the ``Thunder on the
Cumberland'' marine event. This rulemaking restricts transits into,
through and within the regulated area unless authorized by the Captain
of the Port Ohio Valley or a designated representative. We invite your
comments on this rulemaking to assess for future and events and similar
rulemakings.
DATES: This rule is effective from 9 a.m. on June 17, 2016 through 6
p.m. on June 19, 2016. Comments and related material must be received
by the Coast Guard on or before July 18, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0322 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Ashley Schad, MSD Nashville, Nashville, TN,
at 615-736-5421 or at Ashley.M.Schad@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
Fairchild Racing is conducting power boat races daily beginning on
June 17, 2016 through June 19, 2016. The Coast Guard is issuing this
temporary 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 the scheduled race event, consisting of various sized
power vessels with at least 50 participants on the Cumberland River,
presents potential navigational safety hazards. The Captain of the Port
Ohio Valley (COTP) was notified of this event earlier this year and
upon receiving and understanding all the details of the racing event,
determined that additional safety measures are necessary to protect
participants, spectators, and waterway users during this event. It is
impracticable to publish an NPRM because we must establish this special
local regulation by June 17, 2016. This rule provides for a comment
period and comments received will be reviewed and analyzed to assist
the Coast Guard in future rulemakings establishing similar regulatory
requirements. The Coast Guard will notify the public and maritime
community that this special local regulation will be in effect and of
its enforcement periods via broadcast notices to mariners (BNM).
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be contrary to public interest because
immediate action is needed to establish a special local regulation to
protect participants and spectators during the ``Thunder on the
Cumberland'' racing event beginning on June 17, 2016.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Ohio Valley (COTP) has determined that
potential safety hazards associated with a speed-boat race on a
navigable waterway present safety concerns for participants,
spectators, and other person and vessels on the waterway. This rule is
needed to protect personnel, vessels, and these navigable waters
before, during, and after the scheduled racing event.
IV. Discussion of the Rule
This rule establishes a special local regulation which will be
enforced from 9 a.m. to 11 a.m. and 12 p.m. to 6 p.m. daily from June
17, 2016 through June 19, 2016, for all waters of the Cumberland River
beginning at mile marker 190.5 and ending at mile marker 194.0. The
duration of the special local regulation is intended to ensure the
safety of vessels, participants, spectators and other waterway users
before, during, and after the scheduled event. No vessel or person
would be permitted to enter the regulated area without obtaining
permission from the COTP or a designated representative. The regulatory
text for this rule appears at the end of this document.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive order related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
This special local regulation restricts transit on the Cumberland River
from mile 190.5 to mile 194.0, for 8 hours a day for three days in
June; Broadcast Notices to Mariners and Local Notices to Mariners will
inform the community of this special local regulation and any changes
in the planned scheduled so that they may plan accordingly for transits
during this short restriction. Vessel traffic may request permission
from the COTP Ohio Valley or a designated representative to enter the
restricted area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
special local regulated area may be small entities, for the reasons
stated in section V.A above this rule would not have a significant
economic impact on any vessel owner or operator.
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
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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 section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. 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 (42 U.S.C. 4321-4370f), and have determined 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 special local regulated area that would prohibit entry to
unauthorized vessels. It is categorically excluded from further review
under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist 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.
G. 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.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of future regulations
and rulemakings. If you submit a comment, please include the docket
number for this rulemaking, indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this TFR as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard 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. Add Sec. 100.35T08-0322 to read as follows:
Sec. 100.35T08-0322 Special Local Regulation; Cumberland River Mile
190.5 to 194.0, Nashville, TN.
(a) Regulated area. All waters of the Cumberland River beginning at
mile marker 190.5 and ending at mile marker 194.0 at Nashville, TN.
(b) Periods of enforcement. This rule will be enforced from 9 a.m.
to 11 a.m. and from 12 p.m. to 6 p.m. daily June 17, 2016 through June
19, 2016.
(c) Regulations. (1) Entry into or transit through 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.
(d) Informational broadcasts. The Captain of the Port Ohio Valley
or a designated representative will inform
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the public through broadcast notices to mariners of the enforcement
period for this special local regulation as well as any changes in the
dates and times of enforcement.
Dated: May 26, 2016.
R. V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-14276 Filed 6-15-16; 8:45 am]
BILLING CODE 9110-04-P
