Special Local Regulation; Clinch River, Oak Ridge, TN, 23486-23488 [2019-10663]

Download as PDF 23486 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations years from when you tell us your choice]. [Include if the opt-out period expires.] Once that period expires, you will receive a renewal notice that will allow you to continue to limit marketing offers from our affiliates for [another x years]/[at least another 5 years]. • [Include, if applicable, in a subsequent notice, including an annual notice, for consumers who may have previously opted out.] If you have already made a choice to limit marketing offers from our affiliates, you do not need to act again until you receive the renewal notice. To limit marketing offers, contact us [include all that apply]: • By telephone: 1–877-###-#### • On the web: www.—.com • By mail: Check the box and complete the form below, and send the form to: [Company name] [Company address] llDo not allow your affiliates to use my personal information to market to me. 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[Include if the opt-out period expires.] Once that period expires, you will receive a renewal notice that will allow you to continue to limit marketing offers from the [ABC] companies for [another x years]/[at least another 5 years]. • [Include, if applicable, in a subsequent notice, including an annual notice, for consumers who may have previously opted out.] If you have already made a choice to limit marketing offers from the [ABC] companies, you do not need to act again until you receive the renewal notice. To limit marketing offers, contact us [include all that apply]: • By telephone: 1–877-###-#### • On the web: www.—.com • By mail: Check the box and complete the form below, and send the form to: [Company name] [Company address] llDo not allow any company [in the ABC group of companies] to use my personal information to market to me. VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 B–3 Model Form for Renewal Notice (Single-Affiliate Notice) [Renewing Your Choice To Limit Marketing]/ [Renewing Your Marketing Opt-Out] • [Name of Affiliate] is providing this notice. • [Optional: Federal law gives you the right to limit some but not all marketing from our affiliates. Federal law also requires us to give you this notice to tell you about your choice to limit marketing from our affiliates.] • You previously chose to limit our affiliates in the [ABC] group of companies, such as our [credit card, insurance, and securities] affiliates, from marketing their products or services to you based on your personal information that we share with them. This information includes your [income], your [account history with us], and your [credit score]. • Your choice has expired or is about to expire. To renew your choice to limit marketing for [x] more years, contact us [include all that apply]: • By telephone: 1–877-###-#### • On the web: www.—.com • By mail: Check the box and complete the form below, and send the form to: [Company name] [Company address] llRenew my choice to limit marketing for [x] more years. B–4 Model Form for Renewal Notice (Joint Notice) [Renewing Your Choice To Limit Marketing]/ [Renewing Your Marketing Opt-Out] • The [ABC group of companies] is providing this notice. • [Optional: Federal law gives you the right to limit some but not all marketing from the [ABC] companies. Federal law also requires us to give you this notice to tell you about your choice to limit marketing from the [ABC] companies.] • You previously chose to limit the [ABC companies], such as the [ABC credit card, insurance, and securities] affiliates, from marketing their products or services to you based on your personal information that they receive from other [ABC] companies. This information includes your [income], your [account history], and your [credit score]. • Your choice has expired or is about to expire. To renew your choice to limit marketing for [x] more years, contact us [include all that apply]: • By telephone: 1–877-###-#### • On the web: www.—.com • By mail: Check the box and complete the form below, and send the form to: [Company name] [Company address] llRenew my choice to limit marketing for [x] more years. B–5 Model Form for Voluntary ‘‘No Marketing’’ Notice Your Choice To Stop Marketing • [Name of Affiliate] is providing this notice. • You may choose to stop all marketing from us and our affiliates. PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 • [Your choice to stop marketing from us and our all affiliates will apply until you tell us to change your choice.] To stop all marketing offers, contact us [include all that apply]: • By telephone: 1–877-###-#### • On the web: www.—.com • By mail: check the box and complete the form below, and send the form to: [Company name] [Company address] llDo not market to me. By direction of the Commission. April J. Tabor, Acting Secretary. [FR Doc. 2019–10110 Filed 5–21–19; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2019–0359] RIN 1625–AA08 Special Local Regulation; Clinch River, Oak Ridge, TN Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary special local regulation on the Clinch River from mile 48.5 to mile 52.0 extending from bank to bank to protect the participants of the Dogwood Masters Classic Regatta, vessels, and waterfront facilities from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature during the regatta in Oak Ridge, TN. Deviation from the special local regulation is prohibited unless specifically authorized by the Captain of the Port (COTP) Sector Ohio Valley or a designated representative. DATES: This rule is effective from 5:00 a.m. on May 24, 2019 through 5:00 p.m. May 25, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0359 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 First Class Nicholas Jones, Marine Safety Detachment Nashville U.S. Coast Guard; telephone 615–736–5421, email Nicholas.J.Jones@ uscg.mil. SUMMARY: E:\FR\FM\22MYR1.SGM 22MYR1 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Ohio Valley DHS Department of Homeland Security FR Federal Register MM Mile Marker NPRM Notice of proposed rulemaking § Section U.S.C. United States Code jbell on DSK3GLQ082PROD with RULES II. Background Information and Regulatory History 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 application submitted for the 2019 Dogwood Masters Classic Regatta was for a different weekend than previously approved in the CFR. A special local regulation on the Clinch River from mile 48.5 to mile 52.0 extending from bank to bank is necessary to provide appropriate protection for the participants in the Dogwood Masters Classic Regatta. It is impracticable to publish an NPRM because we must establish this special local regulation by May 24, 2019 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to the public interest because immediate action is necessary to prevent possible loss of life and property. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70041. The Captain of the Port Sector Ohio Valley (COTP) has determined that potential safety needs associated with the Dogwood Masters Classic Regatta from May 24, 2019 through May 25, 2019, present a safety concern. The purpose of this rulemaking is to ensure the safety of the regatta participants within the regulated area before, during, and after the scheduled times. VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 IV. Discussion of the Rule This rule establishes a temporary special local regulation on the Clinch River from mile 48.5 to mile 52.0 extending from bank to bank from May 24, 2019 through May 25, 2019. The duration of the special local regulation is intended to ensure the safety of the participants of the Dogwood Masters Classic Regatta before, during, and after the scheduled times. Vessels are not permitted to enter or transit this special local regulation without obtaining permission from the COTP or a designated representative. V. 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 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 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, duration, and time-of-day of the regulated area. This rule is limited to the Clinch River from mile 48.5 to mile 52.0 extending from bank to bank on May 24, 2019 through May 25, 2019, and will be enforced only during the times specified. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF–FM marine channel 16 about the regulated area and the rule allows vessels to seek permission to enter the area. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 23487 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 regulation may be small entities, for the reasons stated in section V.A above, this rule will 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 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 E:\FR\FM\22MYR1.SGM 22MYR1 23488 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations 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. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and record keeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SPECIAL LOCAL REGULATIONS/REGATTAS AND MARINE PARADES E. Unfunded Mandates Reform Act 1. The authority citation for part 100 continues to read as follows: ■ 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 Directive 023–01 and Commandant Instruction M16475.1D, 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 establishing a temporary special local regulation on the Clinch River from mile 48.5 to mile 52.0 extending from bank to bank on May 24, 2019 through May 25, 2019. It is categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. A Record of Environmental Consideration is not required; however, a Memorandum for Record supporting this determination is available in the docket where indicated under ADDRESSES. jbell on DSK3GLQ082PROD with RULES 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. VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 Authority: 46 U.S.C. 70041; 33 CFR 1.05– 1. 2. Add temporary § 100.T08–0359 to read as follows: ■ § 100T08–0359 Special Local Regulation; Clinch River, Oak Ridge, TN. (a) Location. The Clinch River, from mile 48.5 to mile 52.0 extending from bank to bank. (b) Periods of enforcement. This temporary special local regulation will be enforced from 5:00 a.m. on May 24, 2019 through 5:00 p.m. on May 25, 2019. (c) Regulations. (1) In accordance with the general regulations in § 100.35 of this part, entry into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley (COTP) or designated personnel. Moreover, persons or vessels desiring to enter into or pass through the special local regulated area must request permission from the COTP Sector Ohio Valley or a designated representative. They may be contacted on VHF–FM radio channel 16 or phone at 1–800–253–7465. (2) Persons and vessels permitted to deviate from the special local regulated area requirements as well as enter the restricted area must transit at the slowest safe speed and comply with all lawful directions issued by the COTP Sector Ohio Valley or a designated representative. (d) Informational broadcasts. The COTP Sector Ohio Valley or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the special local regulation, as well as any changes in the dates and times of enforcement. Dated: May 15, 2019. M.B. Zamperini, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. [FR Doc. 2019–10663 Filed 5–21–19; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2019–0108] RIN 1625–AA09 Drawbridge Operation Regulation; Hackensack River, Little Ferry, NJ Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is removing the existing drawbridge operation regulation for the S46 (New Jersey Department of Transportation) Bridge across Hackensack River, mile 14.0, at Little Ferry, New Jersey. The drawbridge was replaced with a fixed bridge in 2018 and the operating regulation is no longer applicable or necessary. DATES: This rule is effective May 22, 2019. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2019– 0108. In the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Ms. Judy Leung-Yee, Bridge Management Specialist, First Coast Guard District Bridge Program, telephone 212–514–4336, email Judy.K.Leung-Yee@uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register Pub. L. Public Law § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this 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), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with E:\FR\FM\22MYR1.SGM 22MYR1

Agencies

[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Rules and Regulations]
[Pages 23486-23488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10663]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0359]
RIN 1625-AA08


Special Local Regulation; Clinch River, Oak Ridge, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation on the Clinch River from mile 48.5 to mile 52.0 extending 
from bank to bank to protect the participants of the Dogwood Masters 
Classic Regatta, vessels, and waterfront facilities from destruction, 
loss, or injury from sabotage or other subversive acts, accidents, or 
other causes of a similar nature during the regatta in Oak Ridge, TN. 
Deviation from the special local regulation is prohibited unless 
specifically authorized by the Captain of the Port (COTP) Sector Ohio 
Valley or a designated representative.

DATES: This rule is effective from 5:00 a.m. on May 24, 2019 through 
5:00 p.m. May 25, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0359 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 First Class Nicholas Jones, Marine Safety 
Detachment Nashville U.S. Coast Guard; telephone 615-736-5421, email 
[email protected].

[[Page 23487]]


SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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 application submitted for the 
2019 Dogwood Masters Classic Regatta was for a different weekend than 
previously approved in the CFR. A special local regulation on the 
Clinch River from mile 48.5 to mile 52.0 extending from bank to bank is 
necessary to provide appropriate protection for the participants in the 
Dogwood Masters Classic Regatta. It is impracticable to publish an NPRM 
because we must establish this special local regulation by May 24, 2019 
and lack sufficient time to provide a reasonable comment period and 
then consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the public interest because immediate 
action is necessary to prevent possible loss of life and property.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Captain of the Port Sector Ohio Valley (COTP) has determined 
that potential safety needs associated with the Dogwood Masters Classic 
Regatta from May 24, 2019 through May 25, 2019, present a safety 
concern. The purpose of this rulemaking is to ensure the safety of the 
regatta participants within the regulated area before, during, and 
after the scheduled times.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation on the 
Clinch River from mile 48.5 to mile 52.0 extending from bank to bank 
from May 24, 2019 through May 25, 2019. The duration of the special 
local regulation is intended to ensure the safety of the participants 
of the Dogwood Masters Classic Regatta before, during, and after the 
scheduled times. Vessels are not permitted to enter or transit this 
special local regulation without obtaining permission from the COTP or 
a designated representative.

V. 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 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the regulated area. This rule is 
limited to the Clinch River from mile 48.5 to mile 52.0 extending from 
bank to bank on May 24, 2019 through May 25, 2019, and will be enforced 
only during the times specified. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
regulated area and the rule allows vessels to seek permission to enter 
the area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 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 regulation may be small entities, for the reasons stated 
in section V.A above, this rule will 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 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

[[Page 23488]]

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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 
establishing a temporary special local regulation on the Clinch River 
from mile 48.5 to mile 52.0 extending from bank to bank on May 24, 2019 
through May 25, 2019. It is categorically excluded from further review 
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01. A Record of Environmental Consideration is not 
required; however, a Memorandum for Record supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

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.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record keeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SPECIAL LOCAL REGULATIONS/REGATTAS AND MARINE PARADES

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add temporary Sec.  100.T08-0359 to read as follows:


Sec.  100T08-0359  Special Local Regulation; Clinch River, Oak Ridge, 
TN.

    (a) Location. The Clinch River, from mile 48.5 to mile 52.0 
extending from bank to bank.
    (b) Periods of enforcement. This temporary special local regulation 
will be enforced from 5:00 a.m. on May 24, 2019 through 5:00 p.m. on 
May 25, 2019.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.35 of this part, entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port Sector Ohio Valley 
(COTP) or designated personnel. Moreover, persons or vessels desiring 
to enter into or pass through the special local regulated area must 
request permission from the COTP Sector Ohio Valley or a designated 
representative. They may be contacted on VHF-FM radio channel 16 or 
phone at 1-800-253-7465.
    (2) Persons and vessels permitted to deviate from the special local 
regulated area requirements as well as enter the restricted area must 
transit at the slowest safe speed and comply with all lawful directions 
issued by the COTP Sector Ohio Valley or a designated representative.
    (d) Informational broadcasts. The COTP Sector Ohio Valley or a 
designated representative will inform the public through broadcast 
notices to mariners of the enforcement period for the special local 
regulation, as well as any changes in the dates and times of 
enforcement.

    Dated: May 15, 2019.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-10663 Filed 5-21-19; 8:45 am]
 BILLING CODE 9110-04-P