Special Local Regulation; Tennessee River, Florence, AL, 48276-48278 [2019-19837]
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48276
Federal Register / Vol. 84, No. 178 / Friday, September 13, 2019 / Rules and Regulations
FURTHER INFORMATION CONTACT
section
PART 100—SPECIAL LOCAL
REGULATIONS/REGATTAS AND
MARINE PARADES
above.
E. Unfunded Mandates Reform Act
■
F. Environment
(a) Location. The Tennessee River
from 254.0 to 258.0 extending from bank
to bank within the river.
(b) Periods of enforcement. This
Special Local Regulation will be
enforced from 6:00 a.m. to 9:00 a.m. on
September 22, 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.
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
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 a
special local regulation lasting only 3
hours that will prohibit entry on the
Tennessee River from mile marker
254.0–258.0.
It is categorically excluded from
further review under paragraph L61in
Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures 5090.1. A Memorandum for
the 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
khammond on DSKBBV9HB2PROD with RULES
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.
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:
VerDate Sep<11>2014
16:11 Sep 12, 2019
Jkt 247001
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR 100
[Docket Number USCG–2019–0768]
1.
RIN 1625–AA08
■
2. Add temporary § 100.T08–0681 to
read as follows:
Special Local Regulation; Tennessee
River, Florence, AL
§ 100T08–0681 Special Local Regulation;
Tennessee River, Florence Alabama.
AGENCY:
100T08–0681 Special Local
Regulation; Tennessee River, Florence
Alabama.
Dated: September 4, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2019–19879 Filed 9–12–19; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
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Fmt 4700
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ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary special local
regulation on the Tennessee River from
mile 255 to 257 on September 14, 2019.
This special local regulation is needed
to protect personnel, vessels, and the
marine environment from potential
hazards created during the Shoals
Dragon Boat Festival. Entry into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Sector Ohio Valley (COTP) or a
designated representative.
DATES: This rule is effective from 9 a.m.
through 4 p.m. on September 14, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0768 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:
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
NPRM Notice of proposed rulemaking
§ 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
E:\FR\FM\13SER1.SGM
13SER1
Federal Register / Vol. 84, No. 178 / Friday, September 13, 2019 / Rules and Regulations
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 it is
impracticable. It is impracticable to
publish an NPRM because we must
establish this special local regulation by
September 14, 2019 and lack sufficient
time to provide a reasonable comment
period and then consider those
comments before issuing this 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 public
interest because immediate action is
necessary to respond to the potential
safety hazards associated with the boat
festival.
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, and
duration of the regulated area. This rule
is impacts a two-mile stretch of the
Tennessee River from mile 255 to mile
257 from 9 a.m. through 4 p.m. on
September 14, 2019. 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.
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 Shoals
Dragon Boat Festival event on
September 14, 2019 present a safety
concern. The purpose of this rule is to
ensure the safety of the Shoals Dragon
Boat Festival participants within the
regulated area before, during, and after
the scheduled times.
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 this
temporary regulated area 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
khammond on DSKBBV9HB2PROD with RULES
IV. Discussion of the Rule
This rule establishes a temporary
special local regulation on the
Tennessee River from mile 255 to mile
257 on September 14, 2019 from 9 a.m.
through 4 p.m. The special local
regulation zone is intended to ensure
the safety of the participants of the
Shoals Dragon Boat Festival before,
during, and after the scheduled times.
Vessels are not permitted to enter or
transit the 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
VerDate Sep<11>2014
16:11 Sep 12, 2019
Jkt 247001
PO 00000
Frm 00049
Fmt 4700
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48277
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
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
E:\FR\FM\13SER1.SGM
13SER1
48278
Federal Register / Vol. 84, No. 178 / Friday, September 13, 2019 / Rules and Regulations
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 Tennessee River from
mile 255 to 257. The regulated area,
specified in the discussion portion of
this rule, will be in effect from 9 a.m.
through 4 p.m. on September 14, 2019.
It is categorically excluded from further
review under paragraph L61 in Table 3–
1 of U.S. Coast Guard Environmental
Planning Implementing Procedures
5090.1.
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.
Dated: September 9, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2019–19837 Filed 9–12–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
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:
[Docket Number USCG–2019–0686]
PART 100—SPECIAL LOCAL
REGULATIONS/REGATTAS AND
MARINE PARADES
SUMMARY:
RIN 1625–AA00
Safety Zone; San Juan Harbor, San
Juan, PR
ACTION:
1. The authority citation for part 100
continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T08–0768 to read as
follows:
■
§ 100.T08–0768 Special Local Regulation;
Tennessee River, Florence, AL.
(a) Location. The Tennessee River
mile 255 to 257.
(b) Periods of enforcement. This
temporary special local regulation will
be enforced from 9 a.m. through 4 p.m.
on September 14, 2019.
(c) Regulations. (1) In accordance with
the general regulations in § 100.35 of
this part, entry into this regulated area
is prohibited unless specifically
authorized by the Captain of the Port
Sector Ohio Valley (COTP) or
designated personnel. Persons or vessels
desiring to enter into or pass through
the special local regulated area must
request permission from the COTP or a
designated representative. They may be
VerDate Sep<11>2014
16:11 Sep 12, 2019
Jkt 247001
Coast Guard, DHS.
Temporary final rule.
AGENCY:
■
khammond on DSKBBV9HB2PROD with RULES
contacted on VHF–FM radio channel 16
or phone at 1–800–253–7465.
(2) Persons and vessels permitted to
enter the special local regulated area
must transit at the slowest safe speed
and comply with all lawful directions
issued by the COTP or a designated
representative.
(d) Informational broadcasts. The
COTP 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.
The Coast Guard is
establishing a temporary safety zone for
navigable waters within an area of one
half mile around each Liquefied Gas
carrier entering and departing San Juan
Harbor and a 50-yard radius around
each vessel when moored at the Puma
Energy dock, Catan˜o Oil dock, or Wharf
B. This safety zone is needed to protect
personnel, transiting vessels, and
Liquefied Gas carriers. Entry of vessels
or persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port San Juan or his
designated representative.
DATES: This rule is effective without
actual notice from September 13, 2019
until 11:59 p.m. on November 15, 2019.
For the purposes of enforcement, actual
notice will be used from 12:01 a.m. on
August 25, 2019 September 13, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0686 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
PO 00000
Frm 00050
Fmt 4700
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further instructions on submitting
comments.
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Commander Pedro Mendoza, Sector San
Juan Prevention Department, Waterways
Management Division, U.S. Coast
Guard; telephone 787–729–2374, email
Pedro.L.Mendoza@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LNG Liquefied Natural Gas
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The existing regulation in 33 CFR
165.754, contains a moving safety zone
around transiting Liquefied Petroleum
(LPG) carriers en route to, or departing
from, the Gulf Refinery Oil dock or the
Catan˜o Oil dock. On December 12, 2017,
the Coast Guard received a request to
assess the waterway suitability of
transiting and semi-permanently
moored liquefied natural gas (LNG)
carriers within the San Juan Harbor. On
September 26, 2018, the Coast Guard
determined the Port of San Juan could
accommodate the safe navigation and
mooring of LNG carriers within the San
Juan Harbor. On July 26, 2019, U.S
Coast Guard Sector San Juan and New
Fortress Energy held two public
meetings in San Juan, Puerto Rico.
There were approximately 50 attendees
and 20 comments received. The public
meetings’ summary and comments have
been added to this docket number.
Due to their highly volatile cargoes,
size, draft, and the local channel
restrictions, LPG carrier require use of
the center of these channels for safe
navigation. The COTP San Juan has
determined that potential hazards
associated with LNG carriers would be
a safety concern for anyone within 50yards of these carriers. The purpose of
this rule is to ensure the safety of
vessels and the navigable waters within
a 50-yard radius of LNG and LPG
carriers transiting San Juan Harbor. The
temporary final rule would safeguard
vessels at an adjacent berthing location,
Puerto Nuevo Berth B, which supplies
LNG to the Puerto Rico Electric Power
Authority (PREPA) and other industrial
sectors.
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
E:\FR\FM\13SER1.SGM
13SER1
]]>Agencies
[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Rules and Regulations]
[Pages 48276-48278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19837]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR 100
[Docket Number USCG-2019-0768]
RIN 1625-AA08
Special Local Regulation; Tennessee River, Florence, AL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation on the Tennessee River from mile 255 to 257 on September 14,
2019. This special local regulation is needed to protect personnel,
vessels, and the marine environment from potential hazards created
during the Shoals Dragon Boat Festival. Entry into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Ohio Valley (COTP) or a designated representative.
DATES: This rule is effective from 9 a.m. through 4 p.m. on September
14, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0768 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].
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
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
[[Page 48277]]
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 it is
impracticable. It is impracticable to publish an NPRM because we must
establish this special local regulation by September 14, 2019 and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing this 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 public interest because immediate action
is necessary to respond to the potential safety hazards associated with
the boat festival.
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 Shoals Dragon Boat
Festival event on September 14, 2019 present a safety concern. The
purpose of this rule is to ensure the safety of the Shoals Dragon Boat
Festival 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
Tennessee River from mile 255 to mile 257 on September 14, 2019 from 9
a.m. through 4 p.m. The special local regulation zone is intended to
ensure the safety of the participants of the Shoals Dragon Boat
Festival before, during, and after the scheduled times. Vessels are not
permitted to enter or transit the 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, and duration of the regulated area. This rule is impacts a
two-mile stretch of the Tennessee River from mile 255 to mile 257 from
9 a.m. through 4 p.m. on September 14, 2019. 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 this
temporary regulated area 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 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 Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
[[Page 48278]]
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 Tennessee River from mile 255
to 257. The regulated area, specified in the discussion portion of this
rule, will be in effect from 9 a.m. through 4 p.m. on September 14,
2019. It is categorically excluded from further review under paragraph
L61 in Table 3-1 of U.S. Coast Guard Environmental Planning
Implementing Procedures 5090.1.
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 Sec. 100.T08-0768 to read as follows:
Sec. 100.T08-0768 Special Local Regulation; Tennessee River,
Florence, AL.
(a) Location. The Tennessee River mile 255 to 257.
(b) Periods of enforcement. This temporary special local regulation
will be enforced from 9 a.m. through 4 p.m. on September 14, 2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.35 of this part, entry into this regulated area is prohibited
unless specifically authorized by the Captain of the Port Sector Ohio
Valley (COTP) or designated personnel. Persons or vessels desiring to
enter into or pass through the special local regulated area must
request permission from the COTP 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 enter the special local
regulated area must transit at the slowest safe speed and comply with
all lawful directions issued by the COTP or a designated
representative.
(d) Informational broadcasts. The COTP 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: September 9, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-19837 Filed 9-12-19; 8:45 am]
BILLING CODE 9110-04-P
