Special Local Regulation; Tennessee River, Florence, AL, 48276-48278 [2019-19837]

Download as PDF 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 Frm 00048 Fmt 4700 Sfmt 4700 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 Sfmt 4700 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 Sfmt 4700 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