Special Local Regulation; Cumberland River, Hendersonville, TN, 51646-51648 [2020-18316]

Download as PDF 51646 ACTION: Federal Register / Vol. 85, No. 163 / Friday, August 21, 2020 / Rules and Regulations Final rule. This final rule removes the U.S. Army Corps of Engineers’ part titled Surface Transportation— Administrative Vehicle Management. This part is out-of-date and otherwise covers internal agency operations that have no public compliance component or adverse public impact. Therefore, this part can be removed from the CFR. DATES: This rule is effective on August 21, 2020. ADDRESSES: Department of the Army, U.S. Army Corps of Engineers, ATTN: CECW–P (Ms. Patricia Mutschler), 441 G Street NW, Washington, DC 20314– 1000. FOR FURTHER INFORMATION CONTACT: Ms. Patricia Mutschler at 202–761–4744 or by email at Patricia.L.Mutschler@ usace.army.mil. SUPPLEMENTARY INFORMATION: This final rule removes the U.S. Army Corps of Engineers’ 32 CFR part 625, Surface Transportation—Administrative Vehicle Management. The solicitation of public comment is unnecessary as each removed section in this part is out-ofdate and otherwise covers internal agency operations that have no public compliance component or adverse public impact. The regulation was initially promulgated on November 2, 1979 (44 FR 63099) to provide guidance and authorize dependents to accompany a Corps employee on Temporary Duty (TDY) in a Government-owned or leased motor vehicle. The regulation was promulgated for transparency purposes despite the content being directed solely to the issuing agency with no impact to the public. The removal of 32 CFR part 625 will bring the U.S. Army Corps of Engineers into compliance with DoD Manual 4500.36, ‘‘Acquisition, Management, and Use of DoD Non-Tactical Vehicles’’ (available at https://www.esd.whs.mil/ Portals/54/Documents/DD/issuances/ dodm/450036m.pdf?ver=2018-12-20085741-153); and Army Regulation 58– 1, ‘‘Management, Acquisition, and Use of Motor Vehicles’’ (available at https:// api.army.mil/e2/c/downloads/ 455098.pdf), which do not allow for the transportation of dependents in nontactical vehicles provided for DoD personnel when on Temporary Duty (TDY). This removal is being conducted to provide clarity and reduce confusion for the public as well as for the Corps regarding the current policy which governs the Corps’ use of non-tactical vehicles. The removal of the regulation will ensure the Corps’ policy complies with existing DoD and Army internal jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:00 Aug 20, 2020 Jkt 250001 agency guidance which has no future effect on the behavior of regulated parties and which can be found at the sources provided in this SUPPLEMENTARY INFORMATION section. In an effort to reduce the number of regulations the Corps has promulgated, the removal of an out-of-date regulation which is also out of compliance with current agency policy is appropriate. The regulation does not place a burden on the public; therefore, its removal does not provide a reduction in public burden or costs. This rule is not significant under Executive Order (E.O.) 12866, ‘‘Regulatory Planning and Review.’’ Therefore, the requirements of E.O. 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs,’’ do not apply. This removal supports a recommendation of the DoD Regulatory Reform Task Force. List of Subjects in 32 CFR part 625 Engineers Corps, Government employees, Government property management, Motor vehicles. Accordingly, for the reasons stated in the preamble and under the authority of 5 U.S.C. 301, the Corps of Engineers removes 32 CFR part 625. Dated: July 28, 2020. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. 2020–16695 Filed 8–20–20; 8:45 am] BILLING CODE 3720–58–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2020–0518] RIN 1625–AA08 Special Local Regulation; Cumberland River, Hendersonville, TN Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is issuing a marine event permit for the Waddle & Reed Inc. Boat in Movie, and establishing a temporary special local regulation for navigable waters on the Cumberland River from mile marker (MM) 236.0 to MM 237.5. The special local regulation is needed to protect personnel, vessels, and the marine environment from potential hazards created by the Boat in Movie night on August 22, 2020. Entry of vessels or persons into this zone is prohibited SUMMARY: PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 unless specifically authorized by the Captain of the Port Sector Ohio Valley. DATES: This rule is effective without actual notice from 7:30 p.m. until 9:30 p.m. on August 22, 2020. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2020– 0518 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. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History 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 of the hazards associated with the Boat in Movie night, and the need to address public safety via the implementation of a special local regulation. It is impracticable to publish an NPRM because we must establish this special local regulation by August 22, 2020. 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 impracticable and contrary to the public interest. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Ohio Valley E:\FR\FM\21AUR1.SGM 21AUR1 Federal Register / Vol. 85, No. 163 / Friday, August 21, 2020 / Rules and Regulations (COTP) has determined that potential hazards associated with the Boat in Movie night marine event will be a safety concern, and is establishing a special local regulation from mile marker (MM) 236.0 to 237.5 on the Cumberland River. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters for the duration of the event. IV. Discussion of the Rule This rule establishes a special local regulation from 7:30 p.m. until 9:30 p.m. on August 22, 2020. The special local regulation will cover all navigable waters between miles 236.0 to 237.5 on the Cumberland River. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters for the duration of the event. No vessel or person will be permitted to enter the regulated zone 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. jbell on DSKJLSW7X2PROD with RULES 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 special local regulation. This special local regulation restricts transit on a one and a half-mile segment of the Cumberland River for two hours on one day. Moreover, the Coast Guard would issue Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and Marine Safety Information Bulletins (MSIBs) about this special local regulation so that waterway users may plan accordingly for this short restriction on VerDate Sep<11>2014 16:00 Aug 20, 2020 Jkt 250001 transit, and the rule would allow vessels to request permission to enter the zone. 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 51647 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 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 two hours that will prohibit entry from mile 236.0 to 237.5 on the Cumberland River. 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. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. E:\FR\FM\21AUR1.SGM 21AUR1 51648 Federal Register / Vol. 85, No. 163 / Friday, August 21, 2020 / Rules and Regulations 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. [FR Doc. 2020–18316 Filed 8–20–20; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY List of Subjects in 33 CFR Part 100 Coast Guard Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: 33 CFR Part 165 [Docket Number USCG–2020–0415] RIN 1625–AA00 Emergency Safety Zone; Lower Mississippi River, Rosedale, MS PART 100—REGATTAS AND MARINE PARDES AGENCY: 1. The authority citation for part 100 continues to read as follows: SUMMARY: ■ Authority: 33 U.S.C. 70041; 33 CFR 1.05– 1. 2. Add § 100.T08–0518 to read as follows: ■ § 100.T08–0518 Special Local Regulation; Cumberland River, Hendersonville, TN jbell on DSKJLSW7X2PROD with RULES Dated: August 14, 2020. A.M. Beach, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. (a) Location. The Cumberland River, miles 236.0 to 237.5. (b) Periods of enforcement. This temporary special local regulation will be enforced from 7:30 p.m. until 9:30 p.m. on August 22, 2020. (c) Regulations. (1) In accordance with the general regulations in § 165.23 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 zone 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 regulation 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. VerDate Sep<11>2014 16:00 Aug 20, 2020 Jkt 250001 ACTION: Coast Guard, DHS. Temporary final rule. The Coast Guard is establishing a temporary safety zone for emergency purposes for all waters of the Lower Mississippi River (LMR), extending from River Mile Marker (MM) 592.0 to MM 595.0. The emergency safety zone is needed to protect persons, property, infrastructure, and the marine environment from the potential safety hazards associated with the salvage and diving effort of two sunken barges at MM 593.5, in the vicinity of the Victoria Bend Revetment, Rosedale, Mississippi. Deviation from the safety zone is prohibited unless specifically authorized by the Captain of the Port Lower Mississippi River or a designated representative. DATES: This rule is effective without actual notice from August 21, 2020 through August 31, 2020, or until all salvage and diving work is complete, whichever occurs earlier. For purposes of enforcement, actual notice will be used from August 3, 2020 through August 21, 2020. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2020– 0415 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 LT Adam J. Paz, U.S. Coast Guard; telephone 901–521–4825, email adam.j.paz@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 FR Federal Register LMR Lower Mississippi River MM River Mile Marker 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 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 salvage efforts for two sunken barges mid-river will impede the safe navigation of vessel traffic, and immediate action is needed to protect persons and property. Completing the full NPRM process is impracticable because we must establish this safety zone by August 3, 2020. 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 impracticable and contrary to the public interest because immediate action is needed to respond to the potential safety hazards associated with salvage operations in the vicinity of Victoria Bend Revetment. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP) Lower Mississippi River (LMR) has determined that potential hazards associated with the salvage of two sunken barges will be a safety concern for anyone within a one and one-half mile radius of the salvage and diving vessels and machinery. This rule is needed to protect persons, property, infrastructure, and the marine environment in all waters of the LMR within the safety zone while the salvage and diving work is being conducted. IV. Discussion of the Rule This rule establishes a temporary emergency safety zone from August 3, 2020 through August 31, 2020, or until all salvage and diving work is complete, whichever occurs earlier. The safety zone will cover all waters of the LMR from MM 592.0 to MM 595.0, extending the entire width of the river. The safety E:\FR\FM\21AUR1.SGM 21AUR1

Agencies

[Federal Register Volume 85, Number 163 (Friday, August 21, 2020)]
[Rules and Regulations]
[Pages 51646-51648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18316]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0518]
RIN 1625-AA08


Special Local Regulation; Cumberland River, Hendersonville, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is issuing a marine event permit for the 
Waddle & Reed Inc. Boat in Movie, and establishing a temporary special 
local regulation for navigable waters on the Cumberland River from mile 
marker (MM) 236.0 to MM 237.5. The special local regulation is needed 
to protect personnel, vessels, and the marine environment from 
potential hazards created by the Boat in Movie night on August 22, 
2020. Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port Sector Ohio Valley.

DATES: This rule is effective without actual notice from 7:30 p.m. 
until 9:30 p.m. on August 22, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0518 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
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 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 of the hazards associated with the 
Boat in Movie night, and the need to address public safety via the 
implementation of a special local regulation. It is impracticable to 
publish an NPRM because we must establish this special local regulation 
by August 22, 2020.
    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 impracticable and contrary to the public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Ohio 
Valley

[[Page 51647]]

(COTP) has determined that potential hazards associated with the Boat 
in Movie night marine event will be a safety concern, and is 
establishing a special local regulation from mile marker (MM) 236.0 to 
237.5 on the Cumberland River. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
for the duration of the event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 7:30 p.m. 
until 9:30 p.m. on August 22, 2020. The special local regulation will 
cover all navigable waters between miles 236.0 to 237.5 on the 
Cumberland River. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters for the duration of the event. No vessel or person will be 
permitted to enter the regulated zone 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 special local regulation. 
This special local regulation restricts transit on a one and a half-
mile segment of the Cumberland River for two hours on one day. 
Moreover, the Coast Guard would issue Broadcast Notices to Mariners 
(BNMs), Local Notices to Mariners (LNMs), and Marine Safety Information 
Bulletins (MSIBs) about this special local regulation so that waterway 
users may plan accordingly for this short restriction on transit, and 
the rule would allow vessels to request permission to enter the zone.

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 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 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 two 
hours that will prohibit entry from mile 236.0 to 237.5 on the 
Cumberland River. 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. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

[[Page 51648]]

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 recordkeeping 
requirements, Waterways.

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

PART 100--REGATTAS AND MARINE PARDES

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

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


0
2. Add Sec.  100.T08-0518 to read as follows:


Sec.  100.T08-0518  Special Local Regulation; Cumberland River, 
Hendersonville, TN

    (a) Location. The Cumberland River, miles 236.0 to 237.5.
    (b) Periods of enforcement. This temporary special local regulation 
will be enforced from 7:30 p.m. until 9:30 p.m. on August 22, 2020.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 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 zone 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 
regulation 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: August 14, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2020-18316 Filed 8-20-20; 8:45 am]
BILLING CODE 9110-04-P
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