Special Local Regulation; Tennessee River Miles 648 to 650; Knoxville, TN, 39959-39961 [2021-15805]
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Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules and Regulations
submitting written comments on the
proposal. No comments were received.
VOR Federal airways are published in
paragraph 6010(a) of FAA Order
7400.11E, dated July 21, 2020, and
effective September 15, 2020, which is
incorporated by reference in 14 CFR
71.1. The VOR Federal airways listed in
this document will be subsequently
published in the Order.
Availability and Summary of
Documents for Incorporation by
Reference
This action amends FAA Order
7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020
and effective September 15, 2020. FAA
Order 7400.11E is publicly available as
listed in the ADDRESSES section of this
rule. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
jbell on DSKJLSW7X2PROD with RULES
The Rule
This action amends 14 CFR part 71 by
modifying VOR Federal airways V–39
and V–93 in the northeast United States.
The route changes are described as
follows:
V–39: V–39 currently extends
between Sandhills, NC, and Mont Joli,
PQ, Canada. This action removes the
airway segments between Chester, MA,
and Augusta, ME. As amended, V–39
consists of two parts: From Sandhills,
NC, to Chester, MA; followed by a gap
in the route; then from Augusta, ME to
Mont Joli, PQ, Canada.
V–93: V–93 currently consists of two
parts: From Patuxent River, MD, to the
intersection of the Wilkes Barre, PA,
037° and the Sparta, NJ, 300° radials;
and from the intersection of the Sparta,
NJ, 018° and the Kingston, NY, 270°
radials, to Bangor, ME. This action
removes the segments between Chester,
MA, and Bangor, ME. As amended, V–
93 consists of two parts: From Patuxent
River, MD, to the intersection of the
Wilkes Barre, PA, 037° and the Sparta,
NJ, 300° radials; followed by a gap; then
from the intersection of the Sparta, NJ,
018° and the Kingston, NY, 270° radials,
to Chester, MA.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
Regulatory Notices and Analyses
The FAA has determined that this
action only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
VerDate Sep<11>2014
15:54 Jul 23, 2021
Jkt 253001
39959
‘‘significant rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
Environmental Review
V–39 [Amended]
From Sandhills, NC, South Boston, VA;
Gordonsville, VA; INT Gordonsville 331° and
Martinsburg, WV, 216° radials; Martinsburg;
Lancaster, PA; East Texas, PA; Sparta, NJ;
Carmel, NY; INT Carmel 045° and Bridgeport,
CT, 343° radials; INT Bridgeport 343° and
Chester, MA, 223° radials; to Chester, MA.
From Augusta, ME; Millinocket, ME; Presque
Isle, ME; to Mont Joli, PQ, Canada, excluding
the portion within Canada.
The FAA has determined that this
action of amending VOR Federal
airways V–39 and V–93, in the
northeastern United States qualifies for
categorical exclusion under the National
Environmental Policy Act (42 U.S.C.
4321 et seq.) and its implementing
regulations at 40 CFR part 1500, and in
accordance with FAA Order 1050.1F,
Environmental Impacts: Policies and
Procedures, paragraph 5–6.5a, which
categorically excludes from further
environmental impact review
rulemaking actions that designate or
modify classes of airspace areas,
airways, routes, and reporting points
(see 14 CFR part 71, Designation of
Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and
Reporting Points). As such, this action
is not expected to cause any potentially
significant environmental impacts. In
accordance with FAA Order 1050.1F,
paragraph 5–2 regarding Extraordinary
Circumstances, the FAA has reviewed
this action for factors and circumstances
in which a normally categorically
excluded action may have a significant
environmental impact requiring further
analysis. The FAA has determined that
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment or
environmental impact study.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR Part 71.1 of FAA Order
7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020
and effective September 15, 2020, is
amended as follows:
■
Paragraph 6010(a)
Airways.
*
*
*
*
*
*
Domestic VOR Federal
*
*
*
*
V–93 [Amended]
From Patuxent River, MD, INT Patuxent
013° and Baltimore, MD, 122° radials;
Baltimore; INT Baltimore 004° and Lancaster,
PA, 214° radials; Lancaster; Wilkes-Barre,
PA; to INT Wilkes-Barre 037° and Sparta, NJ
300° radials. From INT Sparta 018° and
Kingston, NY, 270° radials; Kingston;
Pawling, NY; to Chester, MA.
*
*
*
*
*
Issued in Washington, DC, on July 20,
2021.
George Gonzalez,
Acting Manager, Rules and Regulations
Group.
[FR Doc. 2021–15778 Filed 7–23–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0547]
RIN 1625–AA08
Special Local Regulation; Tennessee
River Miles 648 to 650; Knoxville, TN
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary special local
regulation on the Tennessee River from
MM 648 to 650 on August 1, 2021 from
7 a.m. to 11 a.m. This special local
regulation is needed to protect
SUMMARY:
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26JYR1
39960
Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules and Regulations
personnel, vessels, and the marine
environment from potential hazards
created during the high speed races
associated with the K-Town on the
River triathlon marine event. Entry into
the safety zone is prohibited unless
specifically authorized by the Captain of
the Port Sector Ohio Valley (COTP).
This rule is effective from 7 a.m.
to 11 a.m. on August 1, 2021.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0547 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions on this rule, call or
email MST1 Nicholas Jones, U.S. Coast
Guard; telephone 615–736–5421, email
Nicholas.J.Jones@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
jbell on DSKJLSW7X2PROD with RULES
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 it is
impracticable. We must establish this
regulation by August 1, 2021, 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 of the safety concerns
for the participants in the K-Town on
the River triathlon taking place on
August 1, 2021.
15:54 Jul 23, 2021
Jkt 253001
IV. Discussion of the Rule
This rule establishes a special local
regulation from 7 a.m. until 11 a.m. on
August 1, 2021. The special local
regulation will cover all navigable
waters from mile 648 to 650 on the
Tennessee River. The duration of the
zone is intended to protect participants
of the K-Town on the river triathlon. No
vessel or person or vessel, other than the
participants, will be permitted to enter
the safety 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.
II. Background Information and
Regulatory History
VerDate Sep<11>2014
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
(COTP) has determined that there are
safety concers for the participants of the
K-Town on the River Triathlon due to
the normal influx of both commercial
and recreactional vessel traffic. This
rule is needed to protect participants for
the duration of the swim portion of the
event.
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.
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).
This regulatory action determination
is based on the size location, and
duration of the zone. Vessel traffic will
be limited for a four hour duration on
one day.
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.
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
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 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 call or email 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
E:\FR\FM\26JYR1.SGM
26JYR1
Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules and Regulations
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.
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, Rev. 1, associated
implementing instructions, 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 4
hours that will prohibit entry from mile
648 to 650 on the Tennessee River. It is
categorically excluded from further
review under paragraph L[61] and
L[63a] of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1.
G. Protest Activities
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List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
15:54 Jul 23, 2021
2. Add § 100.T08–0547 to read as
follows:
■
§ 100.T08–0547 Tennessee River MM 648
to MM 650, Knoxville, TN.
(a) Regulated area. The regulations in
this section apply to the following area:
All waters of the Tennessee River from
MM 648 to 650.
(b) Regulations. (1) All nonparticipants are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area described in paragraph (a) of this
section unless authorized by the Captain
of the Port Sector Ohio Valley (COTP)
or their designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by phone at 502–779–
5422. Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP or
the designated representative.
(3) The COTP will provide notice of
the regulated area through advanced
notice via broadcast notice to mariners.
(c) Enforcement period. This section
will be enforced on Auguest 1, 2021,
from 7 a.m. to 11 a.m.
Jkt 253001
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2021–0099 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 Mr. Omar Beceiro, U.S. Coast
Guard Sector Miami Waterways
Management Division, telephone 305–
535–4317, email Omar.Beceiro@
uscg.mil.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
FL Florida
AGENCY:
II. Background Information and
Regulatory History
On March 5, 2021, the Coast Guard
published a Test Deviation, with a
request for comments, entitled
‘‘Drawbridge Operation Regulation;
Okeechobee Waterway, Indiantown,
FL,’’ in the Federal Register (86 FR
12821), to test this operating schedule
for the Seaboard System Railroad
Bridge. Zero comments were received
during the test period.
On April 12, 2021, the Coast Guard
published a notice of proposed
rulemaking entitled ‘‘Drawbridge
Operation Regulation; Okeechobee
Waterway, Indiantown, FL,’’ in the
Federal Register (86 FR 18929). There
we stated why we issued the NPRM,
and invited comments on our proposed
regulatory action related to this
regulatory change. During the comment
period that ended June 11, 2021, we
received one comment which is
addressed in Section IV of this final
rule.
The Coast Guard is changing
the operating schedule that governs the
Seaboard System Railroad Bridge, across
the Okeechobee Waterway, mile 28.2, at
Indiantown, FL. This change will allow
the swing bridge to be remotely
operated, change the start and end times
for advance notification for an opening
during the overnight hours and update
the name of the bridge.
DATES: This rule is effective August 25,
2021.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499. The
Seaboard System Railroad Bridge across
the Okeechobee Waterway, mile 28.2, at
Indiantown, FL, is a swing bridge with
a seven-foot vertical clearance at mean
high water in the closed position.
Navigation on the waterway is
commercial and recreational. The
operating schedule for the bridge is set
forth in 33 CFR 117.317(e).
The rule allows the swing bridge to be
remotely monitored and operated. The
Dated: July 14, 2021.
A.M. Beach,
Captian, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2021–15805 Filed 7–23–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
VerDate Sep<11>2014
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
39961
[Docket No. USCG–2021–0099]
RIN 1625–AA09
Drawbridge Operation Regulation;
Okeechobee Waterway, Indiantown, FL
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule.
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Rules and Regulations]
[Pages 39959-39961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15805]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0547]
RIN 1625-AA08
Special Local Regulation; Tennessee River Miles 648 to 650;
Knoxville, TN
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation on the Tennessee River from MM 648 to 650 on August 1, 2021
from 7 a.m. to 11 a.m. This special local regulation is needed to
protect
[[Page 39960]]
personnel, vessels, and the marine environment from potential hazards
created during the high speed races associated with the K-Town on the
River triathlon marine event. Entry into the safety zone is prohibited
unless specifically authorized by the Captain of the Port Sector Ohio
Valley (COTP).
DATES: This rule is effective from 7 a.m. to 11 a.m. on August 1, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0547 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Nicholas Jones, 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
MM Mile Marker
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. We must
establish this regulation by August 1, 2021, 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 of the safety
concerns for the participants in the K-Town on the River triathlon
taking place on August 1, 2021.
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 (COTP) has determined that there are safety concers for the
participants of the K-Town on the River Triathlon due to the normal
influx of both commercial and recreactional vessel traffic. This rule
is needed to protect participants for the duration of the swim portion
of the event.
IV. Discussion of the Rule
This rule establishes a special local regulation from 7 a.m. until
11 a.m. on August 1, 2021. The special local regulation will cover all
navigable waters from mile 648 to 650 on the Tennessee River. The
duration of the zone is intended to protect participants of the K-Town
on the river triathlon. No vessel or person or vessel, other than the
participants, will be permitted to enter the safety 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. 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).
This regulatory action determination is based on the size location,
and duration of the zone. Vessel traffic will be limited for a four
hour duration on one day.
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
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
call or email 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
[[Page 39961]]
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.
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, Rev. 1, associated implementing instructions, 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 4 hours that will prohibit entry
from mile 648 to 650 on the Tennessee River. It is categorically
excluded from further review under paragraph L[61] and L[63a] of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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--SAFETY OF LIFE ON NAVIGABLE WATERS
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.T08-0547 to read as follows:
Sec. 100.T08-0547 Tennessee River MM 648 to MM 650, Knoxville, TN.
(a) Regulated area. The regulations in this section apply to the
following area: All waters of the Tennessee River from MM 648 to 650.
(b) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port Sector Ohio Valley (COTP) or
their designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by phone at 502-779-5422. Those in the regulated area
must comply with all lawful orders or directions given to them by the
COTP or the designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners.
(c) Enforcement period. This section will be enforced on Auguest 1,
2021, from 7 a.m. to 11 a.m.
Dated: July 14, 2021.
A.M. Beach,
Captian, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-15805 Filed 7-23-21; 8:45 am]
BILLING CODE 9110-04-P
