Special Local Regulation; Tennessee River, Chattanooga, TN, 49941-49943 [2021-19103]
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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Proposed Rules
Aviation Administration proposes to
amend 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 14 CFR
part 71 continues to read as follows:
■
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.
71.1
[Amended]
2. The incorporation by reference in
14 CFR 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:
■
*
*
*
*
AGL IL E5 Galesburg, IL [Amended]
Galesburg Municipal Airport, IL
(Lat. 40°56′17″ N, long. 90°25′52″ W)
Monmouth Municipal Airport, IL
(Lat. 40°55′47″ N, long. 90°37′52″ W)
That airspace extending upward from 700
feet above the surface within a 6.5-mile
radius of the Galesburg Municipal Airport,
and within a 6.3-mile radius of the
Monmouth Municipal Airport.
Issued in Fort Worth, Texas, on August 31,
2021.
Martin A. Skinner,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2021–19107 Filed 9–3–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0678]
RIN 1625–AA08
Special Local Regulation; Tennessee
River, Chattanooga, TN
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary special local
regulation for navigable waters of the
Tennessee River from mile 452.0 to
454.5. This action is necessary to
provide for the safety of life on these
navigable waters near Chattanooga, TN,
during a swimming event on October 9,
2021. This proposed rulemaking would
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
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16:43 Sep 03, 2021
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If
you have questions about this proposed
rulemaking, call or email Petty Officer
Third Class Joshua Rehl, Marine Safety
Detachment Nashville, U.S. Coast
Guard; telephone 615–736–5421, email
Joshua.M.Rehl@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
prohibit persons and vessels from being
in the special local regulation unless
authorized by the Captain of the Port
Sector Ohio Valley or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before September 22, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0678 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
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, Purpose, and Legal
Basis
On October 9, 2021, the Chattanooga
Open Water Swimmers notified the
Coast Guard that it will be conducting
the Swim the Suck from 9:30 a.m. to
11:30 a.m. on October 9, 2021. The
swimmers will start at Suck Creek Boat
Ramp and cross the river immediately
and continue to swim downriver for 10
miles ending at TN River Gardens in
Chattanooga, TN. The COTP has
determined that potential hazards
associated with the Swim the Suck
swimming event will be a safety
concern, and a temporary special local
regulation is needed. This proposed rule
is needed to the swimmerst in the
navigable waters within the temporary
special local regulation during the Swim
the Suck event.
The purpose of this proposed
rulemaking is to ensure the safety of life
and the navigable waters within a 2.5
mile span of the river where the
swimmers will be during the scheduled
event. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
The Coast Guard is issuing this notice
of proposed rulemaking (NPRM) with a
15-day prior notice and opportunity to
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49941
comment pursuant to section (b)(3) of
the Administrative Procedure Act (APA)
(5 U.S.C. 553). This provision authorizes
an agency to publish a rule in less than
30 days before its effective date for
‘‘good cause found and published with
the rule.’’ Under 5 U.S.C. 553(b)(3)(B),
the Coast Guard finds that good cause
exists for publishing this NPRM with a
15-day comment period because it is
impracticable to provide a 30-day
comment period because we must
establish this safety zone by October 9,
2021. A 15-day comment period would
allow the Coast Guard to provide for
public notice and comment, but also
update the proposed regulation soon
enough that the length of the notice and
comment period does not compromise
safety.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
special local regulation from 9:30 a.m.
to 11:30 a.m. on October 9, 2021. The
special local regulation would cover all
navigable waters within 2.5 miles of the
Swim the Suck event in the Tennessee
River located between miles 452 and
454.5 in Chattanooga, TN. The duration
of the zone is intended to ensure the
safety of the swimmers in these
navigable waters before, during, and
after the scheduled 9:30 to 11:30 a.m.
Swim the Suck event. No vessel or
person would be permitted to enter the
special local regulation without
obtaining permission from the COTP or
a designated representative. The
regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone. The
proposed safety zone would last for 2
hours, after which time vessels will be
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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Proposed Rules
able to transit freely. Moreover, the
Coast Guard would issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the zone, and the rule
would allow vessels to seek permission
to enter the zone.
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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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would 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
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16:43 Sep 03, 2021
Jkt 253001
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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 proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves a special local regulation
lasting 2 hours that would prohibit
entry between miles 452 to 454.5 of the
Tennessee River. Normally such actions
are 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. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
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Sfmt 4702
on locating the docket, see the
section of this preamble. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
ADDRESSES
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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2021–0678 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Proposed Rules
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 33 CFR Part 100
33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
[Docket Number USCG–2021–0679]
Coast Guard
RIN 1625–AA08
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 100 as follows:
Special Local Regulation; Tennessee
River, Mile Markers 462.7–465.5,
Chattanooga, TN
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T08–0678 to read as
follows:
■
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§ 100.T08–0678 Chattanooga, TN.
Tennessee River, mile marker 452 to mile
marker 454.5.
(a) Regulated area. The regulations in
this section apply to the following area:
All waters of the Tennessee River
between mile 452 and 454.5 in the
Tennessee River, extending from bank
to bank within the river.
(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 Sector Ohio Valley
command center 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
and by on-scene designated
representatives.
(c) Enforcement period. This section
will be enforced from 9:30 a.m. to 11:30
a.m. on October 9, 2021.
Dated: August 24, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2021–19103 Filed 9–3–21; 8:45 am]
BILLING CODE 9110–04–P
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The Coast Guard is proposing
to establish a temporary special local
regulation for navigable waters on the
Tennessee River from mile 462.7 to mile
465.5. The special local regulation is
needed to protect life and the marine
environment from potential hazards
created by the Chattajack rowing event.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Sector Ohio Valley or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before September 22, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0679 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
further instructions on submitting
comments.
SUMMARY:
1. The authority citation for part 100
continues to read as follows:
■
If
you have questions about this proposed
rulemaking, call or email Petty Officer
First Class Nicholas Jones and Marine
Safety Detachment Nashville, U.S. Coast
Guard; telephone 615–736–5421, email
Nicholas.J.Jones@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
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
The Coast Guard was notified by
Chattajack LLC of a proposed rowing
event on the Tennessee River. The event
would take place on October 23, 2021
from 7 a.m. to 4 p.m. However, the
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49943
requested river closure was for the first
2 hours of the race, from 7 a.m. to 9
a.m.. The COTP has determined that
there is a need to protect the
participants of the rowing event due to
the high concentration of rowers at the
start of the event between MM 462.7
and MM 465.5 on the Tennessee River.
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP
has determined that there is a need to
provide additional safety measures for
the participants in the Chattajack
rowing event, and a temporary special
local regulation is needed. This propsed
rule is needed to protect life and the
marine environment in the navigable
waters within the temporary special
local regulation during the first two
hours of the event.
The purpose of this proposed
rulemaking is to ensure the safety of the
participants in the Chattjack event
within a 2.8 mile span of the river
where there will be a high concentration
of rowers.. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest as the temporary special local
regulation has to be established by
October 23, 2021 to provide for the
safety of life on these navigable waters
III. Discussion of Proposed Rule
This proposed rule would establish a
special local regulation from 7 a.m. until
9 a.m. on October 23, 2021. The
proposed temporary special local
regulation would cover all navigable
waters of the Tennessee River between
miles 462.7 to 465.5. The duration of the
regulated area is intended to protect the
rowers in the Chattajack event during
the period where there will be a high
concentration of rowers. No vessel or
person would be permitted to enter the
special local regulation without
obtaining permission from the COTP or
a designated representative. Persons or
vessels seeking to enter the special local
regulation must request permission from
the COTP or a designated representative
on VHF–FM radio channel 16 or phone
at 1–800–253–7465. If permission is
granted, all persons and vessels shall
comply with the instructions of the
COTP or designated representative. The
COTP or a designated representative
will inform the public of the
enforcement times and date for this
special local regulation through
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]]>Agencies
[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Proposed Rules]
[Pages 49941-49943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19103]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0678]
RIN 1625-AA08
Special Local Regulation; Tennessee River, Chattanooga, TN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation for navigable waters of the Tennessee River from mile
452.0 to 454.5. This action is necessary to provide for the safety of
life on these navigable waters near Chattanooga, TN, during a swimming
event on October 9, 2021. This proposed rulemaking would prohibit
persons and vessels from being in the special local regulation unless
authorized by the Captain of the Port Sector Ohio Valley or a
designated representative. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 22, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0678 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Third Class Joshua
Rehl, 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, Purpose, and Legal Basis
On October 9, 2021, the Chattanooga Open Water Swimmers notified
the Coast Guard that it will be conducting the Swim the Suck from 9:30
a.m. to 11:30 a.m. on October 9, 2021. The swimmers will start at Suck
Creek Boat Ramp and cross the river immediately and continue to swim
downriver for 10 miles ending at TN River Gardens in Chattanooga, TN.
The COTP has determined that potential hazards associated with the Swim
the Suck swimming event will be a safety concern, and a temporary
special local regulation is needed. This proposed rule is needed to the
swimmerst in the navigable waters within the temporary special local
regulation during the Swim the Suck event.
The purpose of this proposed rulemaking is to ensure the safety of
life and the navigable waters within a 2.5 mile span of the river where
the swimmers will be during the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
The Coast Guard is issuing this notice of proposed rulemaking
(NPRM) with a 15-day prior notice and opportunity to comment pursuant
to section (b)(3) of the Administrative Procedure Act (APA) (5 U.S.C.
553). This provision authorizes an agency to publish a rule in less
than 30 days before its effective date for ``good cause found and
published with the rule.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard
finds that good cause exists for publishing this NPRM with a 15-day
comment period because it is impracticable to provide a 30-day comment
period because we must establish this safety zone by October 9, 2021. A
15-day comment period would allow the Coast Guard to provide for public
notice and comment, but also update the proposed regulation soon enough
that the length of the notice and comment period does not compromise
safety.
III. Discussion of Proposed Rule
The COTP is proposing to establish a special local regulation from
9:30 a.m. to 11:30 a.m. on October 9, 2021. The special local
regulation would cover all navigable waters within 2.5 miles of the
Swim the Suck event in the Tennessee River located between miles 452
and 454.5 in Chattanooga, TN. The duration of the zone is intended to
ensure the safety of the swimmers in these navigable waters before,
during, and after the scheduled 9:30 to 11:30 a.m. Swim the Suck event.
No vessel or person would be permitted to enter the special local
regulation without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The proposed
safety zone would last for 2 hours, after which time vessels will be
[[Page 49942]]
able to transit freely. Moreover, the Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow vessels to seek 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves a special
local regulation lasting 2 hours that would prohibit entry between
miles 452 to 454.5 of the Tennessee River. Normally such actions are
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. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2021-0678 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy
[[Page 49943]]
and submissions to the docket in response to this document, see DHS's
eRulemaking System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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.T08-0678 to read as follows:
Sec. 100.T08-0678 Chattanooga, TN. Tennessee River, mile marker 452
to mile marker 454.5.
(a) Regulated area. The regulations in this section apply to the
following area: All waters of the Tennessee River between mile 452 and
454.5 in the Tennessee River, extending from bank to bank within the
river.
(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 Sector Ohio Valley command center 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 and by on-scene
designated representatives.
(c) Enforcement period. This section will be enforced from 9:30
a.m. to 11:30 a.m. on October 9, 2021.
Dated: August 24, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-19103 Filed 9-3-21; 8:45 am]
BILLING CODE 9110-04-P
