Special Local Regulation; Tennessee River, Mile Markers 462.7-465.5, Chattanooga, TN, 49943-49945 [2021-19104]
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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:
■
lotter on DSK11XQN23PROD with PROPOSALS1
§ 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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16:43 Sep 03, 2021
Jkt 253001
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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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Proposed Rules
Broadcast Notices to Mariners, Local
Notices to Mariners, and/or Safety
Marine Information Broadcasts as
appropriate.
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.
lotter on DSK11XQN23PROD with PROPOSALS1
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 special local
regulation. The proppsed special local
regulation would last for only two
hours, after which time vessels will be
able to transit freely. Moreover, the
Coast Guard would issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the area, and the rule
would allow vessels to seek permission
to enter the area.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this 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 special
local regulation 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
VerDate Sep<11>2014
16:43 Sep 03, 2021
Jkt 253001
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
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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 30 minutes that would prohibit
entry within 2.8 miles 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. 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.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
E:\FR\FM\07SEP1.SGM
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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Proposed Rules
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T08–0679 to read as
follows:
■
lotter on DSK11XQN23PROD with PROPOSALS1
§ 100.T08–0679
to 465.5
Tennessee River MM 462.7
(a) Regulated area. The regulations in
this section apply to the following area:
Tennessee River MM 462.7 to 465.5
extending the entire width of 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 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
and local notice to mariners.
(c) Enforcement period. This section
will be enforced from 7 a.m. to 9 a.m.
on October 23, 2021.
VerDate Sep<11>2014
16:43 Sep 03, 2021
Jkt 253001
Dated: August 27, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2021–19104 Filed 9–3–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2021–0053;
FF09E21000 FXES11110900000 212]
RIN 1018–BF38
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for the Miami Tiger Beetle
(Cicindelidia Floridana)
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
designate critical habitat for the Miami
tiger beetle (Cicindelidia floridana)
under the Endangered Species Act (Act).
In total, approximately 1,977 acres (ac)
(800 hectares (ha)) in Miami-Dade
County, Florida, fall within the
boundaries of the proposed critical
habitat designation. If we finalize this
rule as proposed, it would extend the
Act’s protections to this species’ critical
habitat. We also announce the
availability of a draft economic analysis
of the proposed designation of critical
habitat for the Miami tiger beetle.
DATES: We will accept comments
received or postmarked on or before
November 8, 2021. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m.
Eastern Time on the closing date. We
must receive requests for a public
hearing, in writing, at the address
shown in FOR FURTHER INFORMATION
CONTACT by October 22, 2021.
ADDRESSES: You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R4–ES–2021–0053, which is
the docket number for this rulemaking.
Then, click on the Search button. On the
resulting page, in the Search panel on
the left side of the screen, under the
Document Type heading, check the
Proposed Rule box to locate this
document. You may submit a comment
by clicking on ‘‘Comment.’’
SUMMARY:
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49945
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–R4–ES–2021–0053, U.S. Fish and
Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see
Information Requested, below, for more
information).
Availability of supporting materials:
For the critical habitat designation, the
coordinates or plot points or both from
which the maps are generated are
included in the decision file for this
rulemaking and are available at https://
www.regulations.gov under Docket No.
FWS–R4–ES–2021–0053 and at
www.fws.gov/verobeach/. Any
supporting information that we
developed for this critical habitat
designation will be available on the
Service’s website or at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Roxanna Hinzman, Field Supervisor,
U.S. Fish and Wildlife Service, Florida
Ecological Services Field Office, 1339
20th Street, Vero Beach, FL 32960;
telephone 772–562–3909. Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under
the Endangered Species Act, any species
that is determined to be a threatened or
endangered species requires critical
habitat to be designated, to the
maximum extent prudent and
determinable. Designations and
revisions of critical habitat can only be
completed by issuing a rule.
What this document does. We
propose the designation of critical
habitat for the Miami tiger beetle, which
is listed as endangered.
The basis for our action. Section
3(5)(A) of the Act defines critical habitat
as (i) the specific areas within the
geographical area occupied by the
species, at the time it is listed, on which
are found those physical or biological
features (I) essential to the conservation
of the species and (II) which may
require special management
considerations or protections; and (ii)
specific areas outside the geographical
area occupied by the species at the time
it is listed, upon a determination by the
Secretary that such areas are essential
for the conservation of the species.
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]]>Agencies
[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Proposed Rules]
[Pages 49943-49945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19104]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0679]
RIN 1625-AA08
Special Local Regulation; Tennessee River, Mile Markers 462.7-
465.5, Chattanooga, TN
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: 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.
FOR FURTHER INFORMATION CONTACT: 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 [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
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 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
[[Page 49944]]
Broadcast Notices to Mariners, Local Notices to Mariners, and/or Safety
Marine Information Broadcasts as appropriate.
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 special local regulation.
The proppsed special local regulation would last for only two hours,
after which time vessels will be able to transit freely. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the area, and the rule would allow vessels to
seek permission to enter the area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
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
special local regulation 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 30 minutes that would prohibit entry within
2.8 miles 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. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION
[[Page 49945]]
CONTACT section of this document for alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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.T08-0679 to read as follows:
Sec. 100.T08-0679 Tennessee River MM 462.7 to 465.5
(a) Regulated area. The regulations in this section apply to the
following area: Tennessee River MM 462.7 to 465.5 extending the entire
width of 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 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 and local notice to
mariners.
(c) Enforcement period. This section will be enforced from 7 a.m.
to 9 a.m. on October 23, 2021.
Dated: August 27, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-19104 Filed 9-3-21; 8:45 am]
BILLING CODE 9110-04-P
