Special Local Regulation; Tennessee River, Chattanooga, TN

• Citation: 86 FR 49941
• Record Number: 2021-19103
• Published date: 07 September 2021
• Court: Coast Guard

49941

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:

Paragraph 6005 Class E Airspace Areas

Extending Upward From 700 Feet or More

Above the Surface of the Earth.

* * * * *

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

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

Joshua.M.Rehl@uscg.mil.

SUPPLEMENTARY INFORMATION

:

I. Table of Abbreviations

CFR Code of Federal Regulations

DHS Department of Homeland Security

FR Federal Register

NPRM Notice of proposed rulemaking

§ Section

U.S.C. United States Code

II. Background, 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

VerDate Sep<11>2014 16:43 Sep 03, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\07SEP1.SGM 07SEP1

lotter on DSK11XQN23PROD with PROPOSALS1

49942

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.

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

VerDate Sep<11>2014 16:43 Sep 03, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\07SEP1.SGM 07SEP1

lotter on DSK11XQN23PROD with PROPOSALS1

49943

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).

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.T08–0678 to read as

follows:

§ 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

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

Nicholas.J.Jones@uscg.mil.

SUPPLEMENTARY INFORMATION

:

I. Table of Abbreviations

CFR Code of Federal Regulations

DHS Department of Homeland Security

FR Federal Register

NPRM Notice of proposed rulemaking

§ Section

U.S.C. United States Code

II. Background, 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

VerDate Sep<11>2014 16:43 Sep 03, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\07SEP1.SGM 07SEP1

lotter on DSK11XQN23PROD with PROPOSALS1