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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations with all lawful directions issued by the COTP or a designated representative.
d Informational broadcasts. The COTP or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the temporary safety zone as well as any changes in the planned schedule.
Dated: June 27, 2021.
A.M. Beach, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
FR Doc. 202114130 Filed 63021; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210433
RIN 1625AA00

Safety Zone; Tennessee River Mile 643
to 652, Knoxville, TN
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

The Coast Guard is establishing a temporary safety zone on the Tennessee River south of mile 643
to 652 on August 7, 2021. This safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created during the rowers associated with the 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 8 a.m.
to 5 p.m. on August 7, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0433 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 MST3 Joshua Rehl, U.S. Coast Guard; telephone 6157365421, email Joshua.M.Rehl@uscg.mil.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

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
VerDate Sep<11>2014

15:54 Jun 30, 2021

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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 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. 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.
553bB, 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. The Coast Guard was notified of the event without ample time to allow for a reasonable comment period because we must establish this safety zone by August 7, 2021.
Under 5 U.S.C. 553d3, the Coast Guard finds that good cause exists for making this rule effective less than 30
days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable because action is needed on August 7, 2021 to ensure the safety of the participants in the Three Rivers Regatta, rowing marine event.
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 potential hazards associated with the Three Rivers Regatta, rowing marine event, will be a safety concern for anyone within the rowing area. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the special local regulated area for the duration of the rowing event.
IV. Discussion of the Rule This rule establishes a temporary safety zone on the Tennessee River from mile markers 643 to 652 from 8 a.m.
until 5 p.m. on August 7, 2021. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while high speed boat races are taking place. No non-participant vessels or persons will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. Vessels and persons transiting the area must comply with all orders or directions given to them by the COTP or their designated representative. The COTP will provide
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notice of the regulated area through advanced notice via broadcast notice to mariners and by on-scene designated representatives.
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, duration, and time-of-day of the safety zone. This safety zone restricts transit on theTennessee River from mile 643 to 652. The area will have limited access for a period of 9 hours. Moreover, the Coast Guard would issue Broadcast Notices to Mariners, Local Notices to Mariners, and Marine Safety Information Bulletins, as appropriate, about this safety zone so that waterway users may plan accordingly for this short restriction on transit. This rule will allow vessels to request permission to enter the safety zone.
B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, 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.
605b 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 safety zone 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 213a of the Small Business Regulatory Enforcement
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