Federal Register - September 7, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Proposed Rules Aviation Administration proposes to amend 14 CFR part 71 as follows:
PART 71DESIGNATION 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. 106f, 106g; 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 19591963 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. 405617 N, long. 902552 W
Monmouth Municipal Airport, IL
Lat. 405547 N, long. 903752 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. 202119107 Filed 9321; 8:45 am BILLING CODE 491013P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 100
Docket Number USCG20210678
RIN 1625AA08
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
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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 6157365421, 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
20210678 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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comment pursuant to section b3 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. 553b3B, 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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