Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Proposed Rules 49941 

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 


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 


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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Proposed Rules 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 

■ 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 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 

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 


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