Proposed Rule2021-11884
Safety Zone; Cumberland River, Mile Markers 128.0-128.3, Clarksville, TN
Primary source
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Published
June 7, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary safety zone for navigable waters on the Cumberland River from mile 128.0 to mile 128.3. The safety zone is needed to protect life and the marine environment from potential hazards created by the Clarksville Independence Day fireworks display. 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.
Full Text
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<title>Federal Register, Volume 86 Issue 107 (Monday, June 7, 2021)</title>
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[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Proposed Rules]
[Pages 30230-30232]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11884]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0274]
RIN 1625-AA00
Safety Zone; Cumberland River, Mile Markers 128.0-128.3,
Clarksville, TN
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for navigable waters on the Cumberland River from mile 128.0 to
mile 128.3. The safety zone is needed to protect life and the marine
environment from potential hazards created by the Clarksville
Independence Day fireworks display. 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 June 22, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0274 using the Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 Benjamin
Gardner and Marine Safety Detachment Nashville, U.S. Coast Guard;
telephone 615-736-5421, email <a href="/cdn-cgi/l/email-protection#f0b2959e9a919d999ede84de979182949e9582b085839397de9d999c"><span class="__cf_email__" data-cfemail="c684a3a8aca7abafa8e8b2e8a1a7b4a2a8a3b486b3b5a5a1e8abafaa">[email protected]</span></a>.
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 the Clarksville Parks and
Recreation of a proposed 4th of July celebration fireworks event. The
event would take place on July 3, 2021 from 10 p.m. to 10:30 p.m. The
fireworks would be launched from land, but would have a significant
fallout zone over the Cumberland River. The COTP has determined that
potential hazards associated with this fireworks display would be a
safety concern for anyone within the fallout zone on the Cumblerand
River between mile 128.0 to 128.3.
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
potential hazards associated with the Clarksville Independence Day
Celebration fireworks display will be a safety concern, and a temporary
safety zone is needed. This propsed rule is needed to protect life and
the marine environment in the navigable waters within the temporary
safety zone during the fireworks display.
The purpose of this proposed rulemaking is to ensure the safety of
life and the navigable waters within a .3 mile span of the river where
the fireworks will be fired during, and after the scheduled event. 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
safety zone has to be established by July 3 to provide for the safety
of life on these navigable waters.
III. Discussion of Proposed Rule
This proposed rule would establish a safety zone from 10 p.m. until
10:30 p.m. on July 3, 2021. The proposed temporary safety zone would
cover all navigable waters of the Tennessee River between miles 128.0
to 128.3. The duration of the zone is intended to protect life and the
marine environment on these navigable waters during the fireworks
display. No vessel or person would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
[[Page 30231]]
representative. Persons or vessels seeking to enter the safety zone
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 safety zone through 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 safety zone. The proppsed
safety zone would last for only thirty minutes, 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 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 safety
zone lasting 30 minutes that would prohibit entry within 0.3 miles of
the Cumberland River. Normally such actions are categorically excluded
from further review under paragraph L60 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
[[Page 30232]]
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. If your material cannot be
submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T08-0274 to read as follows:
Sec. 165T08-0274 Safety Zone; Cumberland River, Mile Markers 128.0-
128.3, Clarksville, TN.
(a) Location. The following area is a safety zone: All navigable
waters of he Cumberland River from mile marker 128.0 to mile marker
128.3.
(b) Period of enforcement. This rule will be enforced from 10 p.m.
until 10:30 p.m. on July 3, 2021.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a
designated representative. No vessel or person will be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. They may be contacted on VHF-FM radio
channel 16 or phone at 1-800-253-7465.
(2) Persons and vessels permitted to enter the safety zone must
transit at the slowest safe speed and comply 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 of the enforcement times and date
for this safety zone through Broadcast Notices to Mariners, Local
Notices to Mariners, and/or Safety Marine Information Broadcasts as
appropriate.
Dated: May 20, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-11884 Filed 6-4-21; 8:45 am]
BILLING CODE 9110-04-P
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