Rule2022-16634
Safety Zone; Cumberland River, Nashville, TN
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 4, 2022
Effective
August 5, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing to a temporary safety zone from mile marker 191.1 to 191.5 of the Cumberland River. This action is necessary to provide for the safety of life on these navigable waters near Korean Veterans Bridge, Nashville, TN, during Music City Grand Prix on August 5 through August 7, 2022. This rulemaking prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 149 (Thursday, August 4, 2022)</title>
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[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Rules and Regulations]
[Pages 47624-47626]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16634]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[[Docket Number USCG-2022-0275]
RIN 1625-AA00
Safety Zone; Cumberland River, Nashville, TN
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing to a temporary safety zone
from mile marker 191.1 to 191.5 of the Cumberland River. This action is
necessary to provide for the safety of life on these navigable waters
near Korean Veterans Bridge, Nashville, TN, during Music City Grand
Prix on August 5 through August 7, 2022. This rulemaking prohibits
persons and vessels from being in the safety zone unless authorized by
the Captain of the Port Sector Ohio Valley or a designated
representative.
DATES: This rule is effective every day from 2 p.m. August 5, 2022 p.m.
through 4:30 p.m. August 7, 2022. See SUPPLEMENTARY INFORMATION for
specific daily enforcement times.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0275 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
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#6426010a0e05090d0a4a104a030516000a011624111707034a090d08"><span class="__cf_email__" data-cfemail="92d0f7fcf8f3fffbfcbce6bcf5f3e0f6fcf7e0d2e7e1f1f5bcfffbfe">[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 Information and Regulatory History
The Coast Guard was notified by Indy Car of a proposed racing event
that goes over the Cumberland River. The event would take place from
August 5, 2022 to August 7, 2022. On August 5, 2022 the river closure
would be from 2 p.m.
[[Page 47625]]
until 6:30 p.m. On August 6, 2022 the river closure would be from 11
a.m. until 5 p.m. On August 7, 2022 the river closure would be from 2
p.m. until 4:30 p.m. The Captain of the Port Sector Ohio Valley (COTP)
has determined that there is a need to protect the river users while
the Indy cars are on the track between mile marker 191.1 and mile
marker 191.5 on the Cumberland River. In response, on April 20, 2022,
the Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Cumberland River, Nashville, TN, USCG-2022-0275 (87 FR
24486). There we stated why we issued the NPRM, and invited comments on
our proposed regulatory action related to this Indy Car race. During
the comment period that ended May 26, 2022, we received 1 comment.
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
Indy Car race will be a safety concern for anyone within a 0.4 mile
radius of the Korean Veterans Bridge. The purpose of this rule is to
ensure safety of vessels and the navigable waters in the safety zone
before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 1 comment on our NPRM published April
26, 2022. The comment stated,'' We think this is a smart idea because
the Coast Guard is accounting for the safety of the citizens in the
Nashville area during these dates. Thank you for not only keeping our
international waters safe but for also keeping us protected and secure
close to home.'' This comment does not have any effect on our proposed
rule and does not require any changes to the final rule.
This rule establishes a safety zone from that will be enforced from
2 p.m. until 6:30 p.m. on August 5, 2022, from 11 a.m. until 5 p.m. on
August 6, 2022, and from 2 p.m. until 4:30 p.m. on August 7, 2022. The
safety zone would cover all navigable waters within 0.4 miles of the
Korean Veterans Bridge on the Cumberland River in Nashville, TN. The
duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the scheduled Indy Car
races. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
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. The safety zone
will be 13 hours spread over the course of 3 days during daylight hours
in Nashville, TN. The safety zone will only encompass .4 miles of the
Cumberland River. Vessel traffic will be able to safely transit around
this safety zone which would impact a small designated area of the
Cumberland River before or after the time of the events on each day.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone, and the rulemaking 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 received 0 comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) 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 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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will 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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires
[[Page 47626]]
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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 determined 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 rule involves 3
separate safety zones over the course of 3 days that in total will last
for 13 hours. It is categorically excluded from further review under
paragraph L[60] of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A 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.
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.
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 amends
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., Revision No. 01.2.
0
2. Add Sec. 165.T08-0275 to read as follows:
Sec. 165.T08-0275 Safety Zone; Cumberland River, Nashville, TN
(a) Location. The following area is a safety zone: all navigable
waters of the Cumberland River, Mile Markers 191.1-191.5, extending the
entire width of the river.
(b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16. Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
(c) Enforcement period. This section will be enforced on:
(1) August 5, 2022 from 2 p.m. until 6:30 p.m.;
(2) August 6, 2022 from 11 a.m. until 5 p.m.; and
(3) August 7, 2022 from 2 p.m. until 4:30 p.m.
Dated: July 25, 2022.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2022-16634 Filed 8-3-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 4, 2022.
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