Rule2022-19544
Safety Zone; Tennessee River, Ohio River and Cumberland River; Paducah and Smithland; Kentucky
Primary source
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Published
September 12, 2022
Effective
September 12, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain waters of the Tennessee River, Ohio River, and Cumberland River. This action is necessary to provide for the safety of life on the navigable waters in between Paducah, Kentucky, and Smithland, KY, during the transit and installation of the new I-60 bridge crossing the Cumberland River near Smithland, KY. This rule prohibits persons and vessels from entering the safety zone unless authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 175 (Monday, September 12, 2022)</title>
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[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Rules and Regulations]
[Pages 55688-55690]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19544]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0463]
RIN 1625-AA00
Safety Zone; Tennessee River, Ohio River and Cumberland River;
Paducah and Smithland; Kentucky
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Tennessee River, Ohio River, and Cumberland
River. This action is necessary to provide for the safety of life on
the navigable waters in between Paducah, Kentucky, and Smithland, KY,
during the transit and installation of the new I-60 bridge crossing the
Cumberland River near Smithland, KY. This rule prohibits persons and
vessels from entering the safety zone unless authorized by the Captain
of the Port Sector Ohio Valley (COTP) or a designated representative.
DATES: This rule is effective from 8:00 a.m. on September 12, 2022,
through 8:00 a.m. on September 22, 2022. The temporary safety zone will
be enforced from 8 a.m. on September 12, 2022, through 8 a.m. on
September 22, 2022, unless canceled earlier by the Captain of the Port
Sector Ohio Valley.
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-
2022-0463 in the search box and click ``Search.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Evan Dawson, U.S. Coast Guard Marine Safety Unit
Paducah; telephone 270-442-1621 x 2113, email <a href="/cdn-cgi/l/email-protection#baf7e9efeadbdecfd9dbd297ededf7faefe9f9fd94f7f3f6"><span class="__cf_email__" data-cfemail="83ced0d6d3e2e7f6e0e2ebaed4d4cec3d6d0c0c4adcecacf">[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
[[Page 55689]]
U.S.C. United States Code
TNR Tennessee River
OHR Ohio River
CUMB Cumberland River
MM Mile Marker
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 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). 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. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because because it is impracticable. We must
establish this safety zone by September 12, 2022, and lack sufficient
time to provide a reasonable comment period and then consider those
comments before issuing the rule.
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 because immediate
action is needed to respond to the potential safety hazards associated
with a bridge movement.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70051 and 33 CFR 6.04-6. The COTP has determined that potential hazards
associated with the transit and installation of a 710 foot span of
replacement bridge for the Lucy Jefferson Bridge Bridge from Paducah
Riverport Authority, on the Tennessee River (TNR) at Mile Marker (MM)
1.5, transiting up the Ohio River (OHR) from MM 935 to MM 923, in
Smithland, KY, continuing on to the Cumberland River (CUMB) to MM 2.8,
the bridges final destination will be a safety concern for anyone
within a half mile radius of bridge, vessels and machinery. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone while the bridge is in
transit and being installed.
IV. Discussion of the Rule
The COTP is establishing a moving safety zone from 8 a.m. on
September 12, 2022, through 8 a.m. on September 22, 2022, unless
canceled earlier by the COTP. The safety zone would cover all navigable
waters within one half-mile of the bridge during any point of its
transit from Paducah, KY, to Smithland, KY and during the lifting
evolution. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before and during the scheduled
relocation and installation of the new bridge. No vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
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 new bridge
will be in transit on the TNR and the OHR for approximately 12-24
hours, causing minimal disruption to vessel traffic. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 22-A about the enforcement time of 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 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.
[[Page 55690]]
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 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
involves a safety zone that would prohibit entry within one half-mile
of the new bridge site while transiting on the TNR, OHR, and while
transiting and being lifted into a permanent postion on the CUMB.
Normally such actions are categorically excluded from further review
under paragraph L60(a) 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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T08-0463 to read as follows:
Sec. 165.T08-0463 Safety Zone; Tennessee River, Ohio River and
Cumberland River; Paducah and Smithland; Kentucky.
(a) Location. The safety zone will cover all navigable waters of
the Tennessee River, Ohio River, and Cumberland River within one half
mile of the new bridge, near Smithland, KY, span during transiting and
lifting.
(b) Enforcement period. This section will be subject to enforcement
from 8 a.m. on September 12, 2022, and will continue through 8 a.m. on
September 22, 2022, unless canceled earlier by the Captain of the Port
Sector Ohio Valley (COTP). If there is inclement weather or other
disruptions the U.S. Coast Guard (USCG) will inform mariners of the
change in enforcement period via Broadcast Notice to Mariners on VHF-FM
channel 16 and on-scene notice.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry of vessels or persons into the zone during transit
operations is prohibited unless specifically authorized by the COTP or
designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Ohio
Valley.
(2) If permission is granted, all persons and vessels must comply
with the instructions of the COTP or designated representative.
Dated: September 6, 2022.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2022-19544 Filed 9-9-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 12, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.