[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Rules and Regulations]
[Pages 15959-15961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07667]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0152]
RIN 1625-AA87
Security Zone; Cumberland River, Nashville, TN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone on
the Cumberland River at Mile Marker (MM) 190.7 to MM 191.3, from the
Woodland Street Bridge to the Korean Veterans Boulevard Bridge,
extending 100 feet from the left descending bank, from April 25, 2019
through April 27, 2019. This security zone is needed to protect the
participants of the National Football League (NFL) draft, vessels, and
waterfront facilities from destruction, loss, or injury from sabotage
or other subversive acts, accidents, or other causes of a similar
nature during the NFL Draft in Nashville, TN. Entry into the security
zone is prohibited unless specifically authorized by the Captain of the
Port Sector Ohio Valley (COTP) or a designated representative.
DATES: This rule is effective from 3 p.m. on April 25, 2019 through 10
p.m. on April 27, 2019. This rule will be enforced from 3 p.m. through
11 p.m. on April 25, 2019, from 2:30 p.m. through 11:59 p.m. on April
26, 2019, and from 9 a.m. through 10 p.m. on April 27, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0152 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer First Class Nicholas Jones, Marine Safety
Detachment Nashville U.S. Coast Guard; telephone 615-736-5421, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
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 an NPRM with respect to this rule
because it is impracticable. It is impracticable to publish an NPRM
because we must establish this security zone by April 25, 2019 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 necessary to prevent possible loss of life and property.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP has determined that potential security needs associated
with the NFL Draft from April 25, 2019 through April 27, 2019, present
a safety and security concern. The purpose of this rulemaking is to
ensure the safety and security of the NFL Draft participants, vessels,
and waterfront facilities within the regulated area before, during, and
after the scheduled times.
IV. Discussion of the Rule
This rule establishes a temporary security zone on the Cumberland
River from MM 190.7 to MM 191.3, from the Woodland Street Bridge to the
Korean Veterans Boulevard Bridge, extending 100 feet from the left
descending bank, from April 25, 2019 through April 27, 2019. The
duration of the security zone is intended to ensure the safety and
security of the participants of the NFL Draft, vessels, and waterfront
facilities before, during, and after the scheduled times. Vessels are
not permitted to enter or transit this temporary security zone without
obtaining permission from the COTP or a designated representative.
Persons or vessels desiring to enter into or pass through the zone
must request 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.
Persons and vessels permitted to enter the security zone must
transit at the slowest safe speed and comply with all lawful directions
issued by the COTP or a designated representative.
The COTP or a designated representative will inform the public
through broadcast notices to mariners of the enforcement period for the
security zone, as well as any changes in the dates and times of
enforcement.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant
[[Page 15960]]
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB), and pursuant to OMB guidance it is exempt from the requirements
of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. This rule is
limited to less than one mile of the Cumberland River, at a location
that is not expected to have heavy vessel traffic at the specified
times of enforcement, and which will last for only three days.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the regulated area and the rule allows
vessels to seek permission to enter the area.
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
temporary security 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
contact 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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 and Commandant Instruction M16475.1D, 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
establishing a temporary security zone on the Cumberland River at MM
190.7 to 191.3, from the Woodland Street Bridge to the Korean Veterans
Boulevard Bridge, extending 100' out from the left descending bank,
from April 25, 2019 through April 27, 2019. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
0
2. Add Sec. 165.T08-0152 to read as follows:
Sec. 165.T08-0152 Security Zone; Cumberland River, Nashville, TN.
(a) Location. The following area is a security zone: All navigable
waters of the Cumberland River, Mile Maker (MM) 190.7 to MM 191.3, from
the Woodland Street Bridge to the Korean Veterans Boulevard Bridge,
extending 100' out from the left descending bank.
(b) Effective period. This section is effective from 3 p.m. on
April 25, 2019 through 10 p.m. on April 27, 2019.
(c) Periods of enforcement. This section will be enforced from 3
p.m. through 11 p.m. on April 25, 2019, from 2:30 p.m. through 11:59
p.m. on April
[[Page 15961]]
26, 2019, and from 9 a.m. through 10 p.m. on April 27, 2019.
(d) Regulations (1) In accordance with the general regulations in
Sec. 165.23, entry into this security zone is prohibited unless
specifically authorized by the Captain of the Port Sector Ohio Valley
(COTP) or a designated representative. Persons or vessels desiring to
enter into or pass through the zone must request 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 security zone must
transit at the slowest safe speed and comply with all lawful directions
issued by the COTP Sector Ohio Valley or a designated representative.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the security zone, as well as
any changes in the dates and times of enforcement.
Dated: March 27, 2019.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-07667 Filed 4-16-19; 8:45 am]
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