[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 [www.gpo.gov]
[FR Doc No: 2022-16634]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 https://www.regulations.gov, 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 [email protected].

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