[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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 [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

[[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