Security Zone; Cumberland River, Nashville, TN, 15959-15961 [2019-07667]
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Federal Register / Vol. 84, No. 74 / Wednesday, April 17, 2019 / Rules and Regulations
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
(7) The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property.
(8) The COTP or a designated
representative will terminate
enforcement of the special local
regulations at the conclusion of the
event.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this regulated area
through Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Broadcasts (MSIBs) as
appropriate.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
II. Background Information and
Regulatory History
33 CFR Part 165
[Docket Number USCG–2019–0152]
RIN 1625–AA87
Security Zone; Cumberland River,
Nashville, TN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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
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SUMMARY:
16:23 Apr 16, 2019
SUPPLEMENTARY INFORMATION:
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
§ Section
U.S.C. United States Code
BILLING CODE 9110–04–P
VerDate Sep<11>2014
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 Nicholas.J.Jones@
uscg.mil.
ADDRESSES:
I. Table of Abbreviations
[FR Doc. 2019–07713 Filed 4–16–19; 8:45 am]
ACTION:
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.
Jkt 247001
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.
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15959
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
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Federal Register / Vol. 84, No. 74 / Wednesday, April 17, 2019 / Rules and Regulations
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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
VerDate Sep<11>2014
16:23 Apr 16, 2019
Jkt 247001
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
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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
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.
2. Add § 165.T08–0152 to read as
follows:
■
§ 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
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Federal Register / Vol. 84, No. 74 / Wednesday, April 17, 2019 / Rules and Regulations
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 § 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]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2019–0065; FRL–9991–56–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Delegation of Authority
of the Federal Plan for Existing
Sewage Sludge Incineration Units
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is providing notice of and
is codifying approval of a request
submitted by the Pennsylvania
Department of Environmental Protection
(PADEP) for delegation of authority to
implement and enforce the Federal plan
for existing affected Sewage Sludge
Incineration (SSI) units. The Federal
plan establishes emission limits and
monitoring, operating, and
recordkeeping requirements for SSI
units constructed on or before October
14, 2010. A Memorandum of Agreement
(MOA) was signed on January 25, 2019
by PADEP Secretary; Patrick
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SUMMARY:
VerDate Sep<11>2014
16:23 Apr 16, 2019
Jkt 247001
McDonnell. This MOA constitutes the
mechanism for the transfer of authority
from the EPA to the air pollution control
agency. The MOA became effective
upon signature by Regional
Administrator; Cosmo Servidio on
March 1, 2019. The MOA delineates
policies, responsibilities, and
procedures by which the Federal plan
will be administered and enforced by
the PADEP, as well as the authorities
retained by EPA.
DATES: This final rule is effective on
May 17, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2019–0065. All
documents in the docket are listed on
the https://www.regulations.gov website.
Some information is not publicly
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additionally available information.
FOR FURTHER INFORMATION CONTACT: Mr.
Mike Gordon, Office of Permits and
State Programs (3AP10), Air Protection
Division, U.S. Environmental Protection
Agency, Region 3, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2039.
Mr. Gordon can also be reached via
electronic mail at gordon.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 129 of the Clean Air Act (the
‘‘CAA’’ or ‘‘Act’’), titled ‘‘Solid Waste
Combustion,’’ requires EPA to develop
and adopt standards for solid waste
incineration units pursuant to sections
111(d) and 129 of the Act. On March 21,
2011, EPA promulgated new source
performance standards (NSPS) and
emissions guidelines (EG) for SSI units
located at wastewater treatment
facilities designed to treat domestic
sewage sludge. See 76 FR 15372.
Codified at 40 CFR part 60, subparts
LLLL and MMMM, these final rules set
limits for nine pollutants under section
129 of the CAA: Cadmium (Cd), carbon
monoxide (CO), hydrogen chloride
(HCl), lead (Pb), mercury (Hg), nitrogen
oxides (NOX), particulate matter (PM),
polychlorinated dibenzo-p-dioxins and
polychlorinated dibenzofurans (PCDDs/
PCFDs), and sulfur dioxide (SO2). The
EG apply to existing SSI units, which
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15961
are those units that commenced
construction on or before October 14,
2010. See 40 CFR 60.5060.
CAA section 129 also requires each
state in which SSI units are operating to
submit a plan to implement and enforce
the EG with respect to such units. State
plan requirements must be ‘‘at least as
protective’’ as the EG and become
Federally enforceable upon approval by
EPA. The procedures for adoption and
submittal of state plans are codified in
40 CFR part 60, subpart B. The SSI EG
include a model rule that states may use
to develop their own plans.
On April 29, 2016, EPA finalized a
Federal plan that implements the EG in
states that do not have an approved state
plan. See 81 FR 26040. EPA
implementation and enforcement of the
Federal plan is viewed as an interim
measure until states assume their role as
the preferred implementers of the EG
requirements stipulated in the Federal
plan. Accordingly, EPA encourages
states to either develop their own plan
(the EG model rule or the Federal plan
can be used as a template to reduce the
effort needed to develop a plan), or to
request delegation of the Federal plan,
as PADEP has done. State plans and
requests for delegations of authority that
have been approved by EPA are
reflected in the Code of Federal
Regulations at 40 CFR part 62, subparts
B through DDD.
II. Summary of Action and EPA
Analysis
On September 12, 2016, PADEP
requested delegation of authority from
EPA to implement and enforce the
Federal plan for existing SSI units,
codified at 40 CFR part 62 subpart LLL.
The scope of the request from PADEP
included all affected facilities within
the Commonwealth of Pennsylvania,
except Allegheny County and the City of
Philadelphia.
EPA evaluates requests for delegation
of the SSI Federal plan pursuant to the
provisions of the SSI Federal plan (See
40 CFR 62.15865) and the EPA’s
Delegations Manual. Pursuant to the SSI
Federal plan, a state may meet its CAA
section 111(d)/129 obligations by
submitting an acceptable written request
for delegation of the Federal plan that
includes the following elements: (1) A
demonstration of adequate resources
and legal authority to administer and
enforce the Federal plan; (2) an
inventory of affected SSI units, an
inventory of emissions from affected SSI
units, and provisions for state progress
reports (See 40 CFR 60.5015(a)(1), (2)
and (7) from the SSI EG); (3)
certification that the hearing on the state
delegation request, similar to the
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]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 9110-04-P
