Safety Zone; Cumberland River, Nashville, TN, 36646-36648 [2021-14644]
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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations
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[FR Doc. 2021–14816 Filed 7–12–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0247]
RIN 1625–AA00
Safety Zone; Cumberland River,
Nashville, TN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 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 6
through August 8, 2021. This proposed
rulemaking would prohibit 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 from 2 p.m.
on August 6, 2021 until 7 p.m. on
August 8, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0247 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
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RNAV (GPS)–A, Orig-A.
RNAV (GPS) RWY 1, Orig.
RNAV (GPS) RWY 18, Orig-A.
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 Benjamin.t.gardner@
uscg.mil.
SUPPLEMENTARY INFORMATION:
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 public
interest because immediate action is
needed to ensure the safety of the
participants and vessels during the
Music City Grand Prix Indy Car Race
starting on August 6, 2021.
I. Table of Abbreviations
III. Legal Authority and Need for Rule
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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 Music City
Grand Prix from August 6, 2021 until
August 8, 2021, will be a safety concern
for anyone within a 0.4 mile radius of
the Korean Veterans Bridge. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the Music City Grand Prix is
occurring.
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 it is
impracticable. the Coast Guard was
notified of the event without ample time
for the NPRM process. We must
establish this regulation by August 6,
2021 and lack sufficient time to provide
a reasonable comment period and then
consider those comments before issuing
this rule. Under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists
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IV. Discussion of the Rule
The COTP is establishing a safety
zone on the following dates during these
time periods: From 2 p.m. to 6:30 p.m.
on August 6, 2021; from noon to 5 p.m.
on August 7, 2021; and from 4:30 p.m.
to 7 p.m. on August 8, 2021. The safety
zone would cover all navigable waters
between mile marker 191.1 and 191.5 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 Music City Grand
Prix. No vessel or person would be
permitted to enter the safety zone
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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations
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.
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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.
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 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
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15:52 Jul 12, 2021
Jkt 253001
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
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,
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36647
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 proposed rule
involves a safety zone lasting 12 hours
spread over the course of 3 days that
would prohibit entry within .4 miles of
the Korean Veterans Bridge. 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. 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 is amending
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.T08–0247 to read as
follows:
■
§ 165.T08–0247 Safety Zone; Cumberland
River, Nashville, TN.
(a) Location. The following area is a
safety zone: All navigable waters of the
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36648
Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations
Cumberland River from mile marker
191.1 to mile marker 191.5.
(b) Definitions: As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector Ohio Valley (COTP) in
the enforcement of the safety zone.
(c) 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–FM radio
channel 16 or phone at 1–800–253–
7465. 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.
(d) Enforcement periods. This rule
will be enforced from 2 p.m. until 6:30
p.m. on August 6, 2021, from noon until
5 p.m. on August 7, 2021, and from 4:30
p.m. until 7 p.m. on August 8, 2021.
Dated: July 1, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2021–14644 Filed 7–12–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter II
RIN 1810–AB63
American Rescue Plan Act Emergency
Assistance to Non-Public Schools
Program
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Final requirements.
AGENCY:
The U.S. Department of
Education (Department) establishes
requirements for the American Rescue
Plan Emergency Assistance to NonPublic Schools (ARP EANS) program
under the American Rescue Plan Act of
2021 (ARP Act). This document is
intended to clarify the requirements
applicable to the ARP EANS program,
including the requirement to provide
services or assistance to non-public
schools that enroll a significant
percentage of students from low-income
families and are most impacted by the
novel Coronavirus Disease 2019
(COVID–19) emergency.
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SUMMARY:
VerDate Sep<11>2014
15:52 Jul 12, 2021
Jkt 253001
These final requirements are
effective July 13, 2021.
FOR FURTHER INFORMATION CONTACT: Britt
Jung, U.S. Department of Education, 400
Maryland Avenue SW, Washington, DC
20202. Email: EANS@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
DATES:
SUPPLEMENTARY INFORMATION:
Purpose of Program: Section 2002 of
the ARP Act, titled ‘‘Emergency
Assistance to Non-Public Schools,’’
appropriates $2,750,000,000 for the
Department to make allocations to
Governors under the ARP EANS
program ‘‘to provide services or
assistance to non-public schools that
enroll a significant percentage of
[students from low-income families] and
are most impacted by the [COVID–19]
emergency.’’ 1
Program Authority: ARP Act, Public
Law 117–2, March 11, 2021.
Background: The ARP Act extends the
EANS program authorized under section
312(d) of division M of the Coronavirus
Response and Relief Supplemental
Appropriations Act, 2021 (CRRSA Act),
with two exceptions: (1) A State
educational agency (SEA) may only
provide services or assistance under
ARP EANS to non-public schools that
enroll a significant percentage of
students from low-income families and
are most impacted by the COVID–19
emergency, and (2) an SEA may not use
ARP EANS funds to provide
reimbursements to any non-public
school.
Under the ARP EANS program,
consistent with section 312(d)(1) of
division M of the CRRSA Act, the
Department will allot funds by formula
to each Governor with an approved
application based on the State’s relative
share of children aged 5 through 17 who
are from families at or below 185
percent of the 2020 Federal poverty
level and enrolled in non-public
schools, as determined by the
Department on the basis of non-public
school enrollment data from the U.S.
Census Bureau’s American Community
Survey (ACS) Public Use Microdata
Sample (PUMS) for 2015–2019, which
can be accessed here: https://
www.census.gov/programs-surveys/acs/
microdata.html. The amount available
1 Under these final requirements, ‘‘students from
low-income families’’ has the same meaning as
‘‘low-income students’’ under section 2002(a) of the
ARP Act. ‘‘Students from low-income families’’ is
a term used in section 312(d) of division M of the
Coronavirus Response and Relief Supplemental
Appropriations Act, 2021.
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to each State may be found at: https://
oese.ed.gov/offices/educationstabilization-fund/emergencyassistance-non-public-schools/.
As described in more detail below,
the Secretary of Education (Secretary) is
establishing final requirements for the
ARP EANS program to (1) make clear
that, with the exceptions noted above,
the requirements of the EANS program
authorized under section 312(d) of
division M of the CRRSA Act (CRRSA
EANS) apply to ARP EANS, and (2)
establish guidelines to determine that a
non-public school enrolls a significant
percentage of students from low-income
families and is most impacted by the
COVID–19 emergency.
Prior to issuing these final
requirements, the Department invited
comment regarding implementation of
the requirement ‘‘to provide services or
assistance to non-public schools that
enroll a significant percentage of
[students from low-income families] and
are most impacted by the [COVID–19]
emergency’’ as part of the Notice
Inviting Applications and Announcing
Allocations for the Emergency
Assistance to Non-Public Schools
Program Under the American Rescue
Plan Act of 2021, issued on April 12,
2021.2 The Department received 66
comments, which it reviewed and
considered in developing these final
requirements.
With respect to the significant poverty
percentage, comments generally fell into
three groups that advocated for: (1)
Establishing a specific significant
poverty percentage, as high as 75
percent; (2) prioritizing schools in the
same manner as under the CRRSA
EANS program; or (3) providing a State
discretion to determine the significant
poverty percentage for non-public
schools within the State. Commenters
advocating for a specific high poverty
percentage did so on the premise that it
would ensure that resources are targeted
to the most under-resourced
communities, which they assert is
consistent with congressional intent.
Multiple commenters noted that a 75percent poverty percentage would align
with the definition of a ‘‘high-poverty
school’’ used by the National Center for
Education Statistics and the threshold
for serving public schools in rank order,
without regard to grade spans,
applicable to within-district allocations
under title I, part A (title I) of the
Elementary and Secondary Education
Act of 1965 (ESEA) (see section
1113(a)(3)(A) of the ESEA). By contrast,
other commenters asserted that an
2 https://oese.ed.gov/files/2021/04/FINAL-ARPEANS-notice-4.12.21.pdf.
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]]>Agencies
[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
[Rules and Regulations]
[Pages 36646-36648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14644]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0247]
RIN 1625-AA00
Safety Zone; Cumberland River, Nashville, TN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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 6 through August 8, 2021. This proposed rulemaking would
prohibit 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 from 2 p.m. on August 6, 2021 until 7
p.m. on August 8, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0247 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 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 it is impracticable. the Coast Guard
was notified of the event without ample time for the NPRM process. We
must establish this regulation by August 6, 2021 and lack sufficient
time to provide a reasonable comment period and then consider those
comments before issuing this 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 public interest
because immediate action is needed to ensure the safety of the
participants and vessels during the Music City Grand Prix Indy Car Race
starting on August 6, 2021.
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
Music City Grand Prix from August 6, 2021 until August 8, 2021, will be
a safety concern for anyone within a 0.4 mile radius of the Korean
Veterans Bridge. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone
while the Music City Grand Prix is occurring.
IV. Discussion of the Rule
The COTP is establishing a safety zone on the following dates
during these time periods: From 2 p.m. to 6:30 p.m. on August 6, 2021;
from noon to 5 p.m. on August 7, 2021; and from 4:30 p.m. to 7 p.m. on
August 8, 2021. The safety zone would cover all navigable waters
between mile marker 191.1 and 191.5 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 Music City Grand Prix. No vessel or person would be
permitted to enter the safety zone
[[Page 36647]]
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. 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 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.
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 proposed rule
involves a safety zone lasting 12 hours spread over the course of 3
days that would prohibit entry within .4 miles of the Korean Veterans
Bridge. 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. 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 is
amending 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.T08-0247 to read as follows:
Sec. 165.T08-0247 Safety Zone; Cumberland River, Nashville, TN.
(a) Location. The following area is a safety zone: All navigable
waters of the
[[Page 36648]]
Cumberland River from mile marker 191.1 to mile marker 191.5.
(b) Definitions: As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Ohio Valley (COTP) in the enforcement of the
safety zone.
(c) 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-FM radio channel 16 or phone at 1-800-253-7465.
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.
(d) Enforcement periods. This rule will be enforced from 2 p.m.
until 6:30 p.m. on August 6, 2021, from noon until 5 p.m. on August 7,
2021, and from 4:30 p.m. until 7 p.m. on August 8, 2021.
Dated: July 1, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-14644 Filed 7-12-21; 8:45 am]
BILLING CODE 9110-04-P
