Safety Zone; Cumberland River, Nashville, TN, 57398-57400 [2022-20290]
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Federal Register / Vol. 87, No. 181 / Tuesday, September 20, 2022 / Rules and Regulations
4A, and 19(a) of the Securities Act;
Sections 3 and 23(a) of the Exchange
Act; and Sections 102, 103, and 107 of
the JOBS Act.
U.S.C. 1350; and Pub. L. 111–203, 939A, 124
Stat. 1376, (2010); and Pub. L. 112–106, sec.
503 and 602, 126 Stat. 326 (2012), unless
otherwise noted.
4. The authority citation for part 230
continues to read as follows:
■
■
List of Subjects
17 CFR Part 227
Crowdfunding, Reporting and
recordkeeping requirements, Securities.
17 CFR Part 230
Advertising, Administrative practice
and procedure, Confidential business
information, Investment companies,
Reporting and recordkeeping
requirements, Securities.
17 CFR Part 239
Administrative practice and
procedure, Reporting and recordkeeping
requirements, Securities.
17 CFR Part 240
Administrative practice and
procedure, Reporting and recordkeeping
requirements, Securities.
Authority: 15 U.S.C. 77b, 77b note, 77c,
77d, 77f, 77g, 77h, 77j, 77r, 77s, 77z–3, 77sss,
78c, 78d, 78j, 78l, 78m, 78n, 78o, 78o–7 note,
78t, 78w, 78ll(d), 78mm, 80a–8, 80a–24, 80a–
28, 80a–29, 80a–30, and 80a–37, and Pub. L.
112–106, sec. 201(a), sec. 401, 126 Stat. 313
(2012), unless otherwise noted.
*
*
*
*
*
5. In § 230.405, amend the definition
‘‘Emerging growth company’’ by:
■ a. In paragraph (1), removing
reference to ‘‘$1,070,000,000’’ and
adding in its place ‘‘$1,235,000,000’’;
and
■ b. In paragraph (2)(i), removing
reference to ‘‘$1,070,000,000’’ and
adding in its place ‘‘$1,235,000,000.’’
■
PART 239—FORMS PRESCRIBED
UNDER THE SECURITIES ACT OF 1933
6. The authority citation for part 239
continues to read as follows:
For the reasons set out in the
preamble, the Commission is amending
title 17, chapter II of the Code of Federal
Regulations as follows:
PART 227—REGULATION
CROWDFUNDING, GENERAL RULES
AND REGULATIONS
1. The authority citation for part 227
continues to read as follows:
■
Authority: 15 U.S.C. 77d, 77d–1, 77s, 77z–
3, 78c, 78o, 78q, 78w, 78mm, and Pub. L.
112–106, secs. 301–305, 126 Stat. 306 (2012).
Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j,
77s, 77z–2, 77z–3, 77sss, 78c, 78l, 78m, 78n,
78o(d), 78o–7 note, 78u–5, 78w(a), 78ll,
78mm, 80a–2(a), 80a–3, 80a–8, 80a–9, 80a–
10, 80a–13, 80a–24, 80a–26, 80a–29, 80a–30,
and 80a–37; and sec. 107, Pub. L. 112–106,
126 Stat. 312, unless otherwise noted.
7. Amend Form C (referenced in
Section 239.900) by revising the dollar
amounts in Question 29 of the
‘‘OPTIONAL QUESTION & ANSWER
FORMAT FOR AN OFFERING
STATEMENT’’ as follows:
■
■
Note: The text of Form C does not, and this
amendment will not, appear in the Code of
Federal Regulations.
■
■
3. Amend § 227.201 by:
a. In paragraph (t)(1), removing
reference to ‘‘$107,000’’ and adding in
its place ‘‘$124,000’’;
■ b. In paragraph (t)(2), removing
reference to ‘‘$107,000’’ and adding in
its place ‘‘$124,000’’; and removing
reference to ‘‘$535,000’’ and adding in
its place ‘‘$618,000’’; and
■ c. In paragraph (t)(3), removing the
two references to ‘‘$535,000’’ and
adding in their place ‘‘$618,000’’; and
removing reference to ‘‘$1,070,000’’ and
adding in its place ‘‘$1,235,000.’’
PART 240—GENERAL RULES AND
REGULATIONS, SECURITIES
EXCHANGE ACT OF 1934
2. Amend § 227.100 by:
a. In paragraph (a)(2)(i), removing
reference to ‘‘$2,200’’ and adding in its
place ‘‘$2,500’’; and removing
‘‘$107,000’’ and adding in its place
‘‘$124,000’’; and
■ b. In paragraph (a)(2)(ii), removing the
two references to ‘‘$107,000’’ and
adding in their place ‘‘$124,000.’’
■
■
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9. In § 240.12b–2, amend the
definition ‘‘Emerging growth company’’
by:
■ a. In paragraph (1), removing
reference to ‘‘$1,070,000,000’’ and
adding in its place ‘‘$1,235,000,000’’;
and
■ b. In paragraph (2)(i), removing
reference to ‘‘$1,070,000,000’’ and
adding in its place ‘‘$1,235,000,000.’’
By the Commission.
Dated: September 9, 2022.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2022–19867 Filed 9–19–22; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
■
Text of the Final Rule and Form
Amendments
lotter on DSK11XQN23PROD with RULES1
PART 230—GENERAL RULES AND
REGULATIONS, SECURITIES ACT OF
1933
a. Removing all references to
‘‘$107,000’’ and adding in their place
‘‘$124,000’’; and
■ b. Removing all references to
‘‘$535,000’’ and adding in their place
‘‘$618,000’’; and
■ c. Removing reference to ‘‘$1,070,000’’
and adding in its place ‘‘$1,235,000.’’
8. The general authority citation for
part 240 continues to read as follows:
■
Authority: 15 U.S.C. 77c, 77d, 77g, 77j,
77s, 77z–2, 77z–3, 77eee, 77ggg, 77nnn,
77sss, 77ttt, 78c, 78c–3, 78c–5, 78d, 78e, 78f,
78g, 78i, 78j, 78j–1, 78k, 78k–1, 78l, 78m,
78n, 78n–1, 78o, 78o–4, 78o–10, 78p, 78q,
78q–1, 78s, 78u–5, 78w, 78x, 78dd, 78ll,
78mm, 80a–20, 80a–23, 80a–29, 80a–37, 80b–
3, 80b–4, 80b–11, 7201 et seq.; and 8302; 7
U.S.C. 2(c)(2)(E); 12 U.S.C. 5221(e)(3); 18
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33 CFR Part 165
[Docket Number USCG–2022–0638]
RIN 1625–AA00
Safety Zone; Cumberland River,
Nashville, TN
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
SUMMARY: The Coast Guard is
establishing a temporary safety zone
from mile marker (MM) 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
Pro Wakeboard Tour on September 23,
2022. This rule 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 on
September 23, 2022, from 9 a.m. until 9
p.m.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0638 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
If
you have questions about this rule, call
or email Petty Officer Third Class
Benjamin Gardner and Marine Safety
Detachment Nashville, U.S. Coast
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 87, No. 181 / Tuesday, September 20, 2022 / Rules and Regulations
Guard; telephone 615–736–5421, email
Benjamin.t.gardner@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard was notified by Pro
Wakeboard of a racing event that occurs
on the Cumberland River. The event
will take place on September 23, 2022,
from 9 a.m. until 9 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
wakeboarders are competing between
MM 191.1 and MM 191.5 on the
Cumberland River. In response, on
August 5, 2022, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled ‘‘Safety Zone;
Cumberland River, Nashville, TN’’ (87
FR 47949). There we stated why we
issued the NPRM and invited comments
on our proposed regulatory action
related to this wakeboarding event.
During the comment period that ended
August 19, 2022, we did not receive any
comments.
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 impracticable
because we must establish the safety
zone by September 23, 2022, to respond
to the potential safety hazards
associated with this wakeboarding
event.
lotter on DSK11XQN23PROD with RULES1
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 COTP
has determined that potential hazards
associated with the wakeboarding
competition 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 no
comments on our NPRM published
August 5, 2022.
This rule establishes a safety zone
from that will be enforced from 9 a.m.
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16:25 Sep 19, 2022
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to 9 p.m. on September 23, 2022. The
safety zone will 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
wakeboarding competition. 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 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 12 hours spread over
the course of 1 day in Nashville, TN.
The safety zone will only encompass 0.4
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.
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57399
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
E:\FR\FM\20SER1.SGM
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Federal Register / Vol. 87, No. 181 / Tuesday, September 20, 2022 / Rules and Regulations
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 rule involves 1 safety
zone over the course of 1 day that in
total will last for 12 hours. It is
categorically excluded from further
review under paragraph L[60](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.
lotter on DSK11XQN23PROD with RULES1
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.
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. 00170.1, Revision No. 01.2.
2. Add § 165.T08–0638 to read as
follows:
■
§ 165.T08–0638 Safety Zone; Cumberland
River, Nashville, TN.
(a) Location. The following area is a
safety zone: all navigable waters of the
Cumberland River, from Mile Marker
191.1 to Mile Marker 191.5, extending
the entire width of the river.
(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 o 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 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.
(d) Enforcement period. This section
will be enforced on September 23, 2022,
from 9 a.m. to 9 p.m.
Dated: September 7, 2022.
H.R. Mattern,
Captain, U.S. Coast Guard,Captain of the Port
Sector Ohio Valley.
[FR Doc. 2022–20290 Filed 9–19–22; 8:45 am]
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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16:25 Sep 19, 2022
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2022–0284; FRL–9698–02–
R3]
Approval and Promulgation of Air
Quality Plans; Pennsylvania;
Reasonably Available Control
Technology (RACT) Determinations for
Hydro Carbide Tool Company’s Caseby-Case Sources Under the 1997 and
2008 8-Hour Ozone National Ambient
Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. The revision was
submitted by the Pennsylvania
Department of Environmental Protection
(PADEP) to establish and require
reasonably available control technology
(RACT) for sources at Hydro Carbide
Tool Company (Hydro Carbide), a major
source of volatile organic compounds
(VOC), pursuant to the Commonwealth
of Pennsylvania’s conditionally
approved RACT regulations. In this rule
action, EPA is approving source-specific
RACT determinations (also referred to
as case-by-case or CbC) submitted by
PADEP for certain VOC sources at
Hydro Carbide, a facility in
Westmoreland County. The RACT
evaluation was submitted to meet RACT
requirements for the 1997 and 2008 8hour ozone national ambient air quality
standards (NAAQS). EPA is approving
this revision to the Pennsylvania SIP in
accordance with the requirements of the
Clean Air Act (CAA) and EPA’s
implementing regulations.
DATES: This final rule is effective on
October 20, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2022–0284. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, 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
E:\FR\FM\20SER1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Rules and Regulations]
[Pages 57398-57400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20290]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0638]
RIN 1625-AA00
Safety Zone; Cumberland River, Nashville, TN
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone from
mile marker (MM) 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 Pro Wakeboard Tour
on September 23, 2022. This rule 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 on September 23, 2022, from 9 a.m. until
9 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0638 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 rule,
call or email Petty Officer Third Class Benjamin Gardner and Marine
Safety Detachment Nashville, U.S. Coast
[[Page 57399]]
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
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 was notified by Pro Wakeboard of a racing event
that occurs on the Cumberland River. The event will take place on
September 23, 2022, from 9 a.m. until 9 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 wakeboarders are competing between MM
191.1 and MM 191.5 on the Cumberland River. In response, on August 5,
2022, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled ``Safety Zone; Cumberland River, Nashville, TN'' (87 FR 47949).
There we stated why we issued the NPRM and invited comments on our
proposed regulatory action related to this wakeboarding event. During
the comment period that ended August 19, 2022, we did not receive any
comments.
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 impracticable because we must establish the safety
zone by September 23, 2022, to respond to the potential safety hazards
associated with this wakeboarding event.
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 COTP has determined that
potential hazards associated with the wakeboarding competition 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 no comments on our NPRM published
August 5, 2022.
This rule establishes a safety zone from that will be enforced from
9 a.m. to 9 p.m. on September 23, 2022. The safety zone will 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 wakeboarding competition. 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 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 12 hours spread over the course of 1 day in Nashville, TN. The
safety zone will only encompass 0.4 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
[[Page 57400]]
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 rule involves 1
safety zone over the course of 1 day that in total will last for 12
hours. It is categorically excluded from further review under paragraph
L[60](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.T08-0638 to read as follows:
Sec. 165.T08-0638 Safety Zone; Cumberland River, Nashville, TN.
(a) Location. The following area is a safety zone: all navigable
waters of the Cumberland River, from Mile Marker 191.1 to Mile Marker
191.5, extending the entire width of the river.
(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 o 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 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.
(d) Enforcement period. This section will be enforced on September
23, 2022, from 9 a.m. to 9 p.m.
Dated: September 7, 2022.
H.R. Mattern,
Captain, U.S. Coast Guard,Captain of the Port Sector Ohio Valley.
[FR Doc. 2022-20290 Filed 9-19-22; 8:45 am]
BILLING CODE 9110-04-P
