[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]


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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.

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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


