9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0463]
RIN 1625-AA00
Safety Zone; Tennessee River, Ohio River and Cumberland River; Paducah and
Smithland; Kentucky
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.

SUMMARY: The Coast Guard is establishing a temporary safety zone for certain
waters of the Tennessee River, Ohio River, and Cumberland River. This action is
necessary to provide for the safety of life on the navigable waters in between Paducah,
Kentucky, and Smithland, KY, during the transit and installation of the new I-60 bridge
crossing the Cumberland River near Smithland, KY. This rule prohibits persons and
vessels from entering the safety zone unless authorized by the Captain of the Port Sector
Ohio Valley (COTP) or a designated representative.
DATES: This rule is effective from 8:00 a.m. on September 12, 2022, through 8:00 a.m.
on September 22, 2022. The temporary safety zone will be enforced from 8 a.m. on
September 12, 2022, through 8 a.m. on September 22, 2022, unless canceled earlier by
the Captain of the Port Sector Ohio Valley.
ADDRESSES: To view documents mentioned in this preamble as being available in the
docket, go to https://www.regulations.gov, type USCG-2022-0463 in the search box and
click "Search."

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Evan Dawson, U.S. Coast Guard Marine Safety Unit Paducah;
telephone 270-442-1621 x 2113, email MSUPaducah-WWM@USCG.MIL.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR
DHS
FR
NPRM
§
U.S.C.
TNR
OHR
CUMB
MM

Code of Federal Regulations
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Section
United States Code
Tennessee River
Ohio River
Cumberland River
Mile Marker

II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the Administrative
Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a
rule without prior notice and opportunity to comment when the agency for good cause
finds that those procedures are “impracticable, unnecessary, or contrary to the public
interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this rule because
because it is impracticable. We must establish this safety zone by September 12, 2022,
and lack sufficient time to provide a reasonable comment period and then consider those
comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the Federal Register.
Delaying the effective date of this rule would be contrary to the public interest because

immediate action is needed to respond to the potential safety hazards associated with a
bridge movement.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C. 70051 and 33
CFR 6.04-6. The COTP has determined that potential hazards associated with the transit
and installation of a 710 foot span of replacement bridge for the Lucy Jefferson Bridge
Bridge from Paducah Riverport Authority, on the Tennessee River (TNR) at Mile Marker
(MM) 1.5, transiting up the Ohio River (OHR) from MM 935 to MM 923, in Smithland,
KY, continuing on to the Cumberland River (CUMB) to MM 2.8, the bridges final
destination will be a safety concern for anyone within a half mile radius of bridge, vessels
and machinery. This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the bridge is in transit
and being installed.
IV. Discussion of the Rule
The COTP is establishing a moving safety zone from 8 a.m. on September 12,
2022, through 8 a.m. on September 22, 2022, unless canceled earlier by the COTP. The
safety zone would cover all navigable waters within one half-mile of the bridge during
any point of its transit from Paducah, KY, to Smithland, KY and during the lifting
evolution. The duration of the zone is intended to ensure the safety of vessels and these
navigable waters before and during the scheduled relocation and installation of the new
bridge. No vessel or person would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and Executive orders
related to rulemaking. Below we summarize our analyses based on a number of these
statutes and Executive orders, and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits
of available regulatory alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits. This rule has not been designated a “significant
regulatory action,” under Executive Order 12866. Accordingly, this rule has not been
reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size, location, duration, and
time-of-day of the safety zone. The new bridge will be in transit on the TNR and the
OHR for approximately 12-24 hours, causing minimal disruption to vessel traffic.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 22-A about the enforcement time of the zone, and the rule would allow
vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires
Federal agencies to consider the potential impact of regulations on small entities during
rulemaking. The term “small entities” comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than 50,000. The Coast
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the safety zone
may be small entities, for the reasons stated in section V.A above, this rule will not have
a significant economic impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act
of 1996 (Public Law 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 rule involves
involves a safety zone that would prohibit entry within one half-mile of the new bridge
site while transiting on the TNR, OHR, and while transiting and being lifted into a
permanent postion on the CUMB. Normally such actions are categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters. Protesters are
asked to call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section to coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places, or vessels.

List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part
165 as follows:
PART 165 -- REGULATED NAVIGATION AREAS AND LIMITED ACCESS
AREAS
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.T08-0463 to read as follows:
§ 165.T08-0463 Safety Zone; Tennessee River, Ohio River and Cumberland River;
Paducah and Smithland; Kentucky.
(a) Location. The safety zone will cover all navigable waters of the Tennessee
River, Ohio River, and Cumberland River within one half mile of the new bridge, near
Smithland, KY, span during transiting and lifting.
(b) Enforcement period. This section will be subject to enforcement from 8 a.m.
on September 12, 2022, and will continue through 8 a.m. on September 22, 2022, unless
canceled earlier by the Captain of the Port Sector Ohio Valley (COTP). If there is
inclement weather or other disruptions the U.S. Coast Guard (USCG) will inform
mariners of the change in enforcement period via Broadcast Notice to Mariners on VHFFM channel 16 and on-scene notice.
(c) Regulations. (1) In accordance with the general regulations in §165.23, entry
of vessels or persons into the zone during transit operations is prohibited unless
specifically authorized by the COTP or designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard

assigned to units under the operational control of USCG Sector Ohio Valley.
(2) If permission is granted, all persons and vessels must comply with the
instructions of the COTP or designated representative.

Dated: September 6, 2022.

H. R. Mattern,
Captain, U.S. Coast Guard,
Captain of the Port Sector Ohio Valley.
[FR Doc. 2022-19544 Filed: 9/9/2022 8:45 am; Publication Date: 9/12/2022]