Safety Zone; Ohio River, Olmsted, IL, 37911-37914 [2021-15273]
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Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Rules and Regulations
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.
lotter on DSK11XQN23PROD with RULES1
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
VerDate Sep<11>2014
16:14 Jul 16, 2021
Jkt 253001
environment. This rule involves a safety
zone that will last 10.5 hours on each of
two days and that would prohibit entry
on less than a half-mile stretch of the
Sabine River in Orange, TX. 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 amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREA 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.T08–0416 to read as
follows:
■
§ 165.T08–0416
Orange, Texas
Safety Zone; Sabine River,
(a) Location. The following area is a
safety zone: All navigable waters of the
Sabine River, extending the entire width
of the river, adjacent to the public boat
ramp located in Orange, TX bounded to
the north by the Orange Public Wharf
and latitude 30°05′50″ N and to the
south at latitude 30°05′33″ N. The
duration of the safety zone is intended
to protect participants, spectators, and
other persons and vessels, in the
navigable waters of the Sabine River
during high-speed boat races and will
include breaks and opportunity for
vessels to transit through the regulated
area.
(b) Enforcement periods. This section
will be enforced from 7:30 a.m. through
6 p.m. daily on September 18, 2021 and
September 19, 2021.
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37911
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry of vessels or persons into
this zone is prohibited unless
authorized by the Captain of the Port
Marine Safety Unit Port Arthur (COTP)
or a designated representative. They
may be contacted on VHF–FM channel
13 or 16, or by phone at by telephone
at 409–719–5070.
(2) The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
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.
(3) 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.
(4) The COTP or a designated
representative will terminate
enforcement of the special local
regulations at the conclusion of the
event.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement through Local Notice to
Mariners (LNMs), Broadcast Notices to
Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: July 14, 2021.
James B. Suffern,
Commander, U.S. Coast Guard, Acting
Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2021–15281 Filed 7–16–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0495]
RIN 1625–AA00
Safety Zone; Ohio River, Olmsted, IL
Coast Guard, DHS.
Interim final rule and request
for comments.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
a portion of the Ohio River in Olmsted,
IL. This action is necessary to protect
SUMMARY:
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Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Rules and Regulations
personnel, vessels, and the marine
environment from potential hazards
created by the demolition of Lock and
Dam 53 involving explosives. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Ohio Valley or a designated
representative.
DATES: This rule is effective without
actual notice from July 19, 2021 through
December 1, 2021. For the purposes of
enforcement, actual notice will be used
from July 14, 2021 until July 19, 2021.
Comments and related material must be
received by the Coast Guard on or before
August 18, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0495 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule. You may submit comments
identified by docket number USCG–
2021–0495 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email MST1,
Andrew Lagarce, MSU Paducah, U.S.
Coast Guard; telephone 270–442–1621
ext. 2120, email STL-SMBMSUPaducah-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
lotter on DSK11XQN23PROD with RULES1
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
II. Background, Purpose, and Legal
Basis
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)
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Jkt 253001
with respect to this rule because it is
impracticable.
It is impracticable to publish an
NPRM because this safety zone must be
established by July 14, 2021, and we
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 interim rule effective less
than 30 days after publication in the
Federal Register. For the same reasons
discussed in the preceding paragraph, a
30 day delay of the effective date would
be contrary to public interest because
action is needed to respond to the
potential safety hazards associated with
the demolition of Lock and Dam 53
involving explosives beginning July 14,
2021.
The purpose of this rulemaking is to
ensure the safety of personnel, vessels,
and the marine environment in the
navigable waters of the Ohio River from
mile marker (MM) 961 to MM 964.6
before, during, and after the demolition
of Lock and Dam 53 involving
explosives. The Coast Guard is
establishing this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
III. Discussion of the Rule
This rule establishes a temporary
safety zone that covers all navigable
waters of the Ohio River from MM 961
to MM 964.6. This rule will be enforced
every day at midday from July 14, 2021
through December 1, 2021 as necessary
to facilitate safe demolition of Lock and
Dam 53. Broadcast Notices to Mariners
(BNM) will be issued six hours prior to
the start of blasting to notify the public
that the safety zone is being enforced.
Vessels will be able to transit the safety
zone when explosives are not being
detonated. This safety zone is intended
to protect personnel, vessels, and the
marine environment in these navigable
waters during the detonation of
explosives for the demolition. No vessel
or person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative during
demolition operations involving
explosives.
IV. 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 NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM 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. This
safety zone will only be enforced daily
for a short period of time and only
impact a small portion of the Ohio
River. Additionally, this safety zone will
only be enforced in daytime hours
during the demolition operations of the
Lock and Dam 53. Vessels may seek
permission to transit safety through the
area from the COTP or a designated
reperesentative.
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 would not have a
significant economic
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this rule would not have a significant
economic impact on any vessel owner
or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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
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Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Rules and Regulations
person listed in the FOR FURTHER
INFORMATION CONTACT section. 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 would 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 would 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 call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
lotter on DSK11XQN23PROD with RULES1
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
would 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
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16:14 Jul 16, 2021
Jkt 253001
U.S.C. 4321–4370f), and have made a
preliminary determination 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 temporary safety zone for the
demolition of Lock and Dam 53
involving explosives on the Ohio River
in Olmsted, IL. 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
preliminary 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. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2021–0495 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this rule for alternate
instructions.
Viewing material in docket. To view
documents mentioned in this rule as
being available in the docket, find the
docket as described in the previous
paragraph, and then select ‘‘Supporting
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37913
& Related Material’’ in the Document
Type column. Public comments will
also be placed in our online docket and
can be viewed by following instructions
on the https://www.regulations.gov
Frequently Asked Questions web page.
We review all comments received, but
we will only post comments that
address the topic of the rule. We may
choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
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.T08–0495 to read as
follows:
■
§ 165.T08–0495
Olmsted, IL
Safety Zone; Ohio River,
(a) Location. The safety zone will
cover all navigable waters of the Ohio
River from mile marker (MM) 961 to
MM 964.6.
(b) Effective period. This section is
effective without actual notice from July
19, 2021 until December 1, 2021. For the
purposes of enforcement, actual notice
will be used from July 14, 2021 until
July 19, 2021.
(c) Enforcement period. This section
will be enforced daily at midday from
July 14, 2021 through December 1, 2021,
as necessary to facilitate safe demolition
operations.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry of vessels or persons
into the zone is prohibited unless
specifically authorized by the Captain of
the Port Sector Ohio Valley (COTP) or
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
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Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Rules and Regulations
Coast Guard assigned to units under the
operational control of USCG Sector
Ohio Valley.
(2) Vessels requiring entry into the
safety zone must request permission
from the COTP or a designated
representative. To seek entry into the
safety zone, contact the COTP or the
COTP’s representative by telephone at
502–779–5422 or on VHF–FM channel
16.
(3) Persons and vessels permitted to
enter the safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public when the safety zone
is being enforced via a Broadcast
Notices to Mariners.
Dated: July 13, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2021–15273 Filed 7–16–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0552]
RIN 1625–AA00
Safety Zone; Cumberland River Mile
Marker 62; Canton, KY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Cumberland
River extending from mile marker (MM)
61.5 to MM 63.5 near Canton, KY. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
associated with the salvage of a cruise
ship. Entry of vessels or persons into
this 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 without
actual notice from July 19, 2021 through
September 16, 2021. For the purposes of
enforcement, actual notice will be used
from July 17, 2021 until July 19, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0552 in the search box and click
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SUMMARY:
VerDate Sep<11>2014
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Jkt 253001
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email MST2, Dylan
Caikowski, MSU Paducah, U.S. Coast
Guard; telephone 270–442–1621 ext.
2120, email STL-SMB-MSUPaducahWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
has determined that potential hazards
associated with the salvage of a
grounded cruise ship will be a safety
concern for anyone between MM 61.5
and MM 63.5 on the Cumberland River
during active salvage operations. This
rule is needed to protect personnel,
vessels, and the marine environment
from potential hazards associated with
the salvage of a cruise ship at MM 62
on the Cumberland River.
I. Table of Abbreviations
IV. Discussion of the 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
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
would be impracticable. On July 7, 2021
a cruise ship grounded near MM 62 of
the Cumberland River. Due to the nature
of the Cumberland River and the
amount of recreational and commerical
vessels there is potential safety risk
during salvage of the cruise ship to the
vessels in the area. The safety zone must
be established immediately to protect
people, vessels, and the marine
environment from hazards associated
with the salvage of a cruise ship. It is
impracticable to publish an NPRM and
consider the comments before issuing
this rule because we must establish this
safety zone by July 17, 2021.
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 immediate action is needed to
respond to the potential safety hazards
associated with the salvage of a cruise
ship.
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
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This rule establishes a temporary
safety zone from July 17, 2021 through
September 16, 2021, or until the hazards
have been mitigated. The temporary
safety zone will cover all navigable
waters of the Cumberland River from
MM 61.5 to MM 63.5. The COTP will
terminate the enforcement of this
temporary safety zone before September
16, 2021 if the hazards associated with
the salvage of a cruise ship have been
resolved. A Broadcast Notices to
Mariners (BNM) will be issued twentyfour hours prior to the start of salvage
operations to notify the public that the
safety zone is being enforced. Vessels
will be able to transit the safety zone
when no active salvage operations are
being conducted. No vessel or person
will be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative. Requests for entry will
be considered and reviewed on a caseby-case basis. The COTP may be
contacted by telephone at 502–779–
5422 or the on scene designated
representative can be reached via VHF–
FM channel 16. Persons and vessels
permitted to enter this temporary safety
zone must transit at their slowest safe
speed and comply with all lawful
directions issued by the COTP or the
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
E:\FR\FM\19JYR1.SGM
19JYR1
]]>Agencies
[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Rules and Regulations]
[Pages 37911-37914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15273]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0495]
RIN 1625-AA00
Safety Zone; Ohio River, Olmsted, IL
AGENCY: Coast Guard, DHS.
ACTION: Interim final rule and request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on a
portion of the Ohio River in Olmsted, IL. This action is necessary to
protect
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personnel, vessels, and the marine environment from potential hazards
created by the demolition of Lock and Dam 53 involving explosives.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Ohio Valley or a
designated representative.
DATES: This rule is effective without actual notice from July 19, 2021
through December 1, 2021. For the purposes of enforcement, actual
notice will be used from July 14, 2021 until July 19, 2021. Comments
and related material must be received by the Coast Guard on or before
August 18, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0495 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule. You may submit
comments identified by docket number USCG-2021-0495 using the Federal
Decision Making Portal at https://www.regulations.gov. See the ``Public
Participation and Request for Comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email MST1, Andrew Lagarce, MSU Paducah, U.S. Coast
Guard; telephone 270-442-1621 ext. 2120, 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, Purpose, and Legal Basis
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.
It is impracticable to publish an NPRM because this safety zone
must be established by July 14, 2021, and we 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 interim rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, a 30 day delay of the effective date would be
contrary to public interest because action is needed to respond to the
potential safety hazards associated with the demolition of Lock and Dam
53 involving explosives beginning July 14, 2021.
The purpose of this rulemaking is to ensure the safety of
personnel, vessels, and the marine environment in the navigable waters
of the Ohio River from mile marker (MM) 961 to MM 964.6 before, during,
and after the demolition of Lock and Dam 53 involving explosives. The
Coast Guard is establishing this rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of the Rule
This rule establishes a temporary safety zone that covers all
navigable waters of the Ohio River from MM 961 to MM 964.6. This rule
will be enforced every day at midday from July 14, 2021 through
December 1, 2021 as necessary to facilitate safe demolition of Lock and
Dam 53. Broadcast Notices to Mariners (BNM) will be issued six hours
prior to the start of blasting to notify the public that the safety
zone is being enforced. Vessels will be able to transit the safety zone
when explosives are not being detonated. This safety zone is intended
to protect personnel, vessels, and the marine environment in these
navigable waters during the detonation of explosives for the
demolition. No vessel or person will be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative during demolition operations involving explosives.
IV. 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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
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. This safety
zone will only be enforced daily for a short period of time and only
impact a small portion of the Ohio River. Additionally, this safety
zone will only be enforced in daytime hours during the demolition
operations of the Lock and Dam 53. Vessels may seek permission to
transit safety through the area from the COTP or a designated
reperesentative.
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
would not have a significant economic
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this rule would not have a significant economic impact on
any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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
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person listed in the FOR FURTHER INFORMATION CONTACT section. 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 would 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 would 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 call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section.
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 would 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 made a preliminary determination 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 temporary safety zone for the demolition of
Lock and Dam 53 involving explosives on the Ohio River in Olmsted, IL.
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 preliminary 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. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2021-0495 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this rule for alternate instructions.
Viewing material in docket. To view documents mentioned in this
rule as being available in the docket, find the docket as described in
the previous paragraph, and then select ``Supporting & Related
Material'' in the Document Type column. Public comments will also be
placed in our online docket and can be viewed by following instructions
on the https://www.regulations.gov Frequently Asked Questions web page.
We review all comments received, but we will only post comments that
address the topic of the rule. We may choose not to post off-topic,
inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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.T08-0495 to read as follows:
Sec. 165.T08-0495 Safety Zone; Ohio River, Olmsted, IL
(a) Location. The safety zone will cover all navigable waters of
the Ohio River from mile marker (MM) 961 to MM 964.6.
(b) Effective period. This section is effective without actual
notice from July 19, 2021 until December 1, 2021. For the purposes of
enforcement, actual notice will be used from July 14, 2021 until July
19, 2021.
(c) Enforcement period. This section will be enforced daily at
midday from July 14, 2021 through December 1, 2021, as necessary to
facilitate safe demolition operations.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry of vessels or persons into the zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Ohio Valley (COTP) or designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
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Coast Guard assigned to units under the operational control of USCG
Sector Ohio Valley.
(2) Vessels requiring entry into the safety zone must request
permission from the COTP or a designated representative. To seek entry
into the safety zone, contact the COTP or the COTP's representative by
telephone at 502-779-5422 or on VHF-FM channel 16.
(3) Persons and vessels permitted to enter the safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public when the safety zone is being enforced via a
Broadcast Notices to Mariners.
Dated: July 13, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-15273 Filed 7-16-21; 8:45 am]
BILLING CODE 9110-04-P
