Safety Zone; Ohio River, Olmsted, IL, 62727-62729 [2021-24601]
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Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Rules and Regulations
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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY PF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Gregory H. Magee,
Captain, U.S. Coast Guard, Captain of the
Port.
Authority: 46 U.S.C. 70041; 33 CFR
1.05–1.
[FR Doc. 2021–24717 Filed 11–10–21; 8:45 am]
2. Add § 100.T07–0775 to read as
follows:
■
BILLING CODE 9110–04–P
lotter on DSK11XQN23PROD with RULES1
§ 100.T07–0775 Jurakan Triathlon, Isleta
San Juan, San Juan, Puerto Rico.
(a) Regulated area. The regulations in
this section apply to the following area:
Waters around Isleta San Juan including
certain waters of San Juan Bay, from
surface to bottom, encompassed by a
line connecting the following points
beginning at 18°27′34.2″ N, 66°5′23.75″
W; thence north-east to 18°27′46.22″ N,
66°4′59.95″ W; thence north to
18°28′14.05″ N, 66°5′7.69″ W; thence
west to 18°28′13.62″ N, 66°5′52.8″ W;
keep west to 18°28′21.54″ N, 66°7′32.74″
W; thence south-east to 18°27′29.38″ N,
66°6′59.22″ W; thence north-east to
18°27′40.7″ N, 66°6′18.43″ W; and along
the end of San Antonio Channel back to
the beginning point at San Juan Bay
Marina, completing the SUP race
circuit. These coordinates are based on
North American Datum 1983.
(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 San Juan (COTP)
in the enforcement of the regulations in
this section.
Participant means all persons and
vessels registered with the event
sponsor as a participants in the race.
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15:55 Nov 10, 2021
Jkt 256001
(c) Regulations. (1) All nonparticipants are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area described in paragraph (a) of this
section unless authorized by the Captain
of the Port San Juan or their designated
representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by telephone at (787)
289–2041, or a designated
representative via VHF radio on channel
16. Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP or
the designated representative.
(3) The COTP will provide notice of
the regulated area through advanced
notice via broadcast notice to mariners
and by on-scene designated
representatives.
(d) Enforcement period. This section
will be enforced from 8:00 a.m. until
11:00 a.m., on November 13, 2021.
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, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
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
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
Sector Ohio Valley or a designated
representative.
SUMMARY:
This rule is effective December 2,
2021, through December 1, 2022.
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
DATES:
PO 00000
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62727
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
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:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
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 purpose of this rule is to ensure
the safety of vessels on the navigable
waters of the Ohio River during the
demolition of Lock and Dam 53. During
this time, a temporary safety zone on the
Ohio River will be necessary to protect
persons, property, and infrastructure
from potential damage and safety
hazards associated with the demolition
of Lock and Dam 53. In response, on
July 19, 2021, the Coast Guard
published an interim final rule (IFR)
titled ‘‘Safety Zone; Ohio River,
Olmsted, IL’’ (86 FR 37911). There we
stated why we issued the interim final
rule and invited comments on our
regulatory action related to the
demolition of the Lock and Dam 53 on
the Ohio River. During the comment
period that ended August 18, 2021, we
received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector Ohio Valley
(COTP) has determined that potential
hazards associated with demolition of
Lock and Dam 53 involving explosives
will be a safety concern for anyone on
the Ohio River from mile marker (MM)
961 to MM 964.6. This rule is needed
to protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone before,
during, and after the demolition of Lock
and Dam 53 involving explosives.
The Coast Guard is making this rule
effective sooner than 30 days after
publication pursuant to authority under
the Administrative Procedure Act
(APA), specifically 5 U.S.C. 553(d)(3).
This provision authorizes an agency to
make a rule effective sooner than 30
days after publication when the agency
E:\FR\FM\12NOR1.SGM
12NOR1
62728
Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Rules and Regulations
for good cause finds that the delay is
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(d)(3), the Coast Guard finds that
delaying the effective date of this rule
would be contrary to public interest
because this safety zone must become
effective on December 2, 2021, to ensure
there is a continuous safety zone in
place to protect vessels and persons
from the safety hazards associated with
the continued dam demolition on the
Ohio River.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our IFR published July 19,
2021. There are no changes in the
regulatory text of this rule from the IFR.
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 December 2,
2021, through December 1, 2022 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. 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.
lotter on DSK11XQN23PROD with RULES1
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. 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
VerDate Sep<11>2014
15:55 Nov 10, 2021
Jkt 256001
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 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).
PO 00000
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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 a
temporary safety zone for the
demolition of Lock and Dam 53
involving explosives on the Ohio River
in Olmsted, IL. 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
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Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Rules and Regulations
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:
Dated: November 3, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2021–24601 Filed 11–10–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 16
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Roach, Chief, Infrastructure and
Project Support Branch, National
Enforcement Investigations Center,
Office of Criminal Enforcement,
Forensics and Training, U.S.
Environmental Protection Agency,
Building 25—Box 25227, Denver
Federal Center, Denver, CO 80225;
Roach.Michael@epa.gov; (303) 462–
9080.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[EPA–HQ–OECA–2021–0552; FRL–8948–
02–OMS]
1. The authority citation for part 165
continues to read as follows:
Privacy Act Regulations for EPA–79
I. Why is EPA using a direct final rule?
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
The EPA is publishing this rule
without a prior proposed rule because
we view this as a noncontroversial
action and anticipate no adverse
comment. However, in the ‘‘Proposed
Rules’’ section of this issue of the
Federal Register, we are publishing a
separate document that will serve as the
proposed rule to exempt a new system
of records, EPA–79, the NEIC Master
Tracking System, from certain
requirements of the Privacy Act if
adverse comments are received on this
direct final rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time. For further
information about commenting on this
rule, see the ADDRESSES section of this
document.
If EPA receives adverse comment, we
will publish a timely withdrawal in the
Federal Register informing the public
that this direct final rule will not take
effect. We would address all public
comments in any subsequent final rule
based on the proposed rule.
■
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.T08–0495 to read as
follows:
■
§ 165.T08–0495
Olmsted, IL.
lotter on DSK11XQN23PROD with RULES1
(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.
(e) 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.
62729
Safety Zone; Ohio River,
(a) Location. The safety zone covers
all navigable waters of the Ohio River
from mile marker (MM) 961 to MM
964.6.
(b) Effective period. This section is
effective December 2, 2021, through
December 1, 2022.
(c) Enforcement period. This section
will be enforced daily at midday from
December 2, 2021, through December 1,
2022, as necessary to facilitate safe
demolition operations.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
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.
Coast Guard (USCG) 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.
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15:55 Nov 10, 2021
Jkt 256001
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to revise the Agency’s Privacy
Act regulations to exempt a new system
of records, EPA–79, the NEIC Master
Tracking System, from certain
requirements of the Privacy Act because
records in EPA’s National Enforcement
Investigation Center (NEIC) Master
Tracking System are maintained for use
in civil and criminal actions.
DATES: This rule is effective on January
11, 2022 without further notice unless
EPA receives adverse comment by
December 13, 2021. If EPA receives
adverse comment, it will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OECA–2021–0552, at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
SUMMARY:
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SUPPLEMENTARY INFORMATION:
II. General Information
The EPA published a Privacy Act
system of records notice for information
collected using the NEIC Master
Tracking System (86 FR 60033, October
29, 2021). The system supports and
documents investigations of persons or
organizations alleged to have violated
any Federal environmental statute or
regulation or, pursuant to a cooperative
agreement with a state, local, or tribal
authority, an environmental statute or
regulation of such authority. NEIC
E:\FR\FM\12NOR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Rules and Regulations]
[Pages 62727-62729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24601]
-----------------------------------------------------------------------
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, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
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 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 Sector Ohio
Valley or a designated representative.
DATES: This rule is effective December 2, 2021, through December 1,
2022.
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.'' 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 [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The purpose of this rule is to ensure the safety of vessels on the
navigable waters of the Ohio River during the demolition of Lock and
Dam 53. During this time, a temporary safety zone on the Ohio River
will be necessary to protect persons, property, and infrastructure from
potential damage and safety hazards associated with the demolition of
Lock and Dam 53. In response, on July 19, 2021, the Coast Guard
published an interim final rule (IFR) titled ``Safety Zone; Ohio River,
Olmsted, IL'' (86 FR 37911). There we stated why we issued the interim
final rule and invited comments on our regulatory action related to the
demolition of the Lock and Dam 53 on the Ohio River. During the comment
period that ended August 18, 2021, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Ohio
Valley (COTP) has determined that potential hazards associated with
demolition of Lock and Dam 53 involving explosives will be a safety
concern for anyone on the Ohio River from mile marker (MM) 961 to MM
964.6. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone
before, during, and after the demolition of Lock and Dam 53 involving
explosives.
The Coast Guard is making this rule effective sooner than 30 days
after publication pursuant to authority under the Administrative
Procedure Act (APA), specifically 5 U.S.C. 553(d)(3). This provision
authorizes an agency to make a rule effective sooner than 30 days after
publication when the agency
[[Page 62728]]
for good cause finds that the delay is ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that delaying the effective date of this rule would be
contrary to public interest because this safety zone must become
effective on December 2, 2021, to ensure there is a continuous safety
zone in place to protect vessels and persons from the safety hazards
associated with the continued dam demolition on the Ohio River.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our IFR published July
19, 2021. There are no changes in the regulatory text of this rule from
the IFR.
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 December 2, 2021, through
December 1, 2022 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. 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.
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. 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 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 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 a
temporary safety zone for the demolition of Lock and Dam 53 involving
explosives on the Ohio River in Olmsted, IL. 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
[[Page 62729]]
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.T08-0495 to read as follows:
Sec. 165.T08-0495 Safety Zone; Ohio River, Olmsted, IL.
(a) Location. The safety zone covers all navigable waters of the
Ohio River from mile marker (MM) 961 to MM 964.6.
(b) Effective period. This section is effective December 2, 2021,
through December 1, 2022.
(c) Enforcement period. This section will be enforced daily at
midday from December 2, 2021, through December 1, 2022, as necessary to
facilitate safe demolition operations.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, 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. Coast Guard
(USCG) 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.
(e) 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: November 3, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-24601 Filed 11-10-21; 8:45 am]
BILLING CODE 9110-04-P
