[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]


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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

[[Page 37912]]

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

[[Page 37913]]

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.

[[Page 37914]]

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