[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Rules and Regulations]
[Pages 50250-50252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17586]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0614]
RIN 1625-AA08


Special Local Regulation; Ohio River, Cincinnati, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is proposing to establish a temporary special 
local regulation for all navigable waters of the Ohio River, extending 
the entire width of the river, between mile marker (MM) 464.0-473.0 and 
the Licking River between MM 0.0-0.3. In the event the Ohio River Gauge 
is at or above the 45 foot level, the special local regulation will 
extend west to MM 476.0. This action is necessary to provide for the 
safety of life on these navigable waters near Cincinnati, OH during 
Riverfest 2022 on September 4, 2022 through September 5, 2022. This 
rulemaking prohibits persons and vessels from operating above no wake 
speeds in the area unless authorized by the Captain of the Port Sector 
Ohio Valley or a designated representative.

DATES: This rule is effective from 12 p.m. on September 4, 2022 through 
3 a.m. on September 5, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0614 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 on this rule, 
call or email Petty Officer Thomas Harp, Marine Safety Detachment 
Cincinnati, U.S. Coast Guard; telephone 513-921-9033, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

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

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 Ohio Valley 
(COTP) has determined that potential hazards with the firework display, 
occurring at 12 p.m. on September 4 until 3 a.m. on September 5, 2022, 
will be a safety concern for all navigable waters on the Ohio River 
between MM 464-473 and the Licking River between MM 0.0-0.3. In the 
event the Ohio River Gauge is at or above the 45 foot level, this 
regulation will extend west to MM 476.0 on the Ohio River before, 
during, and after the scheduled event.

[[Page 50251]]

IV. Discussion of the Rule

    This rule establishes a special local regulation from 12 p.m. on 
September 4 until 3 a.m. September 5, 2022. The special local 
regulation would cover all waters of the Ohio River between MM 464-479 
and the Licking River between MM 0.0-0.3. In the event the Ohio River 
Gauge is at or above the 45 foot level, this regulation will extend 
west to MM 476.0 on the Ohio River in Cincinnati, OH. The duration of 
the special local regulation is to ensure the safety of vessels and 
these navigable waters before, during, and after the scheduled event. 
No vessel or person is permitted to operate above no wake speeds 
without obtaining permission from the COTP or a designated 
representative. A designated representative is a commissioned, warrant, 
or petty officer of the U.S. Coast Guard assigned to units under the 
operational control of Sector Ohio Valley. They may be contacted on 
VHF-FM Channel 16 or by telephone at 1-800-253-7465. Persons and 
vessels permitted to enter this regulated area 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 Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, duration, time-of-day of the special local regulation. The 
special local regulation will be in place from 12 p.m. on September 4, 
2022 to 3 a.m. on September 5, 2022 on the Ohio River between MM 464-
479 and the Licking River between MM 0.0-0.3. In the event the Ohio 
River Gauge is at or above the 45 foot level, this regulation will 
extend west to MM 476.0 on the Ohio River in Cincinnati, OH. The Coast 
Guard will issue a written Local Notice to Mariners and Broadcast 
Notice to Mariners via VFH-FM marine channel 16 about the special local 
regulation, and this rule allows vessels to seek permission from the 
COTP or a designated representative to enter the area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
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 
special local regulation from 12 p.m. on September 4, 2022 until 3 a.m. 
on September 5, 2022 that prohibits vessels from operating above no 
wake speeds on all navigable waters of the Ohio River between MM 464-
479 and the Licking River between MM 0.0-0.3. In the event the Ohio 
River Gauge is at or above the 45 foot level, this regulation will 
extend west to MM 476.0 on the Ohio River in Cincinnati, OH. It is 
categorically

[[Page 50252]]

excluded from further review under paragraph L61 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 1.

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 OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T08-0614 Special Local Regulation, Ohio River, 
Cincinnati, OH.
    (a) Location. All navigable waters of the Ohio River between MM 
464-479 and the Licking River between MM 0.0-0.3. In the event the Ohio 
River Gauge is at or above the 45 foot level, this regulation will 
extend west to MM 476.0 on the Ohio River in Cincinnati, OH.
    (b) Period of Enforcement. This special local regulation will be 
enforced from 12 p.m. on September 4, 2022 through 3 a.m. on September 
5, 2022.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.35 of this part, all vessels entering the zone described in 
paragraph (a) of this section are prohibited from operating above no 
wake speeds unless specifically authorized by the Captain of the Port 
(COTP) or a designated representative. Persons or vessels desiring to 
operate above no wake speeds must request permission from the COTP or a 
designated representative. They may be contacted on VHF-FM radio 
channel 16 or phone at 1-800-253-7465.
    (2) Persons and vessels permitted to deviate from this special 
local regulation must transit at the slowest safe speed and comply with 
all lawful directions issued by the COTP or a designated 
representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notice to 
mariners of the enforcement period of the special local regulation as 
well as any changes in the planned schedule.

    Dated: August 9, 2022
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2022-17586 Filed 8-15-22; 8:45 am]
BILLING CODE 9110-04-P