[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Rules and Regulations]
[Pages 51699-51701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16615]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0256]
RIN 1625-AA00


Safety Zone; Ohio River MM 469.5-470.5 and Licking River MM 0.0 
to 0.3, Cincinnati, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone from 
Mile Marker 469.5--Mile Marker 470.5 of the Ohio River and from Mile 
Marker 0.0--Mile Marker 0.3 of the Licking River. This action is 
necessary to provide for the safety of life on these navigable waters 
near Cincinnati, OH during the Redbull Flugtag sporting event occurring 
on August 12, 2023. This safety zone prohibits persons and vessels from 
transiting through the safety zone unless authorized by the Captain of 
the Port Sector Ohio Valley or a designated representative.

DATES: This rule is effective from noon through 5 p.m. on August 12, 
2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0256 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 MST1 Julie Thomas, 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
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 due to timeline requirements, it is 
impracticable to publish an NPRM and consider the comments because we 
must establish this safety zone by August 12, 2023.
    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 growing public 
interest for the scheduled event starting August 12, 2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Ohio Valley (COTP) has determined 
that potential hazards associated with a sporting event starting August 
1, 2023, will be a safety concern for anyone within Mile Marker 469.5--
Mile Marker 470.5 of the Ohio River and Mile Marker 0.0--Mile Marker 
0.3 of the Licking River. This rule is needed to protect waterway 
users, vessels, and the marine environment in the navigable waters 
within the safety zone while the

[[Page 51700]]

sporting event occurs. This includes protection of personnel involved 
with the sporting event and support vessels.

IV. Discussion of the Rule

    This rule establishes a safety zone from noon until 5 p.m. on 
August 12, 2023. The safety zone will cover all navigable waters from 
Miler Marker 469.5--Mile Marker 470.5 of the Ohio River and Mile Marker 
0.0--Mile Marker 0.3 of the Licking River. The duration of the zone is 
intended to protect waterway users, vessels, and the marine environment 
in these navigable waters while the sporting event is occurring. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the duration, and 
time of day of the safety zone. The duration of the safety zone is five 
hours, and vessels will be able to contact the COTP for directions on 
how to transit around or seek permission to enter. Moreover, the Coast 
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone, and the rule would allow vessels to seek 
permission to enter the zone. We do not anticipate any significant 
economic impact resulting from activation of the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (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 
safety zone lasting only 5 hours that would prohibit any vessel or 
person from entering the safety zone without obtaining permission from 
the Captain of the Port (COTP) of Sector Ohio Valley or a designated 
representative. 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.

[[Page 51701]]

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 165 801 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3


0
2. Add Sec.  100.T08-0256 to read as follows:


Sec.  165.T08-0256  Safety Zone; Ohio River MM 469.5-470.5 and Licking 
River MM 0.0 to 0.3, Cincinnati, OH.

    (a) Regulated area. This section applies to the following area: 
Ohio River Mile Marker 469.5--Miler Marker 470.5, extending the entire 
river and the Licking River from Mile Marker 0.0--Mile Marker 0.3, 
extending the entire river.
    (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 Sector Ohio Valley (COTP) in the enforcement of the 
safety zone.
    (c) Regulations. (1) This rule establishes a safety zone from noon 
through 5 p.m. on August 12, 2023. The safety zone will cover all 
navigable waters from Miler Marker 469.5--Mile Marker 470.5 of the Ohio 
River and Mile Marker 0.0--Mile Marker 0.3 of the Licking River. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by contacting the Patrol Commander via VHF-FM radio 
channel 16 or phone at 1-800-253-7465. Those in the safety zone must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from noon 
through 5 p.m. on August 12, 2023.

    Dated: July 31, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-16615 Filed 8-3-23; 8:45 am]
BILLING CODE 9110-04-P