[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Rules and Regulations]
[Pages 23611-23613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09386]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0286]
RIN 1625-AA00


Safety Zone; Ohio River, Lawrenceburg, IN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Ohio River, extending the entire width of 
the river, from mile marker (MM) 490 to MM 492. This safety zone is 
necessary to provide for the safety of life on these navigable waters 
near Lawrenceburg, IN during the Tanners Creek Wire Crossing. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Sector Ohio Valley.

DATES: This rule is effective from May 3, 2021, through May 8, 2021, 
from 9 a.m. through 5 p.m. daily, or until operations are complete, 
whichever occur first.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0286 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Matthew Roberts, Marine Safety Detachment 
Cincinnati, U.S. Coast Guard; telephone 513-921-9033, email 
matthew.d.roberts@uscg.mil.

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

[[Page 23612]]

``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 May 3, 2021 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 contrary to the public interest because immediate 
action is necessary to protect persons and property from the dangers 
associated with the marine event.

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 the Tanners Creek Wire Crossing, 
occurring from May 3, 2021 through May 8, 2021 from 9 a.m. until 5 p.m. 
daily, or until operations are complete, will be a safety concern for 
all navigable waters on the Ohio River, extending the entire width of 
the river, from mile marker (MM) 490.0 to MM 492.0. The purpose of this 
rule is to ensure the safety of life and vessels on these navigable 
waters before, during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone on May 3, 2021 through May 8, 
2021 from 9 a.m. until 5 p.m. daily, or until operations are complete 
on all navigable waters of the Ohio River, extending the entire width 
of the river, from MM 490 to MM 492. Transit into and through this area 
is prohibited during periods of enforcement on these dates and times. 
The periods of enforcement will be prior to, during, and 30 minutes 
after any vessel movement and wire transfer operations at Tanners 
Creek. The Coast Guard was informed that the operations will take place 
between 9 a.m. through 5 p.m. Enforcement of the regulated area will 
occur while the wire crossing operations are being conducted. A safety 
vessel will coordinate all vessel traffic during the enforced times of 
this safety zone. The duration of the safety zone is intended to ensure 
the safety of life and vessels on these navigable waters before, 
during, and after the scheduled event. No vessel or person will be 
permitted to enter the safety zone 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, and time-of-day of the safety zone. This safety 
zone will be in place on a 2-mile stretch of the Ohio River from May 3, 
2021 though May 8, 2021 from 9 a.m. until 5 p.m. daily, or until 
operations are complete. The Coast Guard will issue written Local 
Notice to Mariners and Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the temporary safety zone, and this rule also 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.

[[Page 23613]]

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 the 
establishment of a safety zone lasting eight hours for six days and 
extending for two miles that prohibits entry on all navigable waters of 
the Ohio River from MM 490.0 to MM 492.0. It is categorically excluded 
from further review under paragraph L60 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 
where indicated under ADDRESSES.

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. 0170.1.


0
2. Add Sec.  165.T08-0286 to read as follows:


Sec.  165.T08-0286  Safety zone; Ohio River, Lawernceburg, IN.

    (a) Location. All navigable waters of the Ohio River between mile 
marker (MM) 490.0 to MM 492.0 in Lawrenceburg, IN.
    (b) Period of enforcement. This section will be enforced from May 
3, 2021 through May 8, 2021, from 9 a.m. until 5 p.m. daily, or until 
operations are complete, whichever occurs first
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port Sector Ohio Valley 
(COTP) or a designated representative. Persons or vessels desiring to 
enter into or pass through the zone 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 enter this safety zone must 
transit at the slowest safe speed and comply with all lawful directions 
issued by 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.
    (d) Informational broadcasts. The COTP or a designated 
representative will issue written Local Notice to Mariners and 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
temporary safety zone, and this rule also allows vessels to seek 
permission from the COTP or a designated representative to enter the 
area.

    Dated: April 29, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-09386 Filed 5-3-21; 8:45 am]
BILLING CODE 9110-04-P


