[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]


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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, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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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 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


