[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Rules and Regulations]
[Pages 43913-43914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16999]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0550]
RIN 1625-AA08


Special Local Regulation; Ohio River, Owensboro, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation on the Ohio River mile 754.0-760.0 in Owensboro, KY on 
August 12-15, 2021. This special local regulation is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created during the Owensboro Air Show. Entry into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Sector Ohio Valley (COTP).

DATES: This rule is effective from 10:30 a.m. 6:30 p.m. on August 12, 
2021 through August 15, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0550 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 MST3 Christopher Matthews, U.S. Coast Guard; telephone 
502-779-5334, email Christopher.S.Matthews@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 ``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 impractical. This special local 
regulation must be established by August 12, 2021, and we lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing this rule. The NPRM process 
would delay the establishment of the special local regulation until 
after the scheduled date of the air show and compromise public safety.
    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 
ensure the safety of the participants and spectators in the Owensboro 
Air Show on August 12, 2021 through August 15, 2021.

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 the 
Owensboro Air Show, will be a safety concern for anyone within the 
area. This rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the special local regulated 
area for the duration of the marine event.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation from 
10:30 a.m. through 6:30 p.m. on August 12, 2021 through August 15, 
2021. The special local regulation will cover all navigable waters of 
the Ohio River, extending the entire width, from mile marker 754.0 to 
mile marker 760.0. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters while the Owensboro Air Show is taking place. No vessel or 
person will be permitted to enter the special local regulation 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 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 special local regulation. 
This special local regulation restricts transit on the Ohio River 
between mile marker 754.0 and mile marker 760.0. This area will have 
limited access for a period of eight hours on August 12, 2021 through 
August 15, 2021. Moreover, the Coast Guard would issue Broadcast 
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and 
Marine Safety Information Bulletins (MSIBs), as appropriate, about this 
special local regulation so that waterway users may plan accordingly 
for this short restriction on transit, and the rule would allow vessels 
to request permission to enter the 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.

[[Page 43914]]

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 lasting eight hours for four days that will 
prohibit entry on a six mile stretch of the Ohio River. It is 
categorically 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, Security measures, 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.T08-0550 to read as follows:


Sec.  100.T08-0550  Owensboro, KY. Ohio River.

    (a) Regulated area. The regulations in this section apply to the 
following area: All navigable waters of the Ohio River between mile 
754.0 and 760.0
    (b) Regulations. (1) All non-participants are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area described in paragraph (a) of this section unless 
authorized by the Captain of the Port Sector Ohio Valley or their 
designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by Sector Ohio Valley command center at 502-779-5422. 
Those in the regulated area must comply with all lawful orders or 
directions given to them by the COTP or the designated representative.
    (3) The COTP will provide notice of the regulated area through 
advanced notice via broadcast notice to mariners and by on-scene 
designated representatives.
    (c) Enforcement period. This section will be enforced from 10:30 
a.m. through 6:30 p.m. on August 12, 2021 through August 15, 2021.

    Dated: August 3, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-16999 Filed 8-10-21; 8:45 am]
BILLING CODE 9110-04-P


