[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Rules and Regulations]
[Pages 60271-60273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21542]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0652]
RIN 1625-AA00


Safety Zone; Ohio River, Louisville, KY

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 from mile marker (MM) 602.5 to 
MM 603.5 from 7 p.m. on October 24 through 1 a.m. on October 25, 2022. 
This action is necessary to provide for the safety of life on these 
navigable waters near Louisville, KY during a planned film stunt on 
October 24 and 25, 2022. This regulation prohibits persons and vessels 
from being in the safety zone unless authorized by the Captain of the 
Port Ohio Valley or a designated representative.

DATES: This rule is effective from 7 p.m. on October 24 through 1 a.m. 
on October 25, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0652 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 Christopher Roble, U.S. Coast Guard; 
telephone 502-779-5336, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Ohio Valley
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

    On July 22, 2022, Messiah's Star LLC notified the Coast Guard that 
it will be conducting a film stunt from 7 p.m. on October 24, 2022 to 1 
a.m. on October 25, 2022, as part of filming for a film titled ``Just 
One Life.'' The stunt is a controlled fall and is to take place from 
the Big Four Pedestrian Bridge to the Ohio River below at MM 603.
    The event will include 3 swimmers, a deck boat, and a houseboat.
    In response, on August 8, 2022, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled Safety Zone; Ohio River, 
Louisville, KY (87 FR 48125). There we stated why we issued the NPRM 
and invited comments on our proposed regulatory action related to the 
film stunt. During the comment period that ended September 7, 2022, we 
received no comments.
    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 and contrary to the public interest 
because immediate action is necessary to protect persons and vessels 
from the safety hazards associated with the planned film stunt 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 associated with the film 
stunt on October 24 and 25, 2022, will be a safety concern for anyone 
on the navigable waters of the Ohio River between MM 602.5 and MM 
603.5. The purpose of this rule is to ensure the safety of vessels and 
these navigable waters during the scheduled 7 p.m. through 1 a.m. film 
stunt.

IV. Discussion of the Rule

    As noted above, we received no comments on the NPRM published on 
August 8, 2022. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from 7 p.m. on October 24, 2022 
through 1 a.m. on October 25, 2022. The safety zone covers all 
navigable waters of the Ohio River between MM 602.5 and MM 603.5. The 
duration of the zone is intended to ensure the safety of vessels and 
these navigable waters during the scheduled 7 p.m. through 1 a.m. film 
stunt. No vessel or person will be permitted to enter the safety zone

[[Page 60272]]

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.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. This safety 
zone will restrict transit on a one-mile stretch of the Ohio River for 
6 hours on one night. Moreover, the Coast Guard will issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the zone and the 
rule allows vessels to seek 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 received 00 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 will 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 that will be in place from 7 p.m. on October 24, 2022 
through 1 a.m. on October 25, 2022 on the Ohio River between MM 602.5 
to MM 603.5.
    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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
amending 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.T08-0652 to read as follows:


Sec.  165.T08-0652  Safety Zone; Ohio River, Miles 602.5-603.5, 
Louisville, KY

    (a) Location. The following area is a temporary safety zone: All 
navigable

[[Page 60273]]

waters of the Ohio River between MM 602.5 and 603.5.
    (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 Ohio Valley (COTP) in the enforcement of the safety 
zone.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry of persons and vessels into the safety zone 
described in paragraph (a) of this section is prohibited unless 
authorized by the COTP or a designated representative.
    (2) Persons or vessels requiring entry into or passage through the 
zone must request permission from the COTP or a designated 
representative. The COTP's representative may be contacted at 502-779-
5424.
    (d) Enforcement period. This section is effective from 7 p.m. on 
October 24, 2022 through 1 a.m. on October 25, 2022.

    Dated: September 22, 2022.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2022-21542 Filed 10-4-22; 8:45 am]
BILLING CODE 9110-04-P


