Rule2021-16999
Special Local Regulation; Ohio River, Owensboro, KY
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 11, 2021
Effective
August 12, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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).
Full Text
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<title>Federal Register, Volume 86 Issue 152 (Wednesday, August 11, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#9fdcf7edf6ecebf0eff7faedb1ccb1d2feebebf7fae8ecdfeaecfcf8b1f2f6f3"><span class="__cf_email__" data-cfemail="acefc4dec5dfd8c3dcc4c9de82ff82e1cdd8d8c4c9dbdfecd9dfcfcb82c1c5c0">[email protected]</span></a>.
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
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</html>Indexed from Federal Register on August 11, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.