Rule2021-17892
Safety Zone; Ohio River, Newburgh, IN
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 20, 2021
Effective
September 4, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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) 777.3 to MM 778.3. This action is necessary to provide for the safety of life on these navigable waters near Newburgh, Indiana during the City of Newburgh fireworks display on September 4, 2021. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative.
Full Text
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<title>Federal Register, Volume 86 Issue 159 (Friday, August 20, 2021)</title>
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[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Rules and Regulations]
[Pages 46781-46783]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17892]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0451]
RIN 1625-AA00
Safety Zone; Ohio River, Newburgh, 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) 777.3 to MM 778.3. This action is
necessary to provide for the safety of life on these navigable waters
near Newburgh, Indiana during the City of Newburgh fireworks display on
September 4, 2021. This regulation prohibits persons and vessels from
being in the safety zone unless authorized by the Captain of the Port
Sector Ohio Valley or a designated representative.
DATES: This rule is effective from 9:30 p.m. through 10 p.m. on
September 4, 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-
2021-0451 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#a0e3c8d2c9d3d4cfd0c8c5d28ef38eedc1d4d4c8c5d7d3e0d5d3c3c78ecdc9cc"><span class="__cf_email__" data-cfemail="480b203a213b3c2738202d3a661b6605293c3c202d3f3b083d3b2b2f66252124">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector 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 June 17, 2021, the Historic Newburgh, Inc notified the Coast
Guard that it will be conducting a fireworks display from 9:30 p.m.
though 10 p.m. on September 4, 2021. The fireworks are to be launched
from the shore of the Ohio River at approximately mile marker (MM)
777.3 to MM 778.3. Hazards from firework displays include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The Captain of the Port Sector Ohio Valley (COTP) has
determined that potential hazards associated with the fireworks to be
used in this display would be a safety concern for anyone on a one-mile
stretch of the Ohio River. In response, on July, 2, 2021, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled ``Safety
Zone; Ohio River, Newburgh, IN'' docket number USCG-2021-0451 (86 FR
35242). There we stated why we issued the NPRM, and invited comments on
our proposed regulatory action related to this fireworks display.
During the comment period that ended August 2, 2021, we received 1
comment.
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 we must establish the safety zone by September 4, 2021 to
protect the public from the potential hazards associated with the
fireworks event on that date.
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
fireworks to be used in this September 4, 2021 display will be a safety
concern for anyone within the area. The purpose of this rule is to
ensure safety of vessels and the navigable waters in the safety zone
before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published July
2, 2021. The comment was from a citizen concerned about environmental
impact of this firework display. The environmental concerns raised by
the commenter appear to be in regards to the potential dangers to the
environment from the fireworks, and not the environmental impact of
this safety zone. The Coast Guard is not sponsoring or conducting the
fireworks; we are only establishing a safety zone around the display to
protect persons and property from hazards associated with the display.
During the development of this temporary final rule, the Coast Guard
underwent an environmental review process and determined this safety
zone fit a categorical exclusion under the National Environmental
Policy Act as explained in greater detail in paragraph F of this
document. The Coast Guard duly considered the environmental impacts in
our decision to authorize the safety zone as part of the decision
making process. No changes have been made to the final rule regulatory
text from what was proposed in the NPRM.
This rule establishes a safety zone from 9:30 p.m. through 10 p.m.
on September 4, 2021. The safety zone will cover all navigable waters,
extending the entire width of the Ohio River from MM 777.3 to MM 778.3.
The duration of the zone is intended to ensure the safety of vessels
and these navigable waters before, during, and after the scheduled 9:30
p.m. to 10 p.m. fireworks display. No vessel or person will be
permitted to enter the safety zone 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
[[Page 46782]]
Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the temporary safety zone. This safety zone
restricts transit on a one-mile stretch of the Ohio River for thirty
minutes on one day. Morever, the Coast Guard would issue Broadcast
Notice to Mariners (BNMs), Local Notices to Mariners (LNMs), and Marine
Safety Information Bulletins (MSIBs) about this safety zone 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 received no 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
safety zone lasting 30 minutes that will prohibit entry within a one-
mile stretch of the Ohio River for one day. 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
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.T08-0451 to read as follows:
Sec. 165.T08-0451 Safety Zone; Ohio River, Newburgh, IN.
(a) Location. The following area is a safety zone: All navigable
waters of the Ohio River between MM 777.3 to MM 778.3 in Newburgh, IN.
(b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM radio channel 16 or phone at 1-800-253-7465.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(c) Enforcement period. This section will be enforced from 9:30
p.m. through 10 p.m. on September 4, 2021.
[[Page 46783]]
Dated: August 12, 2021
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-17892 Filed 8-19-21; 8:45 am]
BILLING CODE 9110-04-P
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