Rule2021-24601
Safety Zone; Ohio River, Olmsted, IL
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
November 12, 2021
Effective
December 2, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 216 (Friday, November 12, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#6f3c3b23423c222d42223c3a3f0e0b1a0c0e07423838222f1a1c0c0841020603"><span class="__cf_email__" data-cfemail="f8abacb4d5abb5bad5b5abada8999c8d9b9990d5afafb5b88d8b9b9fd6959194">[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 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
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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.