Safety Zone; Ohio River, Friendly, WV
| Published date | 26 October 2021 |
| Citation | 86 FR 59031 |
| Record Number | 2021-23333 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 86 Issue 204 (Tuesday, October 26, 2021)
[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Rules and Regulations]
[Pages 59031-59033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23333]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0811]
RIN 1625-AA00
Safety Zone; Ohio River, Friendly, WV
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Ohio River from mile marker 145-151 for safety
concerns regarding an unknown, possibly explosive device found on a
barge. The safety zone is needed to protect personnel, vessels, and the
marine environment from potential hazards associated with the reported
device. Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Ohio Valley.
DATES: This rule is effective without actual notice from October 26,
2021, through October 28, 2021. For purposes of enforcement, actual
notice will be used from October 21, 2021, until October 26, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0811 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 Wesley Cornelius, MSU Huntington, U.S. Coast Guard;
304-733-0198, [email protected].
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 the reported device requires
immediate action to respond to the potential safety hazards. It is
impracticable and contrary to the public interest to publish an NPRM
because we must establish this safety zone by October 21, 2021.
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 public interest
because it would create significant safety hazards to the public.
Immediate action is needed to respond to the potential safety hazards
associated with the reported device.
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
unknown, possibly explosive device reported October 21, 2021, will be a
safety concern for anyone on the Ohio River from mile marker 145 to
mile marker 151. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone
while emergency responders and law enforcement officers assess the
device.
IV. Discussion of the Rule
This rule establishes a safety zone from October 21, 2021 through
October 28, 2021. The safety zone will cover all navigable waters on
the Ohio River from mile marker 145 to mile marker 151. The duration of
the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters for the duration of emergency
response and law enforcement operations. No vessel or person will be
permitted to enter the safety zone
[[Page 59032]]
without obtaining permission from the COTP or a designated
representative. If the need for the zone ends before October 28, the
COTP will use a broadcast notice to mariners to inform the public that
the zone is terminated.
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 limited size
and duration of the zone, and potential impact to the safety of
mariners and waterway users on the Ohio River between mile marker 145
and mile marker 151.
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. 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, the economic impact on any vessel owner or operator will be
limited by the temporary duration of the zone.
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. 01, 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 a safety zone
lasting seven days that will prohibit vessel operations on the Ohio
River from mile marker 145 through mile marker 151. It is categorically
excluded from further review under paragraph L[60c] 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 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.T08-0811 to read as follows:
Sec. 165.T08-0811 Safety Zone; Ohio River, Friendly, WV.
(a) Location. The following area is a safety zone: all navigable
waters of the Ohio River from mile marker 145 to mile marker 151.
(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
[[Page 59033]]
designated by or assisting the Captain of the Port Ohio Valley (COTP)
in the enforcement of the safety zone.
(c) 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 502-779-5300. 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.
Dated: October 21, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2021-23333 Filed 10-25-21; 8:45 am]
BILLING CODE 9110-04-P
