Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 43913 

That airspace extending upward from 700 

feet above the surface within a 5-mile radius 

of the airport, and within 5 miles each side 

of the 169° bearing from the airport, 

extending from the 5-mile radius to 24 miles 

south of the airport, and within 4 miles each 

side of the 351° bearing from the airport, 

extending from the 5-mile radius to 12.5 

miles north of the airport; and that airspace 

extending upward from 1,200 feet above the 

surface within a 67-mile radius of the airport. 

Issued in Des Moines, Washington, on 

August 2, 2021. 

B.G. Chew, 

Acting Group Manager, Operations Support 

Group, Western Service Center. 

[FR Doc. 2021–16831 Filed 8–10–21; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 https://

www.regulations.gov, 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 Christopher.S.Matthews@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ 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. 


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43914 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 

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 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T08–0550 to read as 

follows: 

§ 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 nonparticipants 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket Number USCG–2020–0034] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Chicago River, Chicago, IL; Correction 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule; correction. 

SUMMARY: The Coast Guard is correcting 

a final rule that appeared in the Federal 

Register on July 30, 2021. The final rule 

announced changes to the Amtrak 

Railroad Bridge, mile 3.77, across the 

South Branch of the Chicago River, at 

Chicago, Illinois. The rule has an 

effective date of August 30, 2021. This 

correction fixes an incorrect amendatory 


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