Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations 48305 

Captain of Port Buffalo via channel 16, 

VHF–FM. Vessels and persons granted 

permission to enter the safety zone shall 

obey the directions of the Captain of the 

Port Buffalo or her designated 

representative. While within a safety 

zone, all vessels shall operate at the 

minimum speed necessary to maintain a 

safe course. In addition to this 

notification of enforcement in the 

Federal Register, the Coast Guard plans 

to provide notification of this 

enforcement period via the Local Notice 

to Mariners and marine information 

broadcasts. 

Dated: August 24, 2021. 

Lexia M. Littlejohn, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2021–18641 Filed 8–27–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0680] 

RIN 1625–AA00 

Safety Zone; Green River; Drakesboro, 

KY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Green River at MM 99 to 101, on 

September 22, 2021 in conjunction with 

operations being conducted at the 

Paradise Fossil Plant. This safety zone is 

needed to protect the public, vessels, 

and waterfront facilities from 

destruction, loss, or injury from 

sabotage or other subversive acts, 

accidents, or other causes of a similar 

nature from the hazards associated with 

explosive operations at the Paradise 

Fossil Plant. Entry into this safety zone 

is prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) Sector Ohio Valley or a 

designated representative. 

DATES: This rule is effective without 

actual notice from 6 a.m. through 9 a.m. 

on September 22, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0680 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 MST1 Taylor Mudrock, U.S Coast 

Guard 502–779–5334, 

Taylor.A.Mudrock@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 

impracticable. It is impracticable to 

publish an NPRM because this safety 

zone must be established by September 

22, 2021, and we lack sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing the rule. 

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. For the same reasons 

discussed in the preceding paragraph, a 

30 day delay of the effective date would 

be contrary to public interest because 

action is needed to respond to the 

potential safety hazards associated with 

the implosion at the Paradise Fossil 

Plant involving explosives beginning 

September 22, 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 

safety needs associated with the 

explosive operations at the Paradise 

Fossil Plant on September 22, 2021, 

present a safety concern. The purpose of 

this rulemaking is to ensure the safety 

of the public surrounding regulated area 

before, during, and after the scheduled 

times. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 6 a.m. through 9 a.m. 

on September 22, 2021. The safety zone 

will cover all navigable waters from 

mile 99 to 101 on the Green River. The 

duration of the zone is intended to 

protect personnel and vessels in and 

around these navigable waters during 

the explosive operations at the Paradise 

Fossil Plant before, during, and after the 

scheduled times. 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 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day of the regulated area. 

This rule is limited to the Green River 

from mile 99 to 101 on September 22, 

2021 and will be enforced only during 

the times specified. Moreover, the Coast 

Guard will issue Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the regulated area and the rule 

allows vessels to seek permission to 

enter the 

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. 


khammond on DSKJM1Z7X2PROD with RULES
48306 Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations 

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 

establishing a temporary safety zone on 

the Green River at mile 99 to 101 on 

September 22, 2021. 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 

■ 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. 

■ 2. Add § 165.T08–0451 to read as 

follows: 

§ 165.T08–0451 Safety Zone; Green River, 

Drakesboro, KY. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Green River between MM 99 to MM 101 

in Drakesboro, KY. 

(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 6 a.m. through 9 

a.m. on September 22, 2021. 

Dated: August 24, 2021. 

A.M. Beach, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2021–18643 Filed 8–27–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0576] 

RIN 1625–AA00 

Safety Zone; Maumee River; Toledo, 

OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is amending 

a temporary safety zone for navigable 

waters on the Maumee River near 

Promenade Park in Toledo, OH. The 

safety zone amendment is necessary to 

protect spectators, personnel, vessels, 

and the marine environment from 

potential hazards created by the 

Promedica Health System Fireworks 

event. Entry of vessels or persons into 


khammond on DSKJM1Z7X2PROD with RULES