[Federal Register Volume 87, Number 76 (Wednesday, April 20, 2022)]
[Rules and Regulations]
[Pages 23445-23447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08433]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0277]
RIN 1625-AA00


Safety Zone; Ohio River, Cincinnati, OH

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, between mile marker (MM) 469.0-470.0. This safety zone is 
necessary to provide for the safety of life on these navigable waters 
near Cincinnati, Ohio for a private fireworks display. 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 on May 7, 2022 from 9:30 p.m. through 10 
p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0277 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 Petty Officer Thomas Harp, Marine Safety Detachment 
Cincinnati, U.S. Coast Guard; telephone 513-921-9033, email 
<a href="/cdn-cgi/l/email-protection#7d291512101c0e533153351c0f0d3d080e1e1a53101411"><span class="__cf_email__" data-cfemail="0155696e6c60722f4d2f4960737141747262662f6c686d">[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 Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to

[[Page 23446]]

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. We must establish this regulation by 
May 7, 2022 and lack sufficient time to provide a reasonable comment 
period and then consider those comments before issuing this 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. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is necessary to protect persons and property 
from the dangers associated with the event.

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 
private fireworks display, occurring on May 7, 2022 from 9:30 p.m. 
until 10pm, will be a safety concern for all navigable waters on the 
Ohio River, extending the entire width of the river, between mile 
markers (MM) 469.0-470.0. The purpose of this rule is to ensure the 
safety of life and vessels on these navigable waters before, during, 
and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:30 p.m. until 10 p.m. on 
May 7, 2022 on all navigable waters of the Ohio River, extending the 
entire width of the river, between MM 469.0 and 470.0. Transit into and 
through this area is prohibited during periods of enforcement on this 
date and time. The periods of enforcement will be prior to, during, and 
30 minutes after any vessel movement and during the fireowrks display. 
The Coast Guard was informed that the event will take place from 9:30 
p.m. until 10 p.m. Enforcement of the regulated area will occur during 
the fireworks display. The duration of the temporary safety zone is 
intended to ensure the safety of life and vessels on these navigable 
waters before, during, and after the scheduled event. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. A designated 
representative is a commissioned, warrant, or petty officer of the U.S. 
Coast Guard assigned to units under the operational control of Sector 
Ohio Valley. They may be contacted on VHF-FM Channel 16 or by telephone 
at 1-800-253-7465. Persons and vessels permitted to enter this 
regulated area must transit at their slowest safe speed and comply with 
all lawful directions issued by the COTP or the 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 safety zone. This safety 
zone will be in place between Mile Markers (MM) 469.0 and 470.0 Ohio 
River on May 7, 2022 from 9:30 p.m. until 10 p.m. The Coast Guard will 
issue written Local Notice to Mariners and Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the temporary safety zone, and this 
rule also allows vessels to seek permission from the COTP or a 
designated representative to enter the area.

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, 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

[[Page 23447]]

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 the 
establishment of a safety zone lasting thirty minutes that prohibits 
entry on all navigable waters of the Ohio River between MM 469.0 and 
470.0. It is categorically excluded from further review under paragraph 
L60 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.T08-0277 to read as follows:


Sec.  165.T08-0277  Safety Zone, Ohio River, Cincinnati, OH.

    (a) Location. All navigable waters of the Ohio River between MM 
469.0 and 470.0 Cincinnati, OH.
    (b) Period of enforcement. This section will be enforced on May 7, 
2022 from 9:30 p.m. until 10 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port Sector Ohio Valley 
(COTP) or a designated representative, Persons or vessels desiring to 
enter into or pass through the zone must request permission from the 
COTP or a designated representative. They may be contacted on VHF-FM 
radio channel 16 or phone at 1-800-253-7465.
    (2) Persons and vessel permitted to deviate from this safety zone 
regulation and enter the restricted are must transit at the slowest 
safe speed and comply with all lawful directions issued by the COTP or 
a designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through Local Notice to Mariners 
and Broadcast Notice to Mariners of the enforcement period for the 
temporary safety zone as well as any changes in the planned schedule.

    Dated: April 14, 2022.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2022-08433 Filed 4-19-22; 8:45 am]
BILLING CODE 9110-04-P


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