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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations Captain of Port Buffalo via channel 16, VHFFM. 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. 202118641 Filed 82721; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210680
RIN 1625AA00

Safety Zone; Green River; Drakesboro, KY
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

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 USCG2021
0680 in the search box and click Search. Next, in the Document Type column, select Supporting & Related Material.

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SUMMARY:

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If you have questions on this rule, call or email MST1 Taylor Mudrock, U.S Coast Guard 5027795334, Taylor.A.Mudrock@USCG.mil.

FOR FURTHER INFORMATION CONTACT:

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
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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.

The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. 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.
553bB, 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. 553d3, 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.

V. Regulatory Analyses
III. Legal Authority and Need for Rule
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, 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.
605b that this rule will not have a significant economic impact on a substantial number of small entities.

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.

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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 VHFFM marine channel 16 about the regulated area and the rule allows vessels to seek permission to enter the B. Impact on Small Entities
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