Homeland Security Department Docket USCG-2026-0957 Final Rule

2026-15756: Safety Zone; Ohio River; River, Aurora, IN

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Summary

The Coast Guard is establishing a temporary safety zone for navigable waters on the Ohio River, from mile marker (MM) 499 to MM 497 in Aurora, Indiana. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with an over water powerline replacement. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Ohio Valley, or their designated representative.

The agency’s own summary, as published.

The rule, in full

1,390 words as published, August 04, 2026. View the original →

Federal Register, Volume 91 Issue 148 (Tuesday, August 4, 2026) [Federal Register Volume 91, Number 148 (Tuesday, August 4, 2026)] [Rules and Regulations] [Pages 49278-49279] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-15756] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2026-0957] RIN 1625-AA00 Safety Zone; Ohio River; River, Aurora, IN

Agency

Coast Guard, Department of Homeland Security.

Action

Temporary final rule. -----------------------------------------------------------------------

Summary

The Coast Guard is establishing a temporary safety zone for navigable waters on the Ohio River, from mile marker (MM) 499 to MM 497 in Aurora, Indiana. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with an over water powerline replacement. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Ohio Valley, or their designated representative.

Dates

This rule is effective from August 3, 2026, through August 9, 2026. It will be enforced from 7 a.m. to 5 p.m. each day during this period, or until operations are complete, whichever occurs first.

Addresses

To view available documents go to https://www.regulations.gov and search for USCG-2026-0957.

For Further Information Contact

If you have questions about this rule, contact MST1 Jean Jimenez Sosa, MSD Cincinnati, U.S. Coast Guard; telephone 206-827-1363, or email [email protected].

Supplementary Information

I. Table of Abbreviations

CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code

II. Background and Authority

The Coast Guard received notification that Duke Energy will be conducting aerial power line replacements within the Ohio River near Aurora, IN. Hazards from this project include but are not limited to deployment of heavy machinery, and various other activities which create hazards for workers and the public. The Captain of the Port (COTP) Ohio Valley has determined that potential hazards associated with power line replacements are a safety concern for anyone within the work area. Therefore, the COTP is issuing this rule under the authority in 46 U.S.C. 70034, which is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone. Because of these potential hazards, the Coast Guard is issuing this rule without prior notice and comment. As is authorized by 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 and contrary to the public interest. The Coast Guard was notified of this event on July 13, 2026, but we must establish this safety zone by August 9, 2026, to protect personnel, vessels, and the marine environment. Therefore, we do not have enough time to solicit and respond to comments. For the same reason, the Coast Guard finds that under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the Federal Register.

III. Discussion of the Rule

This rule establishes a safety zone from August 3, 2026, through August 9, 2026. The rule will be enforced from 7 a.m. to 5 p.m. on each day during this period, or until operations are complete. The safety zone will cover all navigable waters of Ohio River, from mile marker (MM) 499 to MM 497 in Aurora, Indiana. Vessels and persons will not be allowed to enter the zone during this time, unless authorized by the Captain of the Port.

IV. 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.

A. Impact on Small Entities

The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that are not subject to notice and comment. Because the Coast Guard has, for good cause, waived the notice and comment requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act's flexibility analysis provisions do not apply here. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 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.

B. 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).

C. Federalism and Indian Tribal Governments

We have analyzed this rule under Executive Order 13132, Federalism, and [[Page 49279]] have determined that it is consistent with the fundamental federalism principles and preemption requirements described in that Order. 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.

D. Unfunded Mandates Reform Act

As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this rule will not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government, in the aggregate, or by the private sector.

E. 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 et seq.), 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 is a safety zone. 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. 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, 70124; 33 CFR 1.05-1, 6.04- 1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.4. 0

2. Add Sec. 165.T08-0957 to read as follows:

Sec. 165.T08-0957 Safety Zone; Ohio River, Aurora, IN. (a) Location. The following area is a safety zone: All navigable waters of Ohio River, from mile marker (MM) 499 to MM 497 in Aurora, Indiana. (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 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 on VHF-FM channel 16 or by telephone 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. (d) Enforcement periods. This section will be enforced from 7 a.m. to 5 p.m. daily from August 3, 2026, through August 9, 2026, or until operations are complete, whichever occurs first. Randy L. Preston, Captain, U.S. Coast Guard, Captain of the Port, Ohio Valley. [FR Doc. 2026-15756 Filed 8-3-26; 8:45 am] BILLING CODE 9110-04-P

What this changes

Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.

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