Rule2021-21550
Special Local Regulation; Ohio River, Louisville, KY
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 4, 2021
Effective
October 9, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation on the Ohio River at mile marker 596. This action is necessary to provide for the safety of life on these navigable waters during the Captain's Quarters Sailing Regatta from October 9, 2021 through October 10, 2021. This regulation prohibits persons and vessels from being in the limitied acess area unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative.
Full Text
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<title>Federal Register, Volume 86 Issue 189 (Monday, October 4, 2021)</title>
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[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Pages 54620-54622]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21550]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0546]
RIN 1625-AA08
Special Local Regulation; Ohio River, Louisville, KY
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation on the Ohio River at mile marker 596. This action is
necessary to provide for the safety of life on these navigable waters
during the Captain's Quarters Sailing Regatta from October 9, 2021
through October 10, 2021. This regulation prohibits persons and vessels
from being in the limitied acess area unless authorized by the Captain
of the Port Sector Ohio Valley or a designated representative.
DATES: This rule is effective from October 9, 2021, through October 10,
2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0546 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, Sector Ohio Valley, U.S. Coast
Guard 502-779-5334, <a href="/cdn-cgi/l/email-protection#c083a8b2a9b3b4afb0a8a5b2ee93ee8da1b4b4a8a5b7b380b5b3a3a7eeada9ac"><span class="__cf_email__" data-cfemail="cf8ca7bda6bcbba0bfa7aabde19ce182aebbbba7aab8bc8fbabcaca8e1a2a6a3">[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
On July 5, 2021, River Cities Community Sailing Program notified
the Coast Guard that from noon to 5 p.m. on October 9 and Ocotber 10,
2021, it will be conducting a sailing regatta. In response, on August
4, 2021, the Coast Guard published a notice of proposed rulemaking
(NPRM) titled ``Special Local Regulation; Ohio River, Louisville, KY''
[USCG-2021-0546] (86
[[Page 54621]]
FR 41909). There we stated why we issued the NPRM, and invited comments
on our proposed regulatory action related to this sailing regatta.
During the comment period that ended August 24, 2021, we received 0
comments.
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 contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with the sailing regatta.
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
sailing regatta to be used in this October 9 and 10, 2021 will be a
safety concern for anyone within the area. The purpose of this rule is
to ensure safety of vessels and the navigable waters in the safety zone
before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
August 4, 2021. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a special local regulation from noon to 5
p.m. on October 9, 2021 and October 10, 2021. The special local
regulation will cover all navigable waters from mile marker 594 to 598
on the Ohio River. The duration of the zone is intended to ensure the
safety of the sailing vessels during the regatta. No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the COTP or a designated representative. 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.
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, and duration of the special local regulation. This special
local regulation restricts transit on a four-mile stretch of the Ohio
River for five hours on two days. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners (BNMs), Local Notices to Mariners (LNMs),
and Marine Safety Information Bulletins (MSIBs) about this special
local regulation so that waterway users may plan according for this
restriction on transit, and the rule allows vessel 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 received 0 comments from the Small Business
Administration on this rulemaking. 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
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
[[Page 54622]]
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 two day sailing competition held
annually. 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. A Memorandum for the Record 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 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
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T08-0462 to read as follows:
Sec. 100.T08-0462 Special Local Regulation; Ohio River, Louisville,
KY.
(a) Regulated area. The following area is a special local regulated
area: All navigable waters of the Ohio River from Mile Marker (MM)
594.0 to MM 598.0, extending the entire width of the river.
(b) Regulations. (1) All non-participants 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 (COTP) 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 Coast Guard will issue Broadcast Notice to Mariners (BNMs),
Local Notices to Mariners (LNMs), and Marine Safety Information
Bulletins (MSIBs) about the special local regulation in this section.
(c) Enforcement period. This section will be enforced from noon
through 5 p.m. on October 9, 2021, and October 10, 2021.
Dated: September 29, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-21550 Filed 10-1-21; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.